On July 19, one man was killed in a Michigan car accident involving a semi-truck and a law enforcement vehicle. According to a local news report covering the tragic accident, the fatal crash occurred in Dewitt, at the intersection of Old US-27 and Cutler Road. The crash occurred around 8:30 in the evening.
Evidently, a state trooper was pulling onto Old US-27 when the trooper’s vehicle clipped the side of a passing semi-truck. The trooper’s car spun out of control, crashing into an oncoming motorist’s vehicle head-on. The motorist’s vehicle ended up in a ditch along the road’s edge, while the trooper’s car remained on the road. The driver of the oncoming vehicle was pronounced dead at the scene, and the trooper was hospitalized with serious but non-life threatening injuries. The trooper is expected to recover. Evidently, the trooper was responding to a call reporting retail fraud. The accident is currently under investigation.
Establishing Liability in Michigan Car Accidents
One of the most critical decisions in a Michigan personal injury case is determining which parties to name as defendants. On the one hand, an injury victim may not want to waste the time and expense of pursuing a claim against a party that will ultimately not likely be found liable for their injuries. However, it is critical to thoroughly examine all potentially responsible parties because a plaintiff typically only gets one opportunity to pursue their claim. As a result, if a plaintiff fails to name potentially at-fault parties in her case, she may forego her ability to recover from these parties.
Another important consideration when deciding which parties to name is whether any of the potentially liable defendants are immune from liability or require the plaintiff follow special procedural rules. Under Michigan’s Government Tort Liability Act, government entities (and the employees who work for them) are generally immune from liability when they are “engaged in the exercise or discharge of a governmental function.” However, the Michigan Legislature has determined that the government is not immune from certain claims, including claims involving:
- The maintenance of public highways;
- Medical care that is provided to patients;
- Defects in public buildings; and
- The performance of proprietary government functions (one in which the government makes money other than through taxes or fees).
Even when a government entity is not immune, the Government Tort Liability Act requires the plaintiff to follow specific procedural requirements for claims filed in the Michigan Court of Claims.
Consult with an Experienced Michigan Injury Lawyer
If you have recently been injured in a Michigan personal injury accident involving a government entity or employee, contact the Neumann Law Group for assistance. At the Neumann Law Group, we have extensive experience representing injury victims and their families in a wide range of personal injury cases, including Michigan car accident claims, slip-and-fall incidents, and wrongful death lawsuits. To learn more, and to speak with an attorney about your claim, call 800-525-6386 to schedule a free consultation today. Calling is free, and we will not bill you for the services we provide unless our attorney can help you recover financial compensation.