Our Sterling Heights car accident lawyers recently filed a motor vehicle accident lawsuit for a client in the Macomb County Circuit Court. The case arises out of a motor vehicle accident that occurred on I-696 near the city of Sterling Heights. The client was a driver of a vehicle that was struck in the rear by a negligent driver.
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.
The client suffered injuries and has pain in his neck, back, numbness in both hands, headaches, some confusion and dizziness. Treatment is ongoing and the patient has endured pain and suffering for almost one year since the accident. Pain and suffering damages after Michigan car accident, also known as non-economic damages, generally include compensation for physical pain and suffering, mental anguish, fright and shock, denial of social pleasure and enjoyments, embarrassment, humiliation or mortification. Proving this type of claim to the insurance company or a jury takes significant expertise by an experienced accident lawyer. Because these injuries are “invisible” the lawyer that you hire to represent you must be aware of the certain methods of presenting these “invisible” injuries to the insurance company or jury assigned to the case.