You know what you saw. The other driver was looking down, drifting, completely disconnected from the road ahead, and then they hit you. Now you have injuries, medical bills, and an insurance company asking questions before you have had time to think.
The driver who caused this will almost certainly deny it. Our job is to prove what you already know happened.
Our distracted driving accident lawyers serve Hazel Park residents and families throughout Oakland County and the broader Detroit Metro area. Kajy Law handles only accident cases.
Our 10 attorneys and 35+ legal professionals have recovered over $100 million for Michigan accident victims, and we work on contingency, meaning no fee unless we recover for you. Call us at 248-702-6641 or contact us online for a free case review.
Can You Sue a Distracted Driver After an Accident in Hazel Park?
Yes. If a distracted driver caused your accident and your injuries meet Michigan's serious injury threshold, you may pursue a third-party liability claim against them for pain and suffering, in addition to no-fault PIP benefits through your own insurer.
Michigan is a no-fault state under MCL 500.3101, which means your personal injury protection coverage pays your medical bills and a portion of lost wages through your own insurer first, regardless of who caused the crash.
To pursue pain and suffering beyond no-fault, you must demonstrate a serious impairment of a bodily function, permanent serious disfigurement, or death under MCL 500.3135. If your injuries meet that threshold, a third-party claim against the distracted driver becomes available on top of your no-fault benefits.
Our team evaluates both paths from the very first case review.
Call us for a free case review.
Past Case Results
How Do You Prove a Driver Was Distracted in a Hazel Park Accident?
Proving distracted driving requires evidence the at-fault driver will not voluntarily provide. In Hazel Park, where high-traffic corridors like Nine Mile Road and the I-75 and I-696 interchange bring significant vehicle volume, there are often more evidence sources available than victims realize, but that evidence disappears fast.
Here is how our team builds a distracted driving case:
Cell phone records. A subpoena can obtain call logs, text timestamps, and data usage records from the at-fault driver's carrier. If their phone was in active use at the moment of the crash, that record exists and is obtainable. We pursue it as a standard first step in every distracted driving case.
Michigan's Hands-Free Law. Michigan enacted a hands-free driving law effective June 30, 2023, under MCL 257.602b. Drivers are prohibited from holding or manually using a phone while driving. A violation of this law at the time of the crash is direct evidence of negligence and significantly strengthens a civil claim.
Traffic and surveillance cameras. Nine Mile Road and the commercial areas around the I-75 corridor in Hazel Park have both traffic infrastructure and business cameras. The I-75 and I-696 interchange, identified as one of Hazel Park's highest-accident zones, also has state-managed camera systems.
Footage capturing a driver's position or phone use before impact can be decisive, but it is overwritten quickly. We move immediately to preserve it.
Vehicle black box data. Modern vehicles record speed, braking, and steering inputs in the seconds before a crash. A driver who made no attempt to brake before impact is consistent with not watching the road. Combined with cell data, that record builds a compelling case.
Witness accounts. Other drivers, pedestrians, and passengers who observed the crash often notice distracted behavior before impact. We identify and reach witnesses before their recollections fade.
The crash pattern itself. Rear-end collisions, lane-departure crashes, and intersection impacts without braking marks are all physically consistent with distraction. We work with reconstruction professionals when the evidence supports that argument.
Reach out before critical evidence is overwritten.
What Does Michigan Law Say About Distracted Driving?
Michigan's Hands-Free Law, effective June 30, 2023, prohibits drivers from holding or manually using a mobile device while operating a vehicle. A violation is a civil infraction under MCL 257.602b, with fines increasing for repeat offenses.
For civil cases, a violation of this law at the time of a crash is evidence of negligence per se. That means the driver's illegal phone use is not just a contributing factor, it is a legal admission that they breached their duty of care to every other person sharing the road.
Note: The law applies to handheld use. Hands-free use through Bluetooth or mounted devices remains permitted. An attorney can assess how the specifics of your crash interact with this law and what evidence is needed to establish the violation.
Beyond phone use, distracted driving includes eating, adjusting vehicle controls, interacting with passengers, or any activity that diverts a driver's eyes or focus from the road.
These forms of distraction are harder to prove but not impossible when physical evidence, black box data, and witness accounts align.
Michigan's comparative fault rules under MCL 600.2957 also apply. If you shared some responsibility for the crash, your recovery may be reduced proportionally. A claim is barred only if you are found more than 50% at fault.
What Compensation Can You Recover After a Distracted Driving Accident in Hazel Park?
After a distracted driving accident in Michigan, injury victims may recover compensation through no-fault PIP benefits and, if the serious injury threshold is met, through a third-party liability claim against the at-fault driver. Together these two paths cover a broader range of damages than either one covers alone.
Through no-fault PIP:
Medical expenses. Hospital care, surgery, rehabilitation, and ongoing treatment related to your injuries, up to the limits of your selected PIP coverage level.
Lost wages. A portion of income lost while you are unable to work due to your injuries.
Replacement services. Compensation for household tasks you cannot perform while recovering, such as cleaning, lawn care, and childcare.
Through a third-party claim against the distracted driver:
Pain and suffering. Compensation for physical pain, emotional distress, and the impact on your daily life caused by your injuries.
Excess medical costs. Expenses beyond your PIP coverage limits, if applicable.
Loss of enjoyment of life. Compensation for activities and experiences your injuries have prevented you from pursuing.
Insurance adjusters routinely focus early offers on documented expenses and undervalue or omit non-economic categories entirely. We have previously recovered $500,000 for a driver who sustained back injuries requiring surgery, $480,509 for a driver struck by a red-light runner, and $450,000 for a driver who suffered multiple disc injuries requiring surgery. View our full case results to see what Michigan accident victims have recovered with Kajy Law.
Hear From Our Clients
Do We Handle Your Hazel Park Distracted Driving Accident Case?
You may have a strong distracted driving claim if another driver's inattention caused your accident and resulting injuries in Hazel Park or the surrounding Oakland County area.
Our attorneys handle distracted driving cases involving:
- Phone use, texting, or app interaction behind the wheel on Nine Mile Road, John R Road, or I-75 through Hazel Park
- Drivers eating, grooming, or otherwise not watching the road on Hazel Park's busier commercial corridors
- Crashes at the I-75 and I-696 interchange, one of the highest-accident zones in the Hazel Park area
- Rideshare drivers distracted by incoming ride requests while operating in Hazel Park
- Commercial drivers distracted in violation of FMCSA regulations on the I-75 corridor
The team handling your case includes Lawrence Kajy, recognized by the National Trial Lawyers Top 40 Under 40 in 2024 and 2025 and featured in the Detroit Legal News.
Preston Denha, our Managing Attorney and a lifelong Metro Detroit resident, focuses on holding insurance companies accountable when they undervalue claims. Shawn McKay, our Head of Litigation and a Super Lawyers Rising Star, handles the cases that require a courtroom.
The most direct way to know whether you have a claim is to speak with one of our attorneys. There is no cost and no obligation.
Talk to our team about your case today.
Ask Kajy Law
What if the distracted driver says they were not on their phone when they hit me in Hazel Park?
Denying phone use is the standard response. Cell phone records subpoenaed from the carrier show call logs, texts, and data activity with timestamps accurate to the second.
If the phone was in use at the moment of the crash, that record exists regardless of what the driver says. We pursue those records as a first step in every distracted driving investigation.
How long do I have to file a distracted driving accident claim in Michigan?
For a third-party liability claim against the at-fault driver, Michigan's statute of limitations generally allows three years from the date of the accident under MCL 600.5805. For no-fault PIP benefits, written notice of your claim is generally required within one year. Both deadlines matter independently, and speaking with an attorney soon after the crash protects both.
Does a police report help my distracted driving case in Hazel Park?
Yes, particularly if the responding officer noted distracted driving as a contributing factor or if the at-fault driver received a citation under Michigan's Hands-Free Law. However, a police report is not required to build a strong case.
Cell records, surveillance footage, witness accounts, and crash reconstruction evidence can all establish distraction independently of the official report.
Can I still recover compensation if I was partly at fault for the accident?
Michigan's modified comparative fault rules allow recovery even if you shared some responsibility, as long as you are found 50% or less at fault. Your recovery is reduced proportionally to your share of fault.
The specific facts of the accident determine that allocation, which is why a thorough investigation from the start matters.
What if the distracted driver was traveling on I-75 through Hazel Park when the accident happened?
Interstate accidents involve additional evidence sources including MDOT traffic cameras, commercial vehicle black box data, and state police crash reports filed separately from local police reports.
Cases involving I-75 through the I-696 interchange often have more camera coverage than local road accidents. We know which agencies manage that footage and how to request it before retention periods expire.
FAQ for Distracted Driving Accident Lawyer in Hazel Park, MI
How long do I have to file a distracted driving accident claim in Michigan?
Michigan's statute of limitations for a third-party personal injury claim generally allows three years from the date of the accident under MCL 600.5805. For no-fault PIP benefits, written notice is generally required within one year.
Both deadlines apply independently, and missing either one can eliminate that source of compensation. Acting early also preserves cell records and surveillance footage that disappear quickly after a crash on Nine Mile Road or the I-75 corridor.
What if there were no witnesses to the distracted driving accident in Hazel Park?
Witness testimony is one tool among several. Cell phone records, traffic and MDOT camera footage from the I-75 corridor, vehicle black box data, and the physical evidence of the crash itself can all establish distraction without a single eyewitness. Cases without witnesses are harder, but they are not unwinnable when the electronic evidence trail is preserved quickly.
Does my own insurance company help me in a distracted driving case?
Your own insurer pays your no-fault PIP benefits regardless of fault, which is a meaningful protection. However, your insurer is not your advocate in a third-party claim against the at-fault driver.
That process requires building and pursuing a separate claim, and your insurer's financial interest is not always aligned with yours. An attorney represents your interests across both the no-fault and third-party sides simultaneously.
What if the distracted driver's insurance company contacts me directly?
Do not provide a recorded statement or accept any offer before speaking with an attorney. The at-fault driver's insurer is working to minimize the payout from the first contact. Their goal is to resolve the claim quickly and for as little as possible.
Our team handles all communications with opposing insurers from the first call so nothing you say reduces your recovery.
Can a crash at the I-75 and I-696 interchange in Hazel Park affect how my case is handled?
Interstate interchange crashes often involve multiple evidence sources and jurisdictional considerations that local road accidents do not. Michigan State Police rather than Hazel Park local police may be the primary responding agency, which affects which reports are filed and where.
MDOT manages camera infrastructure at major interchanges, and that footage requires a different request process than local business surveillance. Our team handles those distinctions as a standard part of how we investigate every case.
Related Resources from Kajy Law
These pages may be helpful depending on your situation:
- Michigan Car Accident Lawyers — How our team handles crash claims and insurance disputes across Michigan.
- Michigan Car Accident Statistics — Data on distracted driving crashes and trends across Michigan.
- Accidents Increased Due to the EB-696 Closure — How the I-696 closure has affected crash rates in Hazel Park and surrounding communities.
- What If I Was Hit by an Unlicensed Driver? — How Michigan law handles crashes involving drivers without a valid license.
- Case Results — Outcomes our firm has achieved for Michigan accident victims.
- Contact Kajy Law — Reach our team directly.
The Driver Was Not Paying Attention. We Build the Evidence That Proves It.
Distracted driving cases are not just about what happened. They are about proving what happened to an insurance company that is motivated to say it did not. In Hazel Park, where Nine Mile Road, John R Road, and the I-75 and I-696 interchange see some of the highest crash volumes in Oakland County, evidence exists. The question is whether it gets preserved before it disappears.
Our team knows where to look and how fast to move. Lawrence Kajy built this firm because he saw what happened when accident victims tried to navigate these situations without real legal support.
Preston Denha has spent his career ensuring that insurance companies cannot use delays or technicalities to avoid paying valid claims. Shawn McKay handles the cases that require a courtroom when a fair settlement cannot be reached any other way.
Our office is in Southfield, minutes from Hazel Park, and we serve clients throughout Oakland County seven days a week. No fee unless we recover for you.
Call Kajy Law at 248-702-6641 or contact us online to schedule your free case review.
Kajy Law Firm 18000 W Nine Mile Rd #1400, Southfield, MI 48075