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Michigan’s Distracted Driving Accident Lawyer


Michigan’s roads have become increasingly dangerous as a result of distracted driving. In 2021, 16,543 car crashes involved distracted drivers, and 59 accidents resulted in deaths. These numbers represent an increase from 2020, with 14,236 distracted driving-related auto accidents and 48 fatalities.

In distracted driving accidents, the driver may be held responsible for the accident due to negligence. Therefore, those injured in distracted driving accidents have a right to receive fair financial compensation for their damages.

Our distracted driving accident attorneys at Cochran, Kroll, & Associates, P.C. can help you submit your compensation claim. We can investigate your case and look for signs of distracted driving from the other driver.

Types of Distracted Driving

Distracted driving is when you engage in activities likely to distract you from the vehicle’s operation. This includes activities such as:

  • Manual distractions: Smoking, eating, or reaching for an object can make you take your hands off the wheel.
  • Visual distractions: Distractions such as applying makeup or reading your GPS may cause you to take your eyes off the road.
  • Cognitive distractions: The mind is not focused on driving when listening to the radio, talking to passengers, stressed or tired, or lost in thought.

Statistics on Distracted Driving in Michigan

The Michigan Office of Highway Safety Planning reported that distracted drivers cause more severe crashes than non-distracted drivers. Driving distracted was also more common during the daytime in clear weather.

Driving while distracted created significant risks for all drivers sharing the Michigan roads and highways:

Cell Phone Use While Driving is a Serious Distraction

Using a cell phone behind the wheel is risky since it involves manual, cognitive, and visual distractions. For example, the National Highway Traffic and Safety Administration found that just 5 seconds of texting while driving is the equivalent of blindly driving 55 miles the length of a football field.

In Michigan, cell phones were a significant cause in car accidents:

  • Cell phones were reported as an issue in 2,784 accidents involving 2,768 drivers, 15 pedestrians, and 5 bicycle riders.
  • 19.3% of the 2,768 drivers on their cell phones were under 20 years old.
  • 45.7% of rear-end crashes occurred due to a driver using a cell phone.

Businessman using cell phone and texting while driving not paying attention to the road. Dangerous texting and driving at the same time

Does Michigan Have Laws Against Texting While Driving?

Michigan law restricts drivers from using their cellphones and other electronic devices while operating their vehicles. It prohibits:

  • Writing, reading, or sending messages while driving.
  • Cell phone use by commercial motor vehicles and school bus drivers.
  • Level 1 or Level 2 license holders under the age of 18 from using their cell phones while driving under Kelsey’s Law.

If a driver violates Michigan’s texting while driving law, they can face penalties for their violations:

Recovering Compensation for Injuries From a Distracted Driving Accident

You can obtain compensation for your medical expenses and loss of wages when you file an auto accident claim with your personal injury protection (PIP) insurance.

In Michigan, if your injuries meet the serious injury threshold, you can pursue a settlement for non-economic damages such as pain and suffering and reduced quality of life. However, your damages are assessed based on the state’s modified comparative fault statute. This law allows drivers to collect non-economic damages if they are less than 50% at fault for the accident.

How to Prove Fault in a Distracted Driving Case With a Personal Injury Lawyer

An experienced personal injury lawyer from Cochran, Kroll, & Associates, P.C. can protect your legal right to compensation. We can gather these pieces of evidence to prove the other driver was distracted at the time of the accident:

  • Police report detailing the type of accident and officer’s opinion of fault
  • Surveillance footage from nearby businesses
  • Other drivers’ dashcam video footage
  • Witness testimonies
  • Photos of the accident scene

We can obtain a subpoena to review the other driver’s cellphone records and confirm whether the driver was texting during the accident. We can also refer to other pieces of evidence and connect your injuries to the accident:

  • Diagnostic test results and doctors’ medical reports of your injuries
  • Medical records to prove you followed your doctor’s treatment plan for medications, follow-up visits, and ongoing physical rehabilitation

We can speak with expert medical witnesses who can testify about your injuries and treatment options. This is important in claims of severe injuries that could meet Michigan’s serious injury threshold.

Our senior partner, Eileen Kroll, is a registered nurse who uses her medical background to review your medical records. Eileen can work with medical witnesses to help develop a strong case for your compensation.

Michigan Car Accident Lawyers for Distracted Driving Cases

If you have been injured in an accident caused by distracted driving, the experienced personal injury lawyers at Cochran, Kroll, & Associates, P.C. can discuss your case in a free consultation. We can review your compensation under the limitations of your no-fault insurance policy. Our decades of experience allow us to take the other driver to court to get you the compensation you deserve.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.


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