Serious Impairment of a Body Function
While the no-fault law in Michigan offers some protection for victims of car accidents, it does have its limitations. One such rule is that it does not provide compensation for victims who suffer from serious impairments of body functions.
Moving Violation Causing Serious Impairment of a Body Function (MVCSIBF)
To strengthen Michigan’s auto accident laws, the state revised its drunk driving laws to include moving violations causing serious impairment of a body function (MVCSIBF) charge. The revision was designed to offer additional protection for victims of car accidents who suffer from serious injuries.
The MVCSIBF charge is a felony offense punishable by five years in prison and a $5,000 fine. The charge applies when a driver causes a car accident that results in the serious impairment of the body function of another person. A “serious impairment of a body function” is defined as an injury that prevents someone from performing normal life activities or causes death.
The Burden of Proof for an MVCSIBF Charge
To secure a conviction for an MVCSIBF charge, the prosecution must prove that the driver was operating the vehicle carelessly or recklessly and that this careless or reckless driving caused the car accident that resulted in the serious impairment of another person’s body function.
How to File for an MVCSIBF Charge
If you are injured in a car accident and believe that the driver who caused the accident was operating the vehicle carelessly or recklessly, you can file a police report and have the driver charged with an MVCSIBF. You can also contact an attorney who will be able to help you file for an MVCSIBF charge.
Steps in Filing for an MVCSIBF Charge
- File a police report- To file for an MVCSIBF charge, you will need to file a police report. The police report should include the driver’s name, address, and insurance information. You should also have a detailed account of the accident, including what happened and how the driver was operating the vehicle.
- Gather evidence- Once you have filed a police report, you will need to gather evidence to support your claim that the driver was operating the vehicle carelessly or recklessly. This evidence can include eyewitness testimony, accident scene photos, and medical records detailing your injuries.
- Contact an attorney- After you have gathered all of the evidence, you will need to contact an attorney who can help you file for an MVCSIBF charge. The attorney will be able to guide you through the process and represent you in court.
Defense Against an MVCSIBF Charge
A driver can use a few defenses against an MVCSIBF charge. The most common defense is that the driver was not operating the vehicle carelessly or recklessly at the accident. Another defense is that the driver’s actions did not cause the car accident, resulting in serious impairment of another person’s body function.
If you are charged with an MVCSIBF, it is essential to contact an attorney right away. Attorneys at Fran Murphy Law will be able to help you build a defense and represent you in court.