Detroit Fatal Car Accidents Lawyer

Numerous circumstances affect the occurrence of fatal and severe injury crashes in Detroit. Sometimes, accidents are predictable and preventable events that involve negligence or reckless conduct. When negligence plays a role in an accident, the injury victim or their loved one may seek compensation under Michigan’s personal injury and wrongful death laws.

Losing a loved one is always challenging. However, when your loss results from another driver’s negligence, it only adds frustration on top of all the other emotions your family experiences. The compassionate Detroit wrongful death and personal injury attorneys at Sommers Schwartz, P.C. are here to help grieving families recover compensation for everything they’ve been through.

Sommers Schwartz is a powerhouse litigation firm that has recovered over one billion dollars for our clients. Our team will fight for you when your future is on the line. We are immediately available to meet and discuss the details of your case, review your legal rights and options, and explain how we can help.

Detroit Michigan Fatal Car Accident Statistics

The Michigan Department of State Police publishes yearly data and statistics that reflect the crashes that occurred in the state. According to the most recent data, there were 245,432 crashes in the state, with 1,010 fatal and 44,417 injury-causing accidents.

Wayne County, Michigan, leads the state with 44,017 crashes, of which 234 were fatal, and 10,561 caused injury. Most of these accidents occurred on local streets, followed by interstates, state, and U.S. routes. The difference in total crashes from the prior year indicates a decrease in total crashes but a 12% increase in fatal crashes and a 10% increase in total fatalities.

Given these startling statistics, the Michigan Department of Transportation (MDOT) and the Michigan State Police continue the Toward Zero Deaths safety campaign. The campaign follows the National Strategy on Highway Safety program, which intends to improve driver behavior and increase safety.

Driver Factors Leading to Fatal Accidents

Despite growing technological advances, the human factor is critical to how and why fatal accidents occur. Understanding human abilities and limitations relative to vehicles and the environment is crucial to preventing fatal Detroit accidents. NHTSA’s catastrophic rate findings showed that the primary behaviors that drove the increase include impairment, speeding, and failure to wear a seat belt.

Distracted driving is also a leading cause of fatal Detroit car accidents. Given the fact that more than 95 percent of all drivers have cell phones, and we’ve become reliant upon them in our day-to-day life, the rate of distracted driving deaths resulting from cell phone use continues to increase.

Driver Drug and Alcohol Use in Detroit Fatal Crashes

For nearly 50 years, the NHTSA has collected fatal crash data for their Fatality Analysis Reporting System (FARS). This data provides information regarding deadly accidents, roadways, and the drivers involved. Despite far-reaching public service campaigns aimed at preventing impaired driving, it takes the lives of thousands of road users every year. In the last reporting year, 1,338 crashes in Wayne County involved alcohol. Fifty-three of these accidents resulted in fatalities and 525 in injury.

“Impaired driving” refers to the use of or impact from alcohol or drugs while operating a vehicle. While blood alcohol concentration (BAC) is not known for every driver in a fatal crash, impairment significantly increases the likelihood of a deadly accident. Further, while the impairing effects of alcohol are well-understood, there is limited research and data on the crash risk of specific illicit or prescription drugs and how these substances affect driving-related skills.

Bicycle and Pedestrian Impairment in Detroit Fatal Accidents

There is a gap in information regarding drug and alcohol use among road users other than drivers. A recent study by the NHTSA evaluated the drug and alcohol prevalence in seriously and fatally injured road users. The study focused primarily on the drug prevalence in accidents before and after the COVID-19 pandemic. The results revealed that drug prevalence was high among seriously and fatally injured road users before the COVID-19 pandemic and was even higher during it. Drivers, pedestrians, and passengers showed an increased prevalence of some drugs, especially alcohol, cannabinoids, and opioids. Pedestrians, passengers, bikers, and other road users should all follow the rules of the road to avoid accidents or serious injuries.

Understanding Michigan’s fault rules is imperative, as accident victims can get blamed for causing or contributing to the accident. Under Michigan comparative negligence rules, even if your loved one was partially at fault for an accident, you can still bring a claim against other negligent drivers. However, if an accident victim is more than 51 percent at fault, their family is excluded from recovering altogether. Additionally, any amount of fault will reduce a family’s recovery amount, so it is essential to work with an experienced Detroit fatal car accident lawyer when pursuing a wrongful death claim.

Crash Avoidance Systems

Radar-based and Vehicle-Based collision warning systems are the subject of the NHTSA’s crash and fatality avoidance research. Vehicle-based safety systems, crash warning systems, active braking technologies, pedestrian detection systems, and intelligent transportation systems deliver more significant safety benefits than earlier technologies. These systems warn the driver if they are at risk for an impending crash or to take action to avoid a collision.

Wrongful Death Liability for Fatal Detroit Accident

The family of a person who suffered fatal injuries in a Detroit accident can file a wrongful death lawsuit against the at-fault party. Under Michigan’s Wrongful Death Act, Section 600.2922, the family, surviving dependents, and beneficiaries of a fatal accident victim can seek compensation from the at-fault driver.

The statute requires that the estate’s representative bring these suits. The personal representative can sue the at-fault party to recover compensation that the victim could have sued for if they had not died. A Detroit personal injury and wrongful death attorney can help families navigate this complex process.

Damages Available After a Fatal Detroit Car Accident

After a wrongful death suit, family members who secure a favorable outcome may recover compensation for specific losses. Common losses include:

• Reasonable medical, funeral, and burial costs.
• Pain and suffering that the victim endured before their death.
• Loss of the victim’s financial support.
• Loss of the victim’s care, companionship, and similar intangible benefits.

The estate must prepare and present a compelling and legally sound case for benefits following a wrongful death. An experienced Detroit wrongful death lawyer at Sommer Schwartz, P.C. can help grieving families obtain the maximum compensation for what they’ve been through.

Who Can Bring a Detroit Wrongful Death Claim?

Michigan law permits the deceased’s family to recover compensation in a wrongful death action. However, the law limits family members who may collect these damages. Eligible family members include:

• Surviving spouse and children.
• Surviving parents, siblings, and grandparents.
• Surviving children of the deceased’s spouse.
• Anyone to whom the deceased left property in their will.

If none of the immediate family members survive, compensation may be available to any person who could inherit from the victim’s estate. Damages are distributed in a specific order, starting with estate liabilities and then damages and compensation.

How Long Do You Have To File a Michigan Wrongful Death Case After a Fatal Car Accident?

Michigan maintains a statute of limitations on an estate’s time to bring a wrongful death lawsuit. Generally, the estate has three years from the deceased’s death to commence the claim. However, the facts of your case may fall under an exception that lengthens the amount of time you have to file a claim–or they may shorten the window of time available to you. The court may refuse to hear a case not filed within the statute of limitations.

Contact an Experienced Detroit Fatal Car Accident Lawyer for Immediate Assistance

If you recently lost a loved one in a tragic accident, contact the Detroit fatal car accident lawyers at the law firm of Sommers Schwartz, P.C. Our nationally recognized lawyers excel in all areas of personal injury law. We have centuries of experience handling some of the most complex, challenging, and emotionally difficult cases as a team. With our help, you can rest assured that you, your family, and your case are all in good hands. To learn more and to schedule a free consultation, call 800-783-0989 today.