Michigan’s no-fault system makes pursuing some compensation for medical expenses and lost wages easier after a car accident. However, if you’ve sustained severe injuries that exceed the threshold defined by law, you may file a personal injury lawsuit to seek further compensation.
For the best chances of bringing a successful car accident lawsuit, your attorney must show evidence that proves that the defendant (the driver you are suing) was liable for causing your injuries. Following is additional information about the different types of evidence they may use.
What Must You Prove in a Car Accident Lawsuit?
To prove liability in a car accident lawsuit based on the negligence of the other driver, you must satisfy four key elements, or facts:
- The driver had a duty to operate their vehicle lawfully and safely.
- The driver violated that duty through their actions.
- The driver’s breach of duty directly caused your accident.
- You sustained injuries and losses as a result of the accident.
To be in the best possible position, your lawyer must prove all four of these elements.
Michigan is also a modified comparative fault state. Under MCL 600.2957, if the court deems you partially at fault for the accident, it can reduce the portion of compensation to which you are entitled. If a jury determines you are over 50% at fault for the accident, you cannot recover compensation for pain and suffering or other intangible losses.
Critical Types of Evidence in Car Accident Lawsuits
These common types of evidence can help you prove liability in a car accident lawsuit:
- Witness statements and testimony – Passengers and bystanders can corroborate your account of what happened in the accident. However, your lawyer must act quickly to gather eyewitness information since memories can fade over time.
- Photos and videos – Photos of the accident scene, car and property damage, road conditions, and visible injuries can strengthen your case. Your lawyer may also try to obtain video footage of what happened from dashcams, doorbell cameras, nearby businesses, traffic cameras, or bystanders.
- Expert testimony – Testimony from medical experts can help to establish a causal link between the accident and your injuries. Your lawyer may also call on accident reconstruction experts to analyze vehicle damage, skidding, and debris patterns, which can offer clues as to what happened leading up to the accident.
- Driver statements – If the at-fault driver admits their responsibility at the accident scene, your lawyer can use their words as evidence for your case.
Are Police Reports Admissible Evidence in Car Accident Lawsuits?
A police report serves as official documentation for a car accident. It includes the crash’s date, time, and location, who was involved, statements from witnesses, citations issued, and the responding officer’s assessment of who may be liable.
You’ll probably need a copy of the police report to file a personal injury protection (PIP) claim with your liability insurer. However, courts usually consider these documents hearsay, which makes them inadmissible as evidence in a lawsuit. There are some exceptions, such as when an officer who testifies in a case is shown a police report to refresh their recollection of events surrounding the accident. Your lawyer can explain any exceptions as necessary.
Contact a Metro Detroit Car Accident Attorney
If you’ve been injured in a car accident in Detroit or anywhere throughout Michigan, the attorneys of Atnip & Associates, PLLC, can explain your options. Our team members have over 85 years of combined legal experience and work together to handle your claim with care. Many of them have previously served as insurance defense lawyers, giving them a unique perspective on how the other side thinks. Contact our office today for a free initial consultation.
