Navigating a car accident claim in Michigan can become particularly challenging when pre-existing injuries are involved. As a seasoned Detroit car accident lawyer, I have witnessed numerous instances where insurance companies attempt to diminish the value of a claim by attributing injuries to preexisting conditions rather than the accident itself. This tactic can complicate your pursuit of fair compensation. To effectively counter this, it’s essential to understand how to prove that your injuries are a direct result of the accident. This process involves comprehensive documentation, expert testimony, and diligent legal representation.
Understanding The Legal Landscape
Michigan’s no-fault insurance system is complex and legal and requires all drivers to carry personal injury protection (PIP) insurance. This coverage includes medical expenses, lost wages, and other related costs, regardless of who caused the accident. However, when injuries are severe, the right to step outside the no-fault system and pursue a claim against the at-fault driver becomes possible. In these situations, proving the full extent of the injuries caused by the accident is crucial, underscoring the need for professional legal guidance.
The Importance Of Medical Documentation
The foundation of proving that your injuries are accident-related and not due to preexisting conditions lies in your medical records. Immediate and continuous medical documentation following your accident is vital. These records create a “snapshot” of your health immediately following the incident, providing a baseline against which any exacerbations of preexisting conditions can be measured.
Expert Medical Testimony
Often, the differentiation between preexisting conditions and accident-related injuries is complex and requires the interpretation of medical experts. Physicians specializing in orthopedics, neurology, or other relevant fields can provide critical insights through detailed evaluations and testify how the accident exacerbated any prior conditions or caused new injuries. Their expert opinions are pivotal in countering claims that your injuries were preexisting. Expert testimony can provide a clear and authoritative account of your injuries, strengthening your case.
Strategies To Counter Insurance Company Tactics
Insurance companies may delve into your medical history, looking for any evidence of prior injuries or complaints that could be used to challenge the severity or cause of your current injuries. Here’s how you can manage and counter these tactics:
1. Complete Disclosure to Your Attorney – Ensure that your lawyer has all the pertinent information regarding your medical history. This transparency allows us to anticipate and rebut arguments from insurance adjusters or opposing counsel effectively.
2. Consistent Medical Treatment – Follow all prescribed treatments and attend all scheduled appointments. Gaps in treatment or inconsistencies in following medical advice can be questioned by insurance companies as evidence that the injuries are not as severe as claimed or unrelated to the accident.
3. Detailed Personal Records – Keep a detailed journal documenting your daily pain levels, challenges, and how the injuries impact your life. This personal record can support your claim by providing a consistent account of your experience post-accident.
Successfully countering the tactics used by insurance companies requires a combination of comprehensive documentation, expert testimony, and diligent legal representation. By maintaining a thorough and consistent medical record, following through with all prescribed medical treatments, and keeping detailed personal notes on the impact of your injuries, you can build a strong foundation for your claim. Additionally, enlisting the help of medical experts and a knowledgeable attorney who understands the intricacies of Michigan’s no-fault laws and the tactics employed by insurers can make a significant difference. These combined efforts will not only help prove the legitimacy of your claim but also secure the compensation you rightfully deserve for your injuries.
FAQs About Proving Absence Of Preexisting Injuries In Michigan Car Accident Lawsuits
How Do Insurance Companies Use Preexisting Conditions to Challenge Claims?
Insurance companies may scrutinize your medical records for any prior mentions of symptoms or injuries similar to those from the accident. They use this information to argue that the current injuries were not caused by the accident but rather by preexisting conditions.
What If I Had No Prior Symptoms of a Preexisting Condition?
If you had a preexisting condition that was asymptomatic before the accident, and the accident caused it to become symptomatic, this is still considered a new injury related to the accident. Medical expert testimony can be crucial in such cases to establish the link between the accident and the onset of symptoms.
Can a Preexisting Condition Affect My Compensation?
Yes, if not properly managed, preexisting conditions can impact the compensation you might receive. It’s crucial to demonstrate how the accident worsened your condition or caused additional injuries to ensure that your compensation is not unjustly reduced.
How Can I Strengthen My Case If I Have Preexisting Conditions?
Being proactive in managing both your health and legal strategies is essential when navigating a car accident claim. First and foremost, it is crucial to maintain thorough medical records that document every aspect of your health following the accident. This includes all medical treatments, doctor’s visits, and any changes in your condition. Additionally, consider getting evaluations from specialists if necessary to obtain detailed assessments that can support your claim.
Utilizing expert testimony can also play a critical role; such insights can clarify the specific impact of the accident on your existing health conditions and help establish a clear causal relationship between the incident and your injuries. Lastly, keeping detailed notes on how your injuries affect your daily life will provide a personal perspective that can add significant weight to your case, offering a real-time account of the challenges you face due to the accident. This holistic approach will strengthen your position and increase your chances of securing fair compensation.
Call Our Detroit Car Accident Lawyer For Exceptional Representation
If you or a loved one are concerned about how your preexisting conditions might affect your car accident injury case, you need knowledgeable and compassionate legal guidance. Contact our Detroit car accident lawyer at Ravid & Associates, P.C., at (248) 948-9696 to receive a free consultation. Our commitment is to provide clear, effective representation and to ensure that your injuries are evaluated fairly, maximizing your entitlement to compensation. Serving all of Michigan, we are here to help you navigate through this challenging time and achieve the best possible outcome for your case.
When you’ve been in a car accident, the aftermath can be overwhelming, especially if you’ve sustained soft tissue injuries. These types of injuries can be particularly challenging to prove in a personal injury claim. In Michigan, where I practice as a personal injury attorney at Ravid & Associates, P.C., we understand the complexities involved in demonstrating the impact of soft tissue injuries on your life.
As your attorney, I play a crucial role in guiding you through the legal process, ensuring your rights are protected, and advocating for the compensation you deserve. Let me walk you through how we approach proving these injuries in a car accident case.
Understanding Soft Tissue Injuries
Soft tissue injuries encompass damage to muscles, ligaments, and tendons. They are common in car accidents and can include strains, sprains, contusions, and whiplash. Despite being less visible than fractures or cuts, these injuries can cause significant pain, limited mobility, and long-term discomfort.
Medical Documentation
The cornerstone of proving a soft tissue injury is thorough and detailed medical documentation. Immediately after an accident, it’s crucial to seek medical attention. A healthcare professional can assess your injuries and provide an initial diagnosis, which should be documented meticulously. This documentation includes not just the diagnosis but also the recommended treatment plan and any prescribed medications or therapies. This meticulous documentation is a key part of our process, ensuring that every aspect of your injury is considered in your claim.
As your attorney, I ensure that all medical records are collected and reviewed. This includes emergency room visits, follow-up appointments, physical therapy notes, and any specialist consultations. Consistent medical records that show a clear progression of your symptoms and treatment are essential in proving the severity and impact of your injuries.
Expert Testimony
While medical records are critical, expert testimony can further substantiate your claim. Medical experts can explain the nature of soft tissue injuries, the typical recovery process, and how your specific injuries align with the accident. Their testimony can be pivotal in illustrating the extent of your suffering and the anticipated long-term effects. This expert testimony is a powerful tool in our arsenal, providing a credible and professional perspective on your injuries.
At Ravid & Associates, P.C., we have established relationships with reputable medical professionals who can provide compelling testimony on your behalf. Their insights can help bridge the gap between the medical jargon in your records and the real-life impact of your injuries.
Personal Testimony And Witness Statements
Your own testimony about the pain and limitations you experience daily is another powerful tool in proving your injury. Detailed accounts of how the injury has affected your work, hobbies, and day-to-day activities can paint a vivid picture of your struggle.
Additionally, statements from family members, friends, and colleagues who have observed the changes in your condition can bolster your claim. These witnesses can speak to the before-and-after effects of the accident on your physical abilities and overall well-being.
Photographic Evidence And Injury Journals
Visual evidence can be compelling in personal injury cases. While soft tissue injuries might not be as visibly apparent as other types of injuries, photographs of bruising or swelling shortly after the accident can be helpful. Furthermore, maintaining an injury journal where you document your pain levels, physical limitations, and emotional distress on a daily basis can provide a detailed chronology of your condition.
Diagnostic Imaging And Tests
Although soft tissue injuries may not always be visible on traditional X-rays, other diagnostic tests like MRI scans or ultrasounds can reveal the extent of the damage. These imaging techniques can provide concrete evidence of the injury, supporting your claim that the accident caused significant harm.
The Civil Lawsuit Process In Michigan
Filing a personal injury lawsuit in Michigan involves several steps, each of which requires careful navigation and experience. Here’s how our personal injury attorneys can assist you through the claims process:
Initial Consultation And Case Evaluation
Your journey begins with an initial consultation, where we discuss the details of your accident and injuries. This meeting allows us to evaluate the merits of your case and determine the best course of action. At Ravid & Associates, P.C., we offer this consultation free of charge, ensuring that you have access to legal guidance without any upfront cost.
Investigation And Evidence Gathering
Once we decide to move forward, a thorough investigation is conducted. This includes gathering all relevant evidence, such as police reports, medical records, witness statements, and any available video footage of the accident. We also consult with medical experts to understand the nature and impact of your injuries. Our goal is to build a strong foundation for your claim, ensuring that we have all the necessary evidence to prove the extent of your injuries and the impact on your life.
Filing The Complaint
The next step is to file a complaint with the court, outlining your allegations against the defendant. This document formally initiates the lawsuit and sets the legal process in motion. It’s crucial to file within Michigan’s statute of limitations for personal injury claims, which is generally three years from the date of the accident.
Discovery Phase
During the discovery phase, both parties exchange information and evidence related to the case. This phase can include depositions, interrogatories, and requests for documents. It’s an essential part of the process where each side builds its case and assesses the strength of the other’s arguments.
Negotiation And Settlement Discussions
Many personal injury cases are resolved through settlement negotiations before reaching trial. As your attorney, I will negotiate with the defendant’s insurance company to seek a fair settlement that compensates you for your injuries, medical expenses, lost wages, and pain and suffering. If a satisfactory settlement cannot be reached, we will proceed to trial.
Trial
If the case goes to trial, both sides present their evidence and arguments before a judge or jury. We will advocate vigorously on your behalf, presenting a compelling case to demonstrate the extent of your injuries and the impact on your life. The goal is to secure a favorable verdict that provides you with the compensation you deserve. However, it’s important to note that the outcome of a trial is not guaranteed, and you may not always win your case. If the verdict is in your favor, you will receive the compensation awarded by the court. If the verdict is not in your favor, you may have the option to appeal the decision, but there are no guarantees of success in an appeal.
Post-Trial And Appeals
Even after a verdict is reached, there may be post-trial motions or appeals. If the outcome is not favorable, we can explore options to appeal the decision. Conversely, if the verdict is in your favor, we will take steps to ensure the judgment is enforced and that you receive the awarded compensation.
FAQs About Soft Tissue Injuries And Car Accidents
What are common symptoms of soft tissue injuries after a car accident?
Soft tissue injuries can manifest in various ways, including pain, swelling, bruising, and stiffness. You may also experience limited range of motion and persistent discomfort in the affected area. It’s essential to seek medical attention even if symptoms appear mild initially, as some injuries may not become fully apparent until days or weeks after the accident.
How long does it take to recover from soft tissue injuries?
Recovery time varies depending on the severity of the injury and the individual’s overall health. Mild injuries might heal within a few weeks, while more severe cases could take several months or longer. Adhering to your treatment plan and following your doctor’s recommendations can facilitate a smoother recovery process.
Can soft tissue injuries lead to long-term complications?
Yes, if not properly treated, soft tissue injuries can lead to chronic pain, reduced mobility, and other long-term issues. Early and consistent treatment is crucial to mitigate these risks and improve your chances of a full recovery.
How do I know if I have a valid personal injury claim for my soft tissue injuries?
To determine the validity of your claim, consider factors such as the extent of your injuries, the impact on your daily life, and the evidence supporting the link between the accident and your injuries. Consulting with a personal injury attorney can help you assess the strength of your case and understand your legal options.
What compensation can I receive for soft tissue injuries from a car accident?
Compensation can cover medical expenses, lost wages, pain and suffering, and other related costs. The specific amount will depend on the details of your case, including the severity of your injuries and the impact on your quality of life.
Why Choose Ravid & Associates, P.C.?
At Ravid & Associates, P.C., we have decades of experience handling personal injury cases in Detroit and the greater Detroit metro area. Our firm is dedicated to providing personalized legal representation to each of our clients. We understand the physical, emotional, and financial toll that a car accident can take on your life, and we are committed to helping you obtain the compensation you deserve.
Our approach is client-focused, ensuring that you receive the attention and support you need throughout the legal process. We have a proven track record of success in personal injury claims, and we leverage our extensive knowledge and resources to build a strong case on your behalf.
Choosing Ravid & Associates, P.C. means partnering with a team that genuinely cares about your well-being and is determined to achieve the best possible outcome for your case.
Call Our Detroit Car Accident Lawyers For Your Free Consultation
If you or a loved one has suffered soft tissue injuries from a car accident, don’t wait to seek legal assistance. The experienced personal injury attorneys at Ravid & Associates, P.C. are here to discuss your case and guide you through the legal process. Contact our Detroit car accident lawyers at Ravid & Associates, P.C. at (248) 948-9696 to receive your free consultation. We serve clients throughout Detroit and the greater Detroit metro area and are ready to fight for your rights and secure the compensation you deserve.
A recent news report published on ClickOnDetroit.com highlighted Metro Detroit’s alarming rise in motor vehicle accidents. As our region undergoes continued growth and development, increasing traffic crashes and fatalities present significant challenges. To provide insight into this concerning trend, the Southeast Michigan Council of Governments (SEMCOG) has released its latest annual report, offering a comprehensive analysis of traffic incidents throughout the area for the year 2022.
Rising Numbers, Lingering Concerns
Despite ongoing efforts to improve road safety, the number of car crashes in Southeast Michigan increased from 2021 to 2022. However, it’s worth noting that these numbers remain lower than pre-pandemic levels, offering a glimmer of hope amidst the data.
In 2022, the total number of crashes recorded in the region stood at 128,821, up from 124,631 in the previous year. Rear-end crashes continued to be the most prevalent type, underscoring the need for continued vigilance and preventative measures on the road.
Tragically, the region also witnessed an increase in car crash fatalities in 2022, nearly matching the high recorded in 2020. With 450 crash-related fatalities reported, the fatality rate reached its second-highest point in a decade. Of particular concern is the alarming rise in deaths related to speeding, which reached a decade-high in 2022.
Contributing Factors
Several factors contribute to the concerning rise in traffic fatalities. Crashes involving speeding drivers, impaired driving, and single-vehicle accidents remain persistent challenges on Metro Detroit’s roads. Despite a slight decrease in impaired driving crashes, the prevalence of alcohol and drugs as contributors to fatalities underscores the need for continued education and enforcement efforts.
Protecting Vulnerable Road Users
Motorcyclists, while accounting for only a small percentage of total crashes, are disproportionately represented in crash-related fatalities. Heightened awareness and targeted safety measures are essential to protect this vulnerable group of road users and prevent further tragedies.
The Role of Intersection Crashes
Though slightly decreasing in 2022, intersection crashes continue to pose significant risks to road safety. Accounting for a substantial portion of crash fatalities and serious injuries, intersections demand attention and targeted interventions to mitigate accident risks.
Identifying High-Risk Areas
The report highlights specific intersections in Metro Detroit that saw the highest number of crashes in 2022. From Warren to Ann Arbor, these intersections serve as focal points for safety improvements and community awareness campaigns.
Collaboration and proactive measures are essential as Metro Detroit grapples with the challenges posed by traffic crashes and fatalities. By analyzing data, identifying trends, and implementing targeted interventions, stakeholders can work together to create safer roads for all.
What to Do After Injured In a Detroit Traffic Accident
Experiencing an injury in a traffic accident can be a distressing and overwhelming experience. If you find yourself injured in a Detroit traffic accident, it’s essential to take immediate steps to protect your health and legal rights. Here’s what you should do:
- Seek Medical Attention: Your health and safety should be your top priority. If you or anyone else involved in the accident is injured, seek medical attention immediately. Even if you believe your injuries are minor, it’s crucial to undergo a thorough medical evaluation. Some injuries, such as whiplash or internal injuries, may not be immediately apparent but can worsen over time if left untreated.
- Contact Law Enforcement: Call 911 to report the accident to the police. Having an official police report documenting the details of the accident can be invaluable for insurance claims and legal proceedings later on. Cooperate fully with law enforcement officers and provide them with accurate information about the accident.
- Gather Evidence: If you are physically able to do so, gather evidence from the accident scene. Take photographs of the vehicles involved, any visible injuries, road conditions, and traffic signs or signals. Collect contact information from witnesses and other parties involved in the accident, including their names, phone numbers, and insurance details.
- Do Not Admit Fault: Avoid discussing fault or assigning blame at the accident scene, even if you believe you may have been responsible. Admitting fault could negatively impact any potential insurance claims or legal proceedings. Stick to the facts when speaking with the police and other parties involved.
- Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with accurate information about the accident, but avoid making any statements that could be interpreted as admitting fault. Your insurance company will guide you through the claims process and may assist in arranging vehicle repairs or medical treatment.
- Consult with Our Personal Injury Attorneys: If you sustained injuries in the accident, consider seeking legal advice from a reputable personal injury attorney. An experienced attorney from our law firm can review the details of your case, advise you of your rights, and help you pursue compensation for your injuries, medical expenses, lost wages, and other damages.
- Follow Medical Advice: Attend all follow-up appointments with your healthcare providers and follow their recommended treatment plans. Document your injuries, symptoms, and medical expenses meticulously, as this information will be crucial for any insurance claims or legal proceedings.
- Keep Records: Keep detailed records of all correspondence, medical bills, receipts, and other documentation related to the accident and your injuries. These records will serve as evidence to support your compensation claims.
- Be Cautious with Settlement Offers: If the at-fault party’s insurance company offers you a settlement, proceed cautiously. Before accepting any settlement offer, please consult with our attorneys to ensure that it adequately covers your damages and future medical needs.
- Know Your Rights: Educate yourself about your rights under Michigan’s traffic laws and personal injury statutes. Understanding your legal rights can empower you to make informed decisions and advocate effectively for fair compensation for your injuries and losses.
By taking these steps after being injured in a Detroit traffic accident, you can protect your health, safeguard your legal rights, and pursue the compensation you deserve. Remember that you don’t have to navigate the aftermath of a traffic accident alone—seeking guidance from medical professionals and experienced legal professionals can help you navigate this challenging time more effectively.
While the rise in traffic crashes and fatalities in Metro Detroit is concerning, it also serves as a call to action for renewed efforts in road safety. By addressing contributing factors, prioritizing vulnerable road users, and focusing on high-risk areas, the region can move towards a future where traffic incidents are minimized, and lives are saved.
Call Our Detroit Car Accident Attorneys for Outstanding Legal Representation
If you or a loved one have been harmed in a car accident in Michigan, it is crucial that you understand your legal rights and the intricacies of the state’s no-fault insurance system. Ravid & Associates, P.C. is dedicated to assisting you through every facet of the legal process, ensuring you obtain the assistance and recompense you rightfully deserve. We are prepared to fiercely advocate for you, armed with our unwavering commitment to tailored service and our profound knowledge of Michigan’s personal injury laws.
Do not face this challenging period alone. Connect with our Detroit car accident lawyer at Ravid & Associates, P.C. by dialing (248) 948-9696 to arrange your free consultation. Allow Ravid & Associates, P.C. to be your partner in pursuing justice and safeguarding your financial future.
Navigating the aftermath of a car accident in Michigan can be an overwhelming experience, fraught with emotional, physical, and financial turmoil. Given Michigan’s unique no-fault insurance laws and the intricacies of personal injury claims within the state, securing legal counsel becomes not just beneficial but essential for individuals involved in such incidents. This article delves into the critical role that legal representation plays in safeguarding your rights and interests after a car accident in Michigan.
Understanding Michigan’s No-Fault Insurance System
Michigan’s no-fault insurance system sets it apart from many other states. Under this framework, every motorist must carry personal injury protection (PIP) insurance. This coverage ensures that, in the event of an accident, each party’s own insurance covers their medical expenses and lost wages, regardless of who was at fault. However, this system also limits the ability to pursue a claim against the other driver unless certain thresholds, such as severe injury or disfigurement, are met.
In this context, legal guidance becomes invaluable. An attorney well-versed in Michigan’s no-fault laws can provide crucial insights into your insurance policy’s nuances, ensuring you fully comprehend your entitlements. Moreover, should your injuries meet the state’s threshold for a third-party claim, a legal professional can adeptly navigate this complex process, advocating for your right to compensation for pain and suffering and other non-economic damages.
The Role of Legal Representation in Claim Navigation
Following a Michigan car accident, individuals often find themselves entangled in a web of insurance claims, potential disputes, and the daunting task of recovery. Here, legal representation serves as a guiding force, adept at managing these multifaceted challenges. An attorney’s role extends beyond mere legal advice; they become your advocate, tirelessly working to ensure your voice is heard and your needs are met.
One of the pivotal tasks a lawyer undertakes is the thorough investigation of the accident. This includes gathering evidence, such as police reports, witness statements, and medical records, which are crucial for substantiating your claim. Moreover, legal counsel can expertly assess the full extent of your damages, considering not only immediate costs but also long-term implications, such as ongoing medical care and rehabilitation.
Negotiating with Insurance Companies
Insurance companies, while purporting to be on your side, often prioritize their financial interests. Without legal representation, individuals may find themselves at a disadvantage, potentially accepting settlements that fall short of covering their total losses. An attorney, however, levels the playing field.
Armed with a comprehensive understanding of personal injury law and a firm grasp of negotiation tactics, legal counsel can effectively communicate with insurers on your behalf. They ensure that your claim is taken seriously, advocating for a settlement that truly reflects the gravity of your losses. In instances where an agreement cannot be reached, your attorney is prepared to take your case to court, presenting a compelling argument for why you deserve just compensation.
Legal Guidance in the Face of Complex Regulations
Michigan’s legal system, particularly in personal injury and insurance law, is characterized by its complexity. Legislation and judicial precedents that influence how claims are handled and adjudicated are in constant flux. Individuals may inadvertently jeopardize their claims without a deep understanding of these legal intricacies.
This is where the value of legal representation becomes most evident. Attorneys dedicated to personal injury law remain abreast of the latest legal developments, ensuring that your case is built on the most current legal standards. Their experience allows them to anticipate potential challenges and devise strategies that align with the evolving legal environment.
A Final Word About The Importance of Retaining Legal Representation After an Accident
In the wake of a Michigan car accident, the path to recovery and justice is fraught with legal complexities and challenges. Securing legal representation is not merely an advantage; it is a necessity for anyone seeking to navigate this difficult journey. With the support of a knowledgeable attorney, victims can focus on their recovery, confident that their legal rights and financial interests are in capable hands. The importance of legal counsel cannot be overstated—it is a critical ally in your pursuit of fairness and compensation in the aftermath of a car accident in Michigan.
Call Our Detroit Car Accident Lawyers For Exceptional Representation
If you or a loved one have been involved in a car accident in Michigan, understanding your rights and the complexities of the state’s no-fault insurance system is crucial. Ravid & Associates, P.C. is here to guide you through every step of the legal process, ensuring that you receive the support and compensation you deserve. We stand ready to advocate on your behalf with our commitment to personalized service and our deep understanding of Michigan’s personal injury laws.
Don’t navigate this challenging time alone. Contact our Detroit car accident lawyer at Ravid & Associates, P.C. by calling (248) 948-9696 to schedule your free consultation. Take the first step towards peace of mind and recovery. Let Ravid & Associates, P.C. be your ally in seeking justice and securing your future.
Winter is approaching in Michigan, and more challenging road conditions are coming. Whether it is snow, ice, or sleet, there are more serious and fatal accidents in winter weather; the National Highway Traffic Safety Administration (NHTSA) reported 374 deadly car accidents and 25,000 serious injuries in 2020 in wintry conditions.
In this article, you will learn how to prepare your car for Michigan winters to keep you and your family safe on the roads. If you have questions about a recent accident, our Detroit car accident lawyers at Ravid & Associates, P.C. can help you.
Tires
As the temperature in Detroit drops, so does the inflation pressure of your tires. Each fall, ensure all your tires are filled to the manufacturer’s recommendation, which is listed in the vehicle owner’s manual. It also should be on the inside of the driver’s door frame. However, you should not inflate the tires to the pressure stamped on the tire; this is the maximum pressure, not what is recommended for your car. Other tire tips to follow this winter are:
- Check your tires every month, especially before taking longer trips.
- Check your tires when they are cold and have not been driven on for several hours.
- Check the tread for signs of wear. Nothing is more hazardous than driving on bald tires on slick Michigan roads in January.
- Check how old each tire is. Many car manufacturers recommend replacing a tire every six years, regardless of mileage.
Windshield Wipers
All it takes is a significant winter storm and you can run through your windshield wiper fluid. Ensure the reservoir is full of winter windshield wiper fluid before every Michigan winter. Double-check that your windshield wipers are still in good condition and remove snow and ice well. You should install heavy-duty windshield wipers if you are in a particularly snowy part of the state.
Emergency Kit
Every vehicle in Michigan should have an emergency kit suited for winter weather, including:
- Ice scraper and snow shovel
- Sand or kitty litter for traction if your vehicle gets stuck
- Flashlight, jumper cables, and warning flares
- Blankets
- Cell phone and charger
- Water and food
- First-aid kit
Fuel Level
If you have a gas-powered vehicle, keep the tank as full as possible. You do not want to be stranded on the road in a snowstorm and run out of fuel. For electric and hybrid cars, try to reduce the drain on the battery in cold weather. Most cars drain the battery to keep the cabin warm in chilly temperatures. The battery drain can be reduced by keeping the electric vehicle warm in the garage in cold temperatures. One way to do this with an electric car is to plug it in at night in cold weather to keep the battery temperature in the ideal range.
Car Battery
Car batteries degrade in warm weather, but it may not be until they are asked to crank a cold motor in the winter that they run out of power. This is because icy weather reduces the battery’s charge when you want it to do more work.
Have a mechanic check the battery to ensure it has sufficient power for cold conditions and is ready for the winter. The car battery’s cables and clamps should be tight and clean, so the battery does not lose power from a bad connection. If you notice corroded terminals, you can clean them by disconnecting them and cleaning them with an old toothbrush, water, and baking soda.
How To Drive Safely In The Winter
Keeping your car in optimal condition will help keep you safe this winter, as will safe driving practices. Keep these tips at the top of mind to get where you need to go safely:
Clear Off Your Vehicle
If your car sits outside, use a snow brush and ice scraper to remove ice and snow from all windows and car surfaces. Doing so ensures the best visibility, and clearing snow from the trunk and roof will prevent it from blowing off and reducing other drivers’ visibility.
Drive Slowly And Smoothly
The biggest reason there are more accidents in winter weather is drivers forget that they need to slow down and avoid aggressive starts, stops, and turns. You have less traction in ice and snow, so you must accelerate slowly, drive smoothly, and gently direct the car through turns. Apply the brakes gentler and sooner than usual because the car takes longer to stop. Also, only do one driving action at a time; trying to brake and turn on an icy road could cause a loss of control.
Do Not Overestimate All-Wheel-Drive (AWD)
Many vehicles today use all-wheel-drive to get extra grip on slick roads. AWD can help keep the car moving in certain icy and snowy conditions, but man drivers become overconfident because they think AWD will let them drive as fast as usual on a slick road. However, AWD is only useful when going straight ahead; it offers no advantage when you brake or corner.
Keep Your Foot Firm On The Brake
Almost every modern vehicle on the road has anti-lock braking (ABS) to help you slow down on slick roads without locking the brakes. This allows you to brake and still steer. but many drivers are startled by the vibration in the pedal when the ABS kicks in. This is the system doing its job, so keep your foot firm on the brake and do not pump it.
Understand Electronic Stability Control (ESC)
Like with ABS, most modern vehicles have electronic traction control that will help to stop the car from sliding in a turn. This system will turn on automatically if the car starts to skid or slide. But disregard what you may have heard years ago about steering into the skid; with DSC, you need to steer in the direction you wish to go, and the system handles everything else.
Speak To Our Detroit Car Accident Lawyers Today
If you were recently injured in a car accident, you should not take on the insurance or court system alone. Our Detroit car accident lawyers at Ravid & Associates, P.C. may obtain more compensation for your losses than you could. Contact our Detroit law office for a consultation today by calling (248) 948-9696.
Uber, Lyft, and other rideshare companies changed the transportation industry when they launched in the early 2010s. These services offer riders a convenient option to get around, but what happens if you are injured in an Uber or Lyft accident? Who pays?
In this article, find out about the next steps if you were in an Uber or Lyft accident with injuries. If you have questions about your case, our Detroit car accident lawyers at Ravid & Associates can help you.
Why Do Rideshare Accidents Happen?
Like any other car accidents, accidents involving Uber and Lyft drivers happen for many reasons:
- Speeding
- Distracted driving
- DUI
- Inexperienced driving
- Fatigued driving
- Reckless driving
There is also a common rideshare practice called ‘deadheading,’ where the driver simply drives aimlessly in an area where fares may occur. When a driver is looking for a passenger, they could be distracted and get into an accident.
Michigan Is Now A No-Fault Accident State
When considering the next steps after a rideshare accident, you should remember that Michigan recently changed its laws and revised its no-fault state auto laws. This provides each accident victim has a guarantee of certain insurance benefits, regardless of who was at fault. Someone hurt in a Michigan car accident, including a rideshare accident, can have both personal protection insurance benefits and a liability claim (in certain instances).
Under the new Michigan law, each injured party can receive limited medical and rehabilitation expenses, three-year wage loss benefits, and replacement service costs. If your excess economic and non-economic losses are above your no-fault insurance benefits, you can also file a personal injury lawsuit against the at-fault party.
If you are injured in a rideshare accident, just remember that your no-fault insurance will typically pay your initial benefits. But if your injuries and other damages exceed your coverage, you and your attorney will consider additional legal options.
Uber And Lyft Rideshare Company Insurance
Before rideshare companies started, all drivers on American roads were personal or commercial. If you wanted a ride, you would pay for a cab, or ride with a friend or family member. Most commercial cab drivers have work vehicles and pay for commercial auto insurance. A personal auto insurance policy does not cover a driver driving a passenger for money.
Rideshare drivers for Uber and Lyft are between personal and commercial drivers. Uber and Lyft say that their drivers are not employees but are independent contractors who drive customers in private vehicles. A Lyft driver may use his car to take his kids to school in the morning, turn on the Lyft app, and pick up paying customers for most of the day. Then, he might pick up the kids from school and get takeout for the family dinner.
At the beginning of the rideshare era, Uber and Lyft did not have driver insurance coverage. Most had personal auto insurance policies that would not cover them when they had fares. This began to change when an Uber driver killed a pedestrian in San Francisco. The grieving family sued Uber for wrongful death, which led rideshare companies to purchase commercial auto insurance.
Today, Uber and Lyft drivers must have personal auto coverage, and commercial auto coverage may kick in when drivers are working. Which policy pays for what and when depends on the situation. Below are several common scenarios.
When The Rideshare Driver Caused The Accident
As of 2022, if you are hit by an Uber or Lyft driver waiting for a fare, the rideshare company’s liability insurance operates to protect passengers negligently injured by a ride-share driver’s negligence.
If you were hurt by an Uber or Lyft driver when they were picking someone up or transporting a passenger, the company offers up to $1 million in liability protection. In some cases, Uber and Lyft offer uninsured and underinsured coverage, depending on the state.
If you were hurt by an Uber or Lyft driver not using the rideshare app when the accident happened, you may only file the claim on the driver’s personal insurance policy. Your car accident attorney can subpoena cell phone records to determine if the driver was using the app when the accident happened.
When The Other Driver Caused The Accident
As noted earlier, Michigan is a no-fault state, so if you are a passenger in a rideshare vehicle and another vehicle injures you, you would typically file a claim with your insurance company. You may file a claim or lawsuit with the other party’s insurance provider or from a state fund carrier assignment in limited circumstances.
Can You File A Lawsuit Against Uber Or Lyft?
If you were hurt in an Uber or Lyft accident, you might want to know if you can sue the company directly. Rideshare companies have more money at their disposal than most private parties.
But filing a lawsuit against Uber or Lyft is challenging. These companies classify their drivers as contractors, so they are not employees. Entities are more likely to be held liable for injuries when their employees are negligent. However, you could decide to file a suit against a rideshare company in limited cases, such as:
- When your injuries and other damages exceed your driver’s personal auto policy
- An Uber or Lyft driver assaulted you
- You believe Uber or Lyft was reckless in training, hiring, or retaining the driver who injured you
How Long Do You Have To File A Car Accident Lawsuit?
Whether the at-fault party was a rideshare driver or a private party, you have only a limited time to file a personal injury lawsuit in Michigan. The statute of limitations to file a lawsuit is three years from the date of the injury.
Contact Our Detroit Car Accident Lawyers Today
If you are in an accident using Uber or Lyft, understand that these claims and lawsuits are usually more complex than typical accident claims. When you think the rideshare company should pay for your damages, it will help to have an attorney answer your questions. Contact our Detroit car accident lawyers at Ravid & Associates. We can help with your case, so please call (248) 963-1719.