You saw it happen. The other driver was looking down, drifting, not paying attention, and then they hit you. Now you have injuries, a damaged vehicle, mounting medical bills, and an insurance company that is skeptical of everything you say.
The hardest part of a distracted driving case is that the driver who caused your accident will almost never admit it.
Our distracted driving accident lawyers serve injury victims in Dearborn and throughout Wayne County. 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.
Injured in an Accident? Call Kajy Law Now!
Can You Sue a Distracted Driver in Michigan After an Accident in Dearborn?
Yes. If a distracted driver caused your accident and your injuries meet Michigan's serious injury threshold, you may be able to file a third-party liability claim against them for pain and suffering in addition to the no-fault PIP benefits available through your own insurer.
Michigan is a no-fault state, which means your personal injury protection coverage pays for your medical treatment and a portion of lost wages after any accident, including one caused by a distracted driver. That coverage comes through your own insurer first, regardless of who caused the crash.
To pursue pain and suffering damages beyond no-fault, you must demonstrate that you suffered 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.
Our team evaluates both your no-fault benefits and any potential third-party claim from the first case review.
Call us for a free case review.
Hear From Our Clients
How Do You Prove a Driver Was Distracted in a Dearborn Accident?
Proving distracted driving requires evidence the other driver rarely volunteers. Michigan law and modern investigation tools give attorneys several ways to establish what the driver was doing in the seconds before impact, even when they deny it.
This is where most distracted driving cases are won or lost, and it is where legal representation makes the biggest practical difference:
Cell phone records. A subpoena can obtain call logs, text records, and data usage timestamps from the at-fault driver's carrier. If their phone was in active use at the time of the crash, that record exists. We pursue it.
Michigan's Hands-Free Law. Michigan enacted a hands-free driving law effective June 30, 2023, underMCL 257.602b. Drivers are prohibited from holding or using a phone while driving. A violation of this law at the time of the crash is direct evidence of negligence and strengthens a civil claim significantly.
Traffic and surveillance cameras. Dearborn's busiest corridors, including Michigan Avenue, Ford Road, Telegraph Road, and Schaefer Road, are covered by traffic infrastructure and business cameras.
Footage showing a driver's head position or phone use in the moments before impact is often available but disappears quickly. We move immediately to preserve it.
Vehicle black box data. Many modern vehicles record speed, braking, and steering inputs in the seconds before a crash. Combined with cell data, that record can establish that the driver made no attempt to brake, which is consistent with not watching the road.
Witness accounts. Passengers, pedestrians, and other drivers who observed the crash often notice distracted behavior before impact. We identify and interview witnesses before their accounts become harder to reach.
The crash pattern itself. Rear-end collisions, lane-departure crashes, and intersection impacts without braking marks are all consistent with distracted driving. We work with reconstruction professionals when the physical evidence supports a distraction argument.
Reach out before critical evidence disappears.
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 that increase for repeat offenses.
Critically 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 factor, it is a legal admission that they breached their duty of care to other drivers.
Note: The law applies to handheld use. Hands-free use through Bluetooth or mounted devices is still permitted. An attorney can assess how the specifics of your crash interact with this law.
Beyond phone use, distracted driving includes any behavior that diverts a driver's attention, including eating, adjusting vehicle controls, interacting with passengers, or any activity that takes their eyes or focus off the road.
These forms of distraction are harder to prove but not impossible, particularly when physical evidence and witness accounts align.
Michigan's comparative fault rules under MCL 600.2957 also apply. If you were found to share some responsibility for the crash, your recovery may be reduced proportionally. A claim is barred entirely only if you are found to be more than 50% at fault.
What Compensation Can You Recover After a Distracted Driving Accident in Dearborn?
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 the physical pain, emotional distress, and impact on your daily life caused by the 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 undervalue these categories, particularly the non-economic ones. View our full case results to see what Michigan accident victims have recovered with Kajy Law.
Do We Handle Your Dearborn Distracted Driving Accident Case?
You may have a strong distracted driving claim if another driver's inattention caused your accident and resulting injuries in Dearborn or the surrounding Wayne County area.
Our attorneys handle distracted driving cases involving:
- Phone use, texting, or app interaction behind the wheel
- Drivers eating, grooming, or otherwise not watching the road
- Commercial truck drivers distracted in violation of FMCSA regulations on I-94 or Ford Road
- Rideshare drivers distracted by their app while operating in Dearborn
- Crashes at high-risk Dearborn intersections including Michigan Avenue and Schaefer Road, Ford Road and Telegraph Road, and Ford Road and Gulley Road
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. He earned his law degree from the University of Detroit Mercy School of Law, where he served as Director of Academic Affairs of the Arab and Chaldean Law Student Association, a connection to Dearborn's community that informs how our firm approaches every case.
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.
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?
Denying phone use is standard. Cell phone records subpoenaed from their carrier show call logs, texts, and data activity with timestamps accurate to the second. If the phone was in use at the time of the crash, that record exists regardless of what the driver says.
We pursue that evidence as a standard part of our investigation in distracted driving cases.
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 of the accident. Speaking with an attorney soon after the crash protects both of these deadlines.
Does a police report help my distracted driving case?
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.
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 for the crash, as long as you are found to be 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 matters from the start.
What if the distracted driver was a commercial truck driver?
Commercial truck drivers are subject to federal FMCSA regulations that prohibit texting and handheld phone use while operating a commercial vehicle. A violation of those federal rules at the time of the crash strengthens a negligence claim and may also extend liability to the trucking company.
We handle commercial distracted driving cases as a distinct category with its own investigation and evidence strategy.
FAQ for Distracted Driving Accident Lawyer in Dearborn, 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 of your claim is generally required within one year.
Both deadlines matter, and missing either one can eliminate your right to compensation. Acting early also preserves evidence, including surveillance footage and cell records, that becomes harder to obtain as time passes.
What if there were no witnesses to the distracted driving accident?
Witness testimony is one tool among many. Cell phone records, traffic camera footage from Dearborn intersections, vehicle black box data, and the physical evidence of the crash itself, including the absence of braking marks and the angle of impact, can all establish distraction without a single eyewitness.
Cases without witnesses are harder, but they are not unwinnable. Our team uses the full range of available evidence to build the strongest possible case.
Does my own insurance company help me in a distracted driving case?
Your own insurer pays your no-fault PIP benefits, which cover medical expenses and lost wages regardless of fault. However, your insurer is not your advocate in a third-party claim against the at-fault driver. That process requires you to build and pursue a separate claim, and your insurer's interest is not always aligned with yours. An attorney represents your interests across both the no-fault and third-party sides of the case.
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. They may seem helpful or friendly in early contact, but 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.
Can distracted driving affect the value of my claim beyond the standard damages?
Yes. In cases where a driver's distraction was particularly egregious, reckless, or involved a repeat violation, Michigan law may support a claim for additional damages beyond standard compensation. This is fact-specific and not available in every case, but it is a factor our attorneys assess during the initial case evaluation.
Related Resources from Kajy Law
These pages may be helpful depending on your situation:
- Dearborn Car Accident Lawyer — Local representation for Dearborn accident victims throughout Wayne County.
- Dearborn Commercial Vehicle Accident Lawyer — What to do when a commercial truck or delivery vehicle caused your accident.
- Dearborn Rideshare Accident Lawyer — How rideshare driver distraction affects liability and your claim.
- Michigan Car Accident Lawyers — How our team handles crash claims and insurance disputes across Michigan.
- 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 Make Sure That Cannot Be Denied.
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. That requires evidence, speed, and an attorney who knows how to get both.
Preston Denha grew up in Metro Detroit and has spent his career holding insurers accountable when they deny or undervalue claims in communities like Dearborn. Lawrence Kajy's ties to Dearborn's Arab and Chaldean community run through his legal education and into the way this firm operates.
He built Kajy Law because he saw what happened to families who faced these situations without real legal support. Shawn McKay handles the cases that require a courtroom.
Our office is in Southfield, less than 15 minutes from Dearborn, and we serve clients throughout Wayne 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