Michigan Fatal Car Accident Law: What You Need To Know

Alcohol and excessive speed are leading causes of Michigan fatal car accidents. More than one third of all deadly automobile crashes occur at intersections. Families who have lost a loved one need to speak to an experienced attorney to protect their rights to No-Fault benefits, survivors loss, and wrongful death damages.

In Michigan in 2023, less than 1% of all car accidents were fatal, according to Michigan Traffic Crash Facts, 2023 Quick Facts.. There was a total of 287,953 crashes in Michigan – 1,021 of them were fatal.

In 2023, there was 1,021 fatal car accidents in Michigan, resulting in the deaths of 1,095 people, according to Michigan Traffic Crash Facts, 2023 Quick Facts.

In 2022, there were 1,053 fatal crashes in Michigan, resulting in the deaths of 1,123 people, according to Michigan Traffic Crash Facts, 2022 Quick Facts.

In 2021, there were 1,068 fatal crashes in Michigan, resulting in the deaths of 1,131 people, according to Michigan Traffic Crash Facts, 2021 Quick Facts.

The two leading causes of deadly automobile crashes involve alcohol and excessive speed. Other contributing factors include: (1) the age of the driver (statistically, younger drivers are the most dangerous and most likely to die in an automobile crash, elderly drivers are the second most dangerous); (2) distracted driving, including texting; (3) what the driver was doing immediately prior to the car crash (for example, a left turn is more dangerous than a right turn); and (4) the month, day of the week and the time of day when a person is driving (for example, there is a significant increase in car accidents on Saturdays and Mondays and after clocks are changed with Daylight Savings).

Here are the Michigan fatal car accident statistics for 2023:

• Alcohol – Twenty-six percent (26.6%) of all deadly automobile crashes were “alcohol-involved.” (272 of 1,021) (Michigan Traffic Crash Facts, Statewide 2022-2023 Summary Trends: 1 Year Trends)
• Excessive speed – Nineteen percent (19.2%) of all fatalities from deadly automobile crashes resulted from car crashes in which excessive speed was a factor. (210 of 1,095) (Michigan Traffic Crash Facts, Fact Sheets, 2023, “Speeding”)
• Age – Twenty-six percent (26%) of the fatal crashes in Michigan in 2023 involved drivers under the age of 25. (266 of 1,021) (Michigan Traffic Crash Facts, Data Query Tool)
• Distracted Driving – Five percent (5%) of the fatal crashes in Michigan in 2023 involved “a distracted driver of a motor vehicle.” (56 of 1,021)(Michigan Traffic Crash Facts, Fact Sheets, 2023, “Driver Distraction”)
• Cell phone use – One percent (1%) of the fatal crashes that occurred in Michigan in 2023 involved “a motor vehicle driver using a cell phone.” (11 of 1,021) (Michigan Traffic Crash Facts, Fact Sheets, 2023, “Cell Phone Use”)
• Hazardous actions – Common hazardous actions by drivers in deadly motor vehicle crashes included driving too fast, failing to yield, reckless driving, and careless and negligent driving. (Michigan Traffic Crash Facts, Statewide, 2023, Vehicle/Driver, “Driver Hazardous Action”)

In 2023, 28.8% of all fatal crashes in Michigan occurred at intersections, according to Michigan Traffic Crash Facts, 2023 Quick Facts. Fifty-six percent (56.2%) of all deadly automobile crashes in the state occurred on county and city roads. (574 out of 1,021) (Michigan Traffic Crash Facts, Statewide, 2023, Crash, “Highway Class”)

In 2023 in Michigan, there were 272 alcohol-involved fatal crashes. That means that 26.6% of all of deadly auto accidents in the state that year were “alcohol-involved.” (272 of 1,021) (Michigan Traffic Crash Facts, Statewide 2022-2023 Summary Trends: 1 Year Trends)

The crashes involving alcohol in Michigan in 2023 resulted in 297 people losing their lives. (Michigan Traffic Crash Facts, Fact Sheets, 2023, “Alcohol”)

August was the month with the most “had-been-drinking fatal crashes” and “alcohol-involved fatalities.” (Michigan Traffic Crash Facts, Statewide, 2023, Alcohol/Drugs, “Alcohol Involvement in Fatal Crashes”)

Sunday was the day of the week in Michigan in 2023 with the highest number of “had-been-drinking” deadly crashes. (Michigan Traffic Crash Facts, Statewide, 2023, Alcohol/Drugs, “Alcohol Involvement in Fatal Crashes”)

In Michigan, the first thing that should happen after a fatal car accident is the family and dependents of the loved one who was killed should consult with an experienced wrongful death lawyer. Many important No-Fault benefits are available to the family of the deceased, such as survivor’s loss benefits. Unfortunately, many claims adjusters either are not upfront with all the insurance benefits that the family is entitled to under the No-Fault law, or the calculations are wrong, or the survivor’s loss benefits do not include everything a family is allowed, such as funeral and burial expenses, replacement services, social security benefits, disability benefits, and pension compensation.

Grieving family members must be very careful when directly contacted by an insurance company after a deadly vehicle crash. In states like Michigan that do not have bad faith laws, these family members can be easily taken advantage of by misrepresentations made by an insurance company for an at-fault negligent driver. One common example is when a representative or claims adjuster either deliberately or negligently fails to disclose additional policy limits or assets of the negligent driver that would have been applicable to a settlement. Also a claims adjuster or representative for an at-fault driver has no duty to warn family members of the deceased that by accepting a settlement offer they will be violating contractual policy language and voiding the family’s right to collect underinsured motorist coverage. Finally, data from the insurance industry itself shows that families that are contacted directly by an insurance company to settle a claim on average settle the claim for 3 to 4 times less than what an experienced attorney with a proven track record of success can settle for.

After a losing a loved one in a Michigan fatal car accident, you – as a family member and/or dependent – can pursue the following types of insurance claims after a deadly crash: (1) No-Fault survivor’s loss benefits; (2) wrongful death against the at-fault driver; (3) uninsured or underinsured motorist coverage.

The dependents of a person who was killed in an automobile crash can seek No-Fault benefits after a deadly collision. They are called “survivors loss benefits” and they provide dependents with the financial support their loved one would have provided had he or she not lost his or her life in the car crash.

The family of a person who was killed in an automobile crash can sue the at-fault driver under the Wrongful Death Act. A wrongful death lawsuit must be brought by the personal representative of the deceased person’s estate. Damages can be sought for pain and suffering, loss of financial support and loss of society and companionship.

The dependents of a loved one who is killed in a automobile crash must file an application for No-Fault benefits – also known as a written notice of injury – within one year of the crash that resulted in death. The wrongful death statute of limitations is the general 3-year period for all personal injury claims.

There are many factors that influence how much money a deadly motor vehicle crash settlement will be. Your choice of an attorney is one of the most important. Insurance companies use claims software to evaluate exposure and risk for car accidents, and having an experienced lawyer with an established history of successful settlements and trial verdicts can increase a car accident settlement by 3 to 4 times more.

If you lost a loved one in a fatal car accident, call Michigan Auto Law now (800) 968-1001 for a free consultation with an experienced wrongful death attorney. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in auto accidents.

Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms.  This allows us to focus more time and attention on our cases.

Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 2,500 5-Star reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck accident and car accident settlement in the state.

Call now so we can start making a real difference for you.