Our auto accident attorneys in Macomb County, Michigan recently settled a third-party car accident lawsuit against a negligent driver. Our client was driving in Warren and was rear-ended by another vehicle. He had significant damage to his car.
The client suffered disc bulges in his back and a herniated disc in his thoracic spine. His treating orthopedic surgeon determined that he was not a surgical candidate and therefore he underwent conservative treatment. The back injury caused significant pain, discomfort, and disability.
Michigan law provides a special rule for dealing with rear end car accidents. MCL.257.402 provides that drivers who hit the rear end of a car “shall be deemed prima facie guilty of negligence.” That means that Michigan law creates a presumption that the person who hit the rear end of another car is at fault for the accident and guilty of negligence. The presumption can be rebutted by other testimony that the accident occurred at night and the car that hit did not have working taillights.
The car accident lawsuit was filed in the Macomb County Circuit Court. A case evaluation panel at the circuit court placed a $50,000 award on the case. This was a non-binding award and was rejected by our client. The case was then set for a jury trial. Just prior to the trial, the insurance company agreed to pay a $90,000 settlement to our client. This was a great result for our client for an injury without surgery.