Whether you are a driver, passenger, or pedestrian, few are prepared for those unexpected traffic accidents that alter the course of their daily lives. Time lost from work, painful medical treatments, and an inability to enjoy social activities can leave you frustrated and wondering whether you have the right to seek compensation. If you’re asking yourself this question, it’s important to consult an experienced attorney who can discuss your potential right to sue.
Negligence of Responsible Parties
Your right to sue after a traffic accident often depends on the negligence of one or more involved parties. Under Michigan law, you may have a right to sue if an individual who meets the following legal requirements caused your accident:
- Duty: The individual had a duty to operate his or her motor vehicle in a safe manner and in accordance with Michigan traffic laws
- Breach: The individual failed to operate the vehicle in a safe, reasonable, or legal manner
- Causation: As a result of the individual’s breach, you were involved in a traffic accident
- Damages: As a result of the accident, you sustained injuries or other compensable damages.
Categories of Injured Parties and Comparative Fault
Your right to sue is also often dependent on what is referred to as your “comparative fault.” If you were the operator of a motor vehicle involved in a Michigan traffic accident, you will not be entitled to sue if you are found to be more than 50% percent at fault for the accident. If you were a passenger or pedestrian, however, and were injured as the result of a traffic accident, you will almost always have a right to sue as you were likely not a contributing cause of the accident.
If you are Suffering and Concerned about your Right to Sue, Consult an Experienced Traffic Accident Attorney
No one asks to have his or her life disrupted by a serious traffic accident. Although you may not always have a right to sue, it is important to consult an experienced attorney who will give you a fair and honest assessment of your rights after a motor vehicle accident. The attorneys of Michigan Injury Lawyers will provide you with an honest and completely free assessment of your case utilizing their years of specialized experience in the field. To schedule a no-risk consultation with one of our Michigan traffic accident lawyers, please call our office today at 313-GET-HELP.
2 http://www.legislature.mi.gov/(S(tbywp1fbueglq05qpct15fkh))/mileg.aspx?page=getObject&objectName=mcl-500-3135Posted In: Car Accidents