Jocuns Law Firm

Can I get compensation after a crash caused by an uninsured driver?

2025-11-21T20:06:09Z

Being in a car crash is already shocking and confusing. When you find out the at-fault driver has little or no insurance, your worry increases exponentially. Because Michigan is a no-fault state, your personal injury protection (PIP) covers certain immediate expenses, up to the medical and wage loss limits selected in your policy. When an uninsured or underinsured driver causes a crash, significant challenges often arise in obtaining adequate compensation for all damages, including pain and suffering. However, part of the solution may be your own insurance policy.

Immediate steps at the scene

Safety comes first, so seek medical attention immediately, even if your injuries seem minor. Call 911 if anyone is injured. Next, report the accident to law enforcement. A police report is essential for documenting the other driver's uninsured status. Other vital steps include:

Taking extensive photos of the scene, vehicle damage and visible injuries
Gathering the other driver’s name, address and license plate
Getting contact information for any witnesses

Always notify your own insurance company right away, but only provide basic details. Don’t admit any fault or say you “feel OK,” as some injuries don’t show up for hours or days after a crash.

Initial compensation after an accident

In Michigan, your PIP coverage pays for your medical bills up to your chosen limit. It also pays 85% of lost wages for up to three years, subject to a state-determined monthly limit (currently $7,201 per month for the period of October 1, 2025, through September 30, 2026, or the current statutory cap), regardless of who was at fault. Uninsured/underinsured motorist (UM/UIM) coverage is optional in Michigan, but provides vital protection. UM/UIM is a primary way to recover money for economic (medical bills and lost wages) and noneconomic (pain and suffering) damages. This involves a contractual claim against your insurance company, which may require arbitration or a lawsuit if they dispute your claim. To recover noneconomic damages, you must also generally meet the 'serious impairment of body function' threshold. When you pursue UM/UIM benefits, you are essentially filing a claim against your own insurance company, which can be complicated, and another reason not to overshare when reporting the accident. All insurance companies typically look for any reason to deny or reduce payouts.

How comparative negligence works

In Michigan, the modified comparative negligence rule holds that if you are found more than 50% at fault for the crash, you cannot recover any damages (both noneconomic and excess economic damages) in a third-party lawsuit against the at-fault driver. Your PIP benefits (up to your policy limits) are paid by your insurer regardless of your fault percentage. The best way to move forward is to keep a complete file of all medical bills, expense receipts and any communication with insurers. However, a successful UM/UIM claim often hinges on having skilled legal representation to gather evidence, negotiate with insurers and fight for fair compensation.

5 common types of car accidents in Michigan

2025-08-28T12:35:55Z

Car accidents can cause serious injuries and trauma to victims, no matter the level or type of impact. If someone else’s negligence caused your crash, you have the right to file a case and seek compensation for your damages.

Understanding the different forms of vehicle accidents can help you be more familiar with the injury risks and causes while informing you of preventive methods.

Single-car accident

When only one car is on the scene, consider it a single-vehicle accident. This often involves crashing into a fixed object, which could be caused by the following circumstances:

Distracted driving
Sudden animal crossing
Defective parts that caused the crash
Obstructed driveways

This accident has a varying severity, depending on your driving speed and impact. Experiencing a whiplash due to significant force is possible, which often leads to head and neck injuries.

Head-on collision

A head-on collision is one of the most dangerous car accidents. This occurs when the front ends of two cars traveling from opposite directions collide. Because of the strong force from the vehicles, you can suffer from serious injuries or fatalities.

Rear-end collision

Reduced driver attention and abrupt stops can cause rear-end collisions. Depending on your car’s impact intensity, you may suffer from concussions or fatal injuries. This type of accident often creates a domino effect on the road, which could hurt multiple people.

Sideswipe crash

A sideswipe crash occurs when the sides of two vehicles in the same or opposite lane make contact. Blind spots, sudden lane changes and unsafe merging are the main causes of this type of accident. It can leave you with no injuries but great damage to your vehicle.

Side impact or T-bone crash

Side impact car accidents form a T-bone shape when the front of one vehicle slams into the side of another. These often happen in intersections and can lead to severe injuries.

Immediate actions to take in the event of an accident

During a crash, your life and rights to seek compensation for any injuries and damages sustained matter. Here are some steps to consider after an accident:

Inspect yourself for injuries: Look out for any pain points in your body after the impact. Vacate the vehicle and move to a safe area near the collision. Dial 911 for medical emergencies, if needed.
Contact the police: Report the incident to the nearest police station.
Record the incident: Take photos and videos of your vehicle. Ensure to cover all spots and angles to help the insurance company assess damages.
Exchange information: Obtain the names, addresses, contact details, license plate numbers and driver’s licenses of the people involved, if any.
Seek legal counsel: Speak with a personal injury attorney to gain a full assessment of the situation and the options you can take.

The aftermath of a car accident can be overwhelming, but it’s important to remain calm and collected to prevent panic from settling in your body. Your reaction to the matter at hand can affect how your case will unfold in the future.

Can you face drunk driving charges without actually driving?

2025-05-26T19:55:21Z

We've all heard the warnings not to drive drunk. Some people, trying to do the right thing, choose to sleep off their intoxication in their car. What many don't realize is that under Michigan's Operating While Intoxicated (OWI) laws, you can face serious charges even when your vehicle isn't moving. This surprising reality catches many responsible citizens off guard.

Michigan OWI laws and vehicle control

Michigan's OWI laws don't require actual driving. The law focuses on "operating" or having "physical control" of a vehicle while intoxicated. Courts consider factors like:

Position in the vehicle
Key placement
Whether the engine runs

Based on the factors above, this means you can still face OWI charges in Michigan if without driving intoxicated and do any the following:

Sleep in the driver's seat
Have the keys in the ignition
Have the car engine running

Even sitting in the driver's seat with keys nearby can constitute possible "operational control" in the eyes of Michigan law. This can lead to the same penalties as the ones for actively driving while still drunk.

How to safely sleep off intoxication in your vehicle

If you must wait in your car until you are sober, take precautions. First, sleep in the back seat, not behind the wheel or even on the passenger side. Create distance between yourself and the steering wheel. Second, avoid keeping keys in your pocket. It's safer never to leave your car keys within arms' reach. Additionally, avoid running the engine if possible and avoid pulling over by the side of the road. The best option remains to call a ride service, friend or family member for a safe ride home.

Protecting your rights and road safety

The law aims to prevent dangerous situations before they occur, but sometimes catches people with good intentions. If charged with OWI despite not driving, it helps to consult a criminal defense attorney as soon as possible. An experienced Michigan defense lawyer can examine the specific circumstances of your case and develop appropriate defense strategies to challenge or fight the charges.

How can a first-time OWI offense impact your driving privileges?

2025-02-27T21:20:13Z

A first-time OWI (Operating While Intoxicated) offense carries serious consequences, especially for your driving privileges. Losing your license, even temporarily, can create challenges in your daily life. Understanding how Michigan law handles OWI cases can help you prepare for what comes next.

License suspension and restrictions

Michigan imposes strict penalties for a first-time OWI offense. If convicted, you face a mandatory 30-day license suspension, followed by a 150-day restriction. A restricted license allows you to drive only for specific purposes, such as work, school, or medical appointments. However, driving freely during this period is not an option.

Ignition interlock device requirements

In some cases, you may be eligible for a restricted license sooner by installing an ignition interlock device (IID). This device prevents your vehicle from starting unless you provide a clean breath sample. Michigan's High BAC law, also known as the "Super Drunk" law, requires an IID for drivers with a BAC of 0.17% or higher. The installation and maintenance costs of an IID are your responsibility.

Points on your driving record and insurance increases

A first-time OWI conviction adds six points to your Michigan driving record. Accumulating points can lead to higher insurance rates and additional penalties if you commit further traffic offenses. Many insurance companies consider an OWI a high-risk violation, which can result in significantly increased premiums or policy cancellation.

Reinstating your driving privileges

After completing the suspension period, you must pay a reinstatement fee to restore your full driving privileges. In some cases, you may need to complete a substance abuse assessment or other court-ordered requirements. Failing to meet these conditions can delay the reinstatement process.

Avoiding further complications

An OWI conviction has lasting effects on your driving privileges and overall record. Taking steps to comply with court orders and Michigan’s licensing requirements can help you regain control of your ability to drive legally.

Do ‘stand your ground’ laws impact self-defense claims?

2024-12-02T22:24:58Z

'Stand your ground' laws allow individuals to use force, including deadly force, to protect themselves without the duty to retreat if they face a threat. These laws have become a topic of significant debate across the country. They influence how courts view self-defense claims and impact outcomes in criminal cases involving use of force.

How 'stand your ground' laws work

'Stand your ground' laws permit people to defend themselves when they believe they are in danger. Unlike traditional self-defense rules that require a person to retreat if possible, these laws give people the right to use force wherever they have a legal right to be. This means that in a confrontation, individuals can stand their ground and respond with force, even if they could safely retreat.

Impact on self-defense claims

The presence of 'stand your ground' laws changes how self-defense claims play out in criminal cases. Defendants often claim they acted in fear for their lives and used force to protect themselves. These laws can make it easier for a defendant to avoid criminal liability if they show that they reasonably believed they faced an imminent threat. Courts, in many cases, must give weight to the defendant's perception of danger, which can be subjective.

Concerns and controversies

Critics argue that 'stand your ground' laws encourage unnecessary violence and escalate conflicts that might have ended without harm. Some studies suggest these laws lead to an increase in homicide rates. There are also concerns about racial bias, as data shows these laws are more likely to favor some racial groups over others in self-defense claims. Supporters, however, argue that individuals have the right to defend themselves without needing to flee and that these laws ensure the right to personal protection. The debate over 'stand your ground' laws continues, as states evaluate their effectiveness and fairness. The discussion involves balancing the right to self-defense with the need to prevent violence and ensure justice for all citizens.

Is it worth suing for a slip and fall at the grocery store?

2024-06-03T20:22:04Z

Slip and fall accidents at grocery stores can happen to anyone. These accidents can cause serious injuries, leading to medical bills, lost wages and pain and suffering. Suing the grocery store may seem like a daunting task, but it can be worth it under certain circumstances.

Understanding the consequences of a slip and fall

A slip and fall can result in various injuries, from minor bruises to severe fractures or head trauma. The impact of these injuries can extend beyond physical pain, affecting one's ability to work and perform daily activities. Medical expenses can pile up quickly, and if the injury prevents someone from working, lost income can add financial stress.

Determining liability

To decide if suing is worth it, it is important to determine if the grocery store is liable for the accident. There are certain preventative measures grocery stores should follow to keep guests safe from the risk of a slip and fall. If an employee neglected to clean up a spill or there was no warning sign for a wet floor, the store might be responsible. The key is to prove that the store's negligence directly caused the slip and fall.

Assessing the strength of the case

A strong case requires clear evidence. Witness statements, security camera footage, and photographs of the accident scene can support claims of negligence. Medical records that detail the extent of the injuries also play a vital role. Without solid evidence, it can be difficult to prove the grocery store's fault.

Considering the compensation

Compensation from a lawsuit can cover medical bills, lost wages, and sometimes additional damages for pain and suffering. This financial support can ease the burden of recovery. However, the amount of compensation depends on the severity of the injury and the circumstances of the accident. Suing for a slip and fall at a grocery store can be worth it, especially if the injuries are severe and there is clear evidence of the store's negligence. Careful consideration of the factors involved can help in making an informed decision.

What is the Michigan Abuse and Neglect Central Registry?

2024-03-11T22:26:23Z

In Michigan, the Abuse and Neglect Central Registry is a tool for safeguarding children from mistreatment and neglect. This registry, operated by the Michigan Department of Health and Human Services, is a database that compiles information on individuals whom the law sees as guilty of child abuse or neglect. The purpose of the Central Registry is to prevent those with a history of harming children from obtaining employment or volunteering in positions where they would have access to vulnerable populations. If you are facing child abuse charges, you might understandably wonder if you will end up on the registry and whether you can get off the registry by clearing your name.

Who gets added to the registry?

Authorities add individuals to the Michigan Abuse and Neglect Central Registry when there is credible evidence that they have committed acts of child abuse or neglect. Child protective services and law enforcement agencies regularly investigate for such evidence. Substantiated acts of child abuse or endangerment are grounds for adding accused or convicted individuals to the registry.

Can you get off the registry?

Being listed on the Central Registry can have serious implications for your employment prospects. It may also affect your reputation with friends and the community at large. However, it is possible to request removal from the registry under certain circumstances. In order to be eligible for removal, you must demonstrate that the substantiation or conviction leading to your inclusion on the registry was in error. You might also assert that your inclusion on the registry is no longer relevant if you completed the necessary rehabilitation programs. It is important to note that removal from the registry is not guaranteed, and the process can be complex and time-consuming. The Central Registry can be an imposing entity if you are facing charges of child abuse and neglect. However, you have rights and options regarding inclusion on the registry and you can take meaningful steps toward clearing your name.

What happens when you win an appeal for a criminal conviction?

2023-12-19T02:13:29Z

When a person wins an appeal for a criminal conviction, it marks a significant turning point in their legal journey. The process is intricate, but the result can have a profound impact on their life and future.

Reversal of verdict

In 2022, the Michigan Court of Appeals affirmed 67%, reversed 22%, granted partial relief to 10% and dismissed 1% of its criminal cases. The best outcome of a successful appeal is the reversal of the original verdict. This means that the higher court has carefully reviewed the case and found errors or legal issues that warrant a different decision. The court rules that the individuals are innocent of the charges brought against them.

Release from custody

Upon winning an appeal, the appeals court releases individuals serving a sentence from custody. This release is an important moment, as it signifies that the legal system has acknowledged the need for a reevaluation of the case. However, winning an appeal does not always lead to immediate release. There may be additional legal processes or conditions attached.

New trial

Winning an appeal may not result in a complete exoneration. Instead, the higher court may order a new trial. The legal proceedings will start over, allowing individuals another opportunity to present their case. The new trial may involve different evidence, witnesses or legal arguments.

Impact on record

When individuals win appeals that clear them of the original charges, their convictions may still appear on their criminal record. These individuals need to take additional steps to address this issue, such as seeking an expungement or other legal remedies to ensure a fair and just representation of their current legal status. The process of winning an appeal can be emotionally taxing and the individual may need support to navigate the aftermath.

What are some common crush injuries after a truck crash?

2023-09-20T16:32:15Z

Truck accidents can result in a range of severe injuries, with crush injuries being among the most common. When caught between a substantial truck and another solid place, a body may suffer from injuries due to the pressure of this squeeze. Understanding the various types of crush injuries that can occur in such accidents is important for promoting safety and awareness.

Bone fractures

One of the most frequent outcomes of a truck crash is bone fractures. The immense force of the impact can lead to broken bones, such as limbs, ribs or facial bones. These fractures often require surgical intervention to align and stabilize the bones properly.

Internal organ damage

4,998 trucks and buses took part in a deadly accident in some way in 2020. During these collisions, organs like the lungs, liver and spleen can suffer damage due to the force of the crash. These injuries may not always be immediately apparent but can have life-threatening consequences if left untreated.

Nerve damage

Crush injuries can also result in nerve damage. Nerves can become compressed or severed, leading to a loss of sensation or function in the affected body parts. Nerve damage can have long-term implications for someone's quality of life.

Compartment syndrome

Another complication of crush injuries is compartment syndrome. This condition arises when swelling occurs within muscle compartments, leading to increased pressure. Immediate medical attention is necessary to relieve this pressure and prevent tissue damage.

Head and brain injuries

Truck accidents can cause severe head and brain injuries due to the impact, even when there is no direct crush injury to the head. These injuries may range from concussions to traumatic brain injuries, with symptoms varying in severity.

Spinal cord injuries

The spine is vulnerable in truck crashes, and drivers or passengers may sustain spinal cord injuries. These injuries can result in paralysis or long-term physical impairments, significantly affecting a person's life.

Crush syndrome

In some cases, victims of crush injuries may develop a condition known as crush syndrome. This occurs when toxins release into the bloodstream as a result of damaged muscles. It can lead to kidney failure and other complications if not treated promptly. Many people may not realize the depth and severity of crush injuries. Promoting safe driving practices and adhering to traffic rules can help reduce the risk of such accidents and their associated injuries.

Understanding felony OWI in Michigan

2023-06-15T22:20:32Z

Driving under the influence is a serious offense and has severe implications in every state, including Michigan. In Michigan, Operating While Intoxicated charges fall under either misdemeanor or felony categories. The categorization depends on several factors, including the number of past convictions and the severity of the situation. When someone discusses a felony OWI, they refer to a more serious form of the charge, carrying more severe penalties than a misdemeanor OWI.

A felony OWI differs from a misdemeanor OWI

In Michigan, a first or second OWI offense within a seven-year period is typically a misdemeanor. However, if a driver commits a third OWI offense within their lifetime, it is a felony. If any OWI offense causes serious injury or death, it also counts as a felony OWI.

Penalties for a felony OWI

The penalties for a felony OWI in Michigan are severe. Convicted individuals can expect imprisonment for one to five years or probation with a jail term of 30 days to one year. Additionally, they may face fines between $500 and $5,000, community service for 60 to 180 days and vehicle immobilization for one to three years. In some cases, the state may even seize and sell the defendant's vehicle.

Impact of a felony OWI on driving privileges

A felony OWI conviction also significantly impacts driving privileges. Offenders face a minimum one-year driver's license revocation and confiscation of their license plate. Following the revocation period, offenders must apply for a new license and might need to install an ignition interlock device.

Felony OWI and criminal records

A felony OWI conviction leaves a permanent mark on a person's criminal record, affecting their employment prospects and quality of life. Employers, landlords and financial institutions often conduct background checks, and a felony conviction can result in adverse decisions. Understanding the gravity of a felony OWI in Michigan and its potential impact on one's life can help underscore the importance of not driving when intoxicated.