You watched it happen. The driver ahead was drifting, looking down, completely somewhere else. And then they hit you. Now you are dealing with injuries, medical bills, and an insurance company that wants a recorded statement before you have had time to process what happened. The driver who caused this will almost certainly deny it.
Our distracted driving accident lawyers serve Oak 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.
Injured in an Accident? Call Kajy Law Now!
Can You Sue a Distracted Driver After an Accident in Oak Park, Michigan?
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 the no-fault PIP benefits available 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 damages 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.
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.
Past Case Results
How Do You Prove a Driver Was Distracted in an Oak Park Accident?
Proving distracted driving requires evidence the at-fault driver will never voluntarily provide. Michigan law and modern investigation tools give attorneys several concrete ways to establish what the driver was doing in the seconds before impact, even when they deny it entirely.
This is where most distracted driving cases are won or lost, and where legal representation makes the biggest practical difference:
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 impact, that record exists and is obtainable. We pursue it as a standard first step.
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. Oak Park's major corridors including Greenfield Road, Nine Mile Road, and Ten Mile Road carry heavier traffic volumes since the EB-696 closure rerouted thousands of daily drivers through these streets.
That increased traffic also means more cameras, more witnesses, and more opportunities to capture footage of a distracted driver in the moments before a crash. We move immediately to preserve that footage before it is overwritten.
Vehicle black box data. Many modern vehicles record speed, braking, and steering inputs in the seconds before impact. A driver who made no attempt to brake before collision is consistent with someone not watching the road. Combined with cell data, that record builds a compelling picture.
Witness accounts. Other drivers, pedestrians, and passengers who observed the crash often notice distracted behavior before impact. We identify and reach witnesses before their accounts become harder to obtain.
The crash pattern itself. Rear-end collisions, lane-departure crashes, and intersection impacts without braking marks are all consistent with distraction. We work with reconstruction professionals when the physical evidence supports that argument.
Reach out before critical evidence disappears.
What Does Michigan Law Say About Distracted Driving in Oak Park?
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.
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 on 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 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 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.
Hear From Our Clients
What Compensation Can You Recover After a Distracted Driving Accident in Oak 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 undervalue non-economic categories and focus early offers narrowly on documented expenses.
View our full case results to see what Michigan accident victims have recovered with Kajy Law.
Do We Handle Your Oak 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 Oak Park or the surrounding Oakland County area.
Our attorneys handle distracted driving cases involving:
- Phone use, texting, or app interaction behind the wheel on Greenfield Road, Nine Mile Road, or Ten Mile Road
- Drivers eating, grooming, or otherwise not watching the road on Oak Park's busier corridors
- Rideshare drivers distracted by their app while picking up or dropping off passengers in Oak Park
- Commercial truck drivers distracted in violation of FMCSA regulations passing through Oakland County
- Crashes at high-traffic Oak Park intersections where I-696 detour traffic has increased congestion and collision risk
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 Oak Park?
Denying phone use is standard. 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 it 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 of the accident. Both deadlines matter, and speaking with an attorney soon after the crash protects both.
Does a police report help my distracted driving case in Oak Park?
Yes, particularly if the responding officer from the 45th District Court jurisdiction 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 alone 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, 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 matters from the start.
What if the distracted driver was a rideshare driver picking up a passenger near Oak Park?
Rideshare drivers distracted by their app, GPS navigation, or incoming ride requests are a specific and growing category of distracted driving cases.
Liability may extend beyond the individual driver to the rideshare company depending on the driver's status at the time of the crash. We handle rideshare distracted driving cases as a distinct category with its own evidence and liability strategy.
FAQ for Distracted Driving Accident Lawyer in Oak 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 matter independently, and missing either one can eliminate your right to that source of compensation. Acting early also preserves the cell records and surveillance footage that disappear quickly after a crash.
What if there were no witnesses to the distracted driving accident in Oak Park?
Witness testimony is one tool among many. Cell phone records, traffic camera footage from Oak Park intersections, vehicle black box data, and the physical evidence of the crash itself can all establish distraction without a single eyewitness. The increased traffic on Greenfield Road and Nine Mile Road from the I-696 closure has also brought more potential witnesses and more camera-equipped businesses to these corridors.
Cases without witnesses are harder, but they are not unwinnable.
Does my own insurance company help me in a distracted driving case?
Your own insurer pays your no-fault PIP benefits regardless of fault. 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 of the case simultaneously.
What if the distracted driver's insurance company contacts me directly after the crash?
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 cooperative 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 on a high-traffic road like Greenfield or Nine Mile affect my claim?
Road conditions and traffic volume can affect how fault is analyzed. Increased traffic on Oak Park's main corridors from I-696 detour rerouting has created congestion conditions where distracted driving at intersections causes more frequent and more severe crashes.
Our attorneys account for those local traffic patterns when building the factual record of your case.
Related Resources from Kajy Law
These pages may be helpful depending on your situation:
- Oak Park Rideshare Accident Lawyer — How rideshare driver distraction affects liability and your claim in Oak Park.
- Oak Park Drunk Driving Accident Lawyer — How impaired driving cases in Oak Park affect liability and recovery.
- Michigan Car Accident Lawyers — How our team handles crash claims and insurance disputes across Michigan.
- What If I Was Hit by an Unlicensed Driver? — How Michigan law handles crashes involving drivers without a valid license.
- Accidents Increased Due to the EB-696 Closure — How the I-696 closure has affected crash rates in Oak Park and surrounding communities.
- 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 Case 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. That requires evidence, speed, and an attorney who knows exactly where to look in Oak Park and Oakland County.
The I-696 closure has pushed thousands of daily drivers onto Greenfield Road, Nine Mile, and Ten Mile, creating congestion and distraction conditions that are specific to this area right now. Our team knows those roads, knows the camera coverage along them, and knows how to move before that evidence is gone.
Preston Denha grew up in Metro Detroit and has spent his career holding insurers accountable when they deny or undervalue claims in communities across Oakland County.
Lawrence Kajy built this firm because he saw what happened to accident victims who tried to navigate these situations without real legal support. Shawn McKay handles the cases that require a courtroom.
Our office is in Southfield, minutes from Oak 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