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Can I File a Claim for Damages After a Fixed Object Accident?

fixed object accidentNot every car crash involves another vehicle. Nearly 20 percent of fatal traffic accidents today involve a vehicle hitting a stationary object. Each year, there are hundreds of thousands more fixed object crashes that cause extensive injuries and other damages. Most of these crashes, according to the National Highway Traffic Safety Administration (NHTSA), happen at night.

At Jay Trucks, we understand how a collision with a fixed object can quickly become a complicated claim. In addition to seeking no-fault benefits, crash victims may need to seek further damages through a third-party lawsuit. Learn what types of compensation may be available after a fixed object collision and how your auto insurance can help.

We offer FREE no-risk case reviews. 989-244-0356

Can I File a No-Fault Benefits Claim After a Crash With a Fixed Object?

All fully insured Michigan drivers are eligible to file a no-fault claim through their insurance carrier, even after a fixed object accident. However, you must file within a year of the crash date or forfeit the ability to recover any no-fault benefits.

The no-fault benefits you may be eligible to receive include:

  • All related medical costs up to the limits of your personal injury protection (PIP) insurance
  • Attendant Care
  • Up to 85 percent of your lost wages for up to three years after the date of the crash
  • Up to $20 per day for replacement services – to help with routine housekeeping and yard work

Will My No-Fault Insurance Pay to Repair or Replace My Car?

No, your no-fault insurance benefits do not include any coverage for damage to your vehicle. However, you can purchase optional collision coverage to help cover the repair or replacement costs of your vehicle. Without collision coverage, there are no other benefits that cover damages to your vehicle.

In Michigan, your options for collision coverage include:

  • Zero collision coverage: Regardless of fault, you pay 100 percent of the repairs to your vehicle.
  • Limited coverage: You pay your repairs if more than 50 percent at fault. If 50 percent or less at fault, your insurer pays the costs after you pay your chosen deductible.
  • Standard coverage: Regardless of fault, you pay a deductible, and your insurer pays the rest.
  • Broad form coverage: If more than 50 percent at fault, you pay your chosen deductible, and the insurance company pays the rest. If 50 percent or less at fault, your insurance pays and there is no deductible.

What if Another Driver Caused Me to Crash With a Fixed Object?

Sometimes a second driver may be liable for a fixed object accident. A driver does not have to hit your vehicle to be at fault for a crash. One way this could happen is if a drowsy driver fell asleep and drifted into your lane of traffic. The natural reaction is to swerve to avoid being hit by that negligent driver. Unfortunately, drivers who swerve may lose control of their vehicles and hit a fixed object instead.

If the driver sticks around, and your injuries meet the state’s injury threshold, you may be eligible for additional pain and suffering damages. If the vehicle leaves the scene of the crash, you may have a claim for excess damages under your policy. However, only if you have purchased optional uninsured motorist coverage.

Could Others Be Liable for My Damages After a Fixed Object Accident?

There are other parties who could be at least partially liable for a fixed object crash, including:

  • Product manufacturers – for example, if your brakes failed from a faulty design or you had a blowout because of a defective tire
  • Construction companies – unsafe work zones could cause a driver to veer into a fixed object, such as a guardrail or tree
  • Government entities – if a pothole or other road maintenance issue was the responsibility of a government agency and this issue led to your crash
  • Property owners – if a crash happened on their property due to a dangerous hazard they knew or should have known about

If you suspect another party may share responsibility for your fixed object accident, we recommend seeking legal help. You can learn about your legal options at no cost or risk to you. Our Grand Rapids auto accident lawyers at Jay Trucks have extensive experience helping crash victims. We have been representing victims in Michigan for decades and recovered millions on their behalf.

How Do Fixed Object Accidents Happen?

Almost half of all crashes involving a stationary object happen at night. Some of the most common fixed objects a car may hit include guardrails, traffic barriers, utility poles and trees. Often, these crashes happen because of:

  • Drowsy drivers who nodded off or fell asleep at the wheel
  • People driving drunk or under the influence of other substances
  • Speeding drivers who lose control of their vehicle and veer off the road
  • Drivers who fail to consider the impact of severe weather on road conditions
  • Aggressive or reckless drivers who lose control of their vehicle

Unfortunately, any of these conditions could also cause the negligent driver to swerve near another vehicle. The driver in the secondary vehicle, even if not struck by the negligent driver, could lose control of his or her car and hit a fixed object.

Call Our Firm for Legal Help After a Fixed Object Crash – We Are Here to Help

At Jay Trucks, we manage challenging injury cases every day, including car crashes with a fixed object. When we represent injured victims, our goal is always to protect their interests and fight for maximum compensation.

If you were injured in a fixed object crash, you may have legal options beyond your no-fault benefits claim. Contact our law firm to schedule a free, no-risk initial consultation anytime, night or day. If you choose our firm to represent you, there are no upfront costs to hire our services or while we work your case. We only get paid if you do.

Millions Recovered. 989-244-0356