Our Farmington car accident lawyers recently filed a motor vehicle accident lawsuit for a client in the Oakland County Circuit Court. The case arises out of a drunk driving accident that occurred on I-696 near Orchard Lake Road. Our client was a driver of a vehicle that was struck in the rear by a negligent driver. Due to the collision, the vehicle our client was driving spun into the wall that divides the highway. The drunk defendant was cited for OWI.
Under Michigan Law, when a driver fails to keep an assured clear distance behind the vehicle in front of it and strike another vehicle in the rear, causing a rear end car accident, the driver of the striking vehicle is deemed prima facie guilty of negligence. Michigan statute, MCL. 257.627, also known as the assured clear distance ahead statute, provides that all drivers must drive “at a careful and prudent speed, not greater than nor less than is reasonable and proper, having due regard to traffic, surface, and width of the highway and of any other condition then existing.” Because of this statute, drivers are limited in the kind of evidence they can use to rebut the presumption of negligence that is created when they rear end another car.
Our client suffered serious injuries in the accident, including but not limited to, injuries to the right shoulder, carpel tunnel syndrome in the right hand, low back pain, and several facial lacerations.