Michigan law bans holding, texting, or scrolling on a device while driving. This rule applies even if you’re sitting at a red light. Police can stop Michigan drivers just for texting—they don’t need another reason. If a driver breaks this law and causes a car accident as a result, that behavior could serve as proof of fault.
Understanding Michigan’s No-Fault Insurance System
Michigan’s no-fault system means your own insurance pays for medical bills, wage losses, and replacement services after a crash, no matter who caused it. This type of coverage is called personal injury protection, or PIP. This coverage is your first resource after an accident, regardless of who caused it. You cannot immediately sue the other driver just because they made a mistake.
The no-fault system handles most accidents this way to make the recovery process faster. However, if your medical needs exceed your PIP policy, or your injuries are serious and meet certain legal standards, you could have grounds to take legal action against the other driver and demand additional compensation.
When You Can Sue a Texting Driver for Additional Damages
You could file a lawsuit against the other driver if your injuries are serious enough under Michigan law. The law allows you to sue the at-fault driver if a crash causes a serious impairment of body function, permanent serious disfigurement, or death.
If the evidence suggests that the driver who hit you was texting and caused the crash, you will likely have a strong case. However, you will still need to show that your injuries meet the legal standard. If they do, you can file a lawsuit to seek compensation that your own no-fault policy doesn’t cover.
Recoverable Compensation in a Michigan Texting-and-Driving Accident
If you have serious injuries, you might qualify for compensation beyond what your PIP insurance covers. This could include money for pain, emotional suffering, or changes to your daily life. You could also ask for money to cover future care or support if you can’t go back to work and these costs exceed those covered by your policy.
Michigan law allows these types of claims only when the injury is serious. Your PIP benefits should cover your medical bills, a portion of income losses, and certain other expenses, but they don’t cover everything. That’s why some people file lawsuits after Michigan car accidents that result in serious injuries.
How Texting Behind the Wheel Can Impact Fault in a Crash
Texting while driving is a strong sign of carelessness. If a driver causes a crash because they were looking down at their phone instead of paying attention to the road, a court would likely consider that driver negligent. Proving this kind of behavior can help your case if you try to sue the other driver. In court, you must show the other driver acted in a way that most reasonably careful drivers would not.
Crash reports, eyewitness accounts, and phone records can all help you show that the other driver was not paying attention. If you prove this, and your injuries meet the legal standard, you could recover additional compensation.
What If the Texting Driver Was Uninsured or Underinsured?
If the driver who hit you was texting and didn’t have enough insurance—or had none at all—you might still have options to recover the additional compensation you need. Michigan drivers can buy uninsured and underinsured motorist coverage, which helps pay for your injuries if the other driver can’t.
If you have this kind of coverage, your own insurer should step in to replace the other driver’s missing insurance. A lawyer can help you review your coverage and explain how to protect your rights in this situation.
Contact a Michigan Distracted Driving Accident Lawyer
If a texting driver caused a crash that injured you, don’t wait to find out what your case could be worth. Contact Atnip & Associates, PLLC, today to learn more about your rights and your next steps. We offer free initial consultations, and you won’t pay anything unless we recover money for you.
