Disclaimer: This article is for educational purposes and does not constitute legal advice. For personalized guidance, consult a qualified attorney.
When a collision happens at a traffic signal or exit ramp in Michigan, gathering the right evidence is crucial to prove the other driver’s negligence. Below we outline the types of proof you need under Michigan law.
Detailed Answer
To succeed in a negligence claim in Michigan, you must establish four elements: duty, breach, causation, and damages. Every driver owes a duty to operate their vehicle safely and in compliance with Michigan traffic laws.
- Statutory Duty to Yield: Under MCL 257.649, drivers must yield the right-of-way at intersections controlled by stop or yield signs.
- Obedience to Traffic Signals: Per MCL 257.655, motorists must comply with standard traffic-control signal devices.
Gathering Evidence of Breach and Causation
You need proof that the other driver violated a duty and that this breach caused your collision. Common evidence includes:
- Police crash report with fault indicators and scene diagram.
- Traffic camera or surveillance footage showing signal status and vehicle movements.
- Photographs of the accident scene, skid marks, vehicle damage, signal lights, and road conditions.
- Eyewitness statements describing the sequence of events.
- Analysis by a reconstruction professional of speeds, trajectories, and impact points.
- Data downloads from vehicle event data recorders (EDRs) documenting speed and braking.
Proving Damages
Document your losses to establish damages:
- Medical records and bills for injury treatment.
- Repair estimates or invoices for vehicle damage.
- Records of lost income or diminished earning capacity.
By combining statutory citations, physical evidence, witness accounts, and professional analysis, you create a strong foundation to prove another motorist’s negligence in Michigan.
Helpful Hints
- Obtain the police report promptly and review it for accuracy.
- Preserve all photos and videos of the scene and your injuries.
- Interview and collect contact information from witnesses immediately.
- Consider hiring an accident reconstruction professional early.
- Keep copies of medical and repair records organized.
- Act quickly; Michigan’s statute of limitations for negligence claims is three years under MCL 600.5805.