Michigan Wrong Way Driver Accident: Who Is Liable?
If you’ve been injured in a car accident that involved a wrong way driver, then you likely will be able to sue the driver for compensation. Driving in the wrong direction is a violation of both the “designated direction” and “reasonable care” driving safety laws. These types of car accidents are most often seen with drivers who are under the influence of alcohol.
Research shows that 60% of wrong way driving crashes involve drivers who are intoxicated. Drunk drivers are more than 18 times more likely to cause a wrong-way crash.
These head-on crashes are also often much more serious. Because driving into oncoming traffic so frequently results in severe and fatal collisions, transportation departments, road commissions and cities are stepping up their preventative efforts with strategies such as putting flashing lights on “Wrong Way” and “Do Not Enter” signs and using cameras and sensors to notify police in real time that a wrong direction crash may be imminent.
What is a wrong way driver accident?
A wrong way accident occurs when a driver travels in the wrong direction on a highway, freeway or roadway and collides with a vehicle traveling in the legally designated direction. Quite simply, a wrong direction crash is defined as driving against the legal flow of traffic and into oncoming traffic.
These crashes typically involve drivers entering exit ramps, one-way streets, or other lanes traveling against traffic
How common are wrong way driver accidents in Michigan?
There were 445 wrong way driver accidents in Michigan in 2024 and 13 of them were fatal crashes, according to State Police traffic crash data.
In 2023, there were 420 crashes involving drivers traveling against traffic in our state – 19 of them were fatal crashes, according to State Police traffic crash data.
In 2022, there were 407 wrong way driver accidents in Michigan and 10 of them were fatal, according to State Police traffic crash data.
The most current data available from the Federal Highway Administration shows that there were 704 wrong way driving fatalities in 2022, 697 in 2021, 507 in 2020, 502 in 2019 and 445 in 2018.
Common causes
- Drunk driving
- Drugged driving
- Driver distractions
- Driver confusion
- Unfamiliarity with the area
- Lack of proper signage
- Bad road design
- Bad on-ramp design
- Inadequately marked ramps
- Poor visibility
- Insufficient lighting
How often does a drunk driver cause a wrong way crash?
Our Michigan lawyer found that more than 60% of the drivers in wrong way accidents have a BAC (blood alcohol concentration) of 0.08 or higher, according to the AAA Foundation for Traffic Safety. Significantly, a driver’s likelihood of causing a head-on or opposing-lane collision is more than 18 times higher if their BAC is 0.08 or above
Who is liable for a wrong way driver accident?
In Michigan, the driver who causes a wrong way accident will be liable to all injury victims. It is unlawful to drive opposite the lawfully designated direction. The owner of the vehicle being driven in the wrong direction vehicle may also be liable under the owner liability law. (MCL 257.641(2)) and (MCL 257.401(1))
Depending on the circumstances, the State Department of Transportation, a local road commission, or a city may be liable for a collision caused by a driver traveling against traffic if they were negligent in selecting and placing signage designed to warn and prevent drivers from entering a freeway or highway in opposing lanes.
Lastly, if a collision caused by a driver traveling against traffic occurs because signage has been removed, the responsible individuals—if they can be identified—may be held liable for the resulting injuries and damages.
Can I sue a wrong way driver after an accident?
In Michigan, you can sue a wrong way driver for your car accident related injuries and those of a loved one. You will establish the driver was negligent by showing that he or she violated the traffic laws or failed to drive as a reasonably careful driver would under the circumstances. Many wrong direction drivers have BACs over the legal limit.
The evidence showing that the operator of a vehicle traveling against traffic was negligent and responsible for the resulting collision is generally quite strong. For instance, by virtue of the fact that they were driving into oncoming traffic and in the opposite direction of the lawful traffic flow demonstrates that they are in violation of the “designated direction” law. Similarly, it also shows that the driver has failed to use the required “ordinary care” which is the level of care that a “reasonably careful” driver would use. As noted above, well over half of all wrong direction drivers qualify as being under the influence of alcohol.
Once you have proved negligence on the part of the driver – and any other responsible parties – then you may be able to recover pain and suffering compensation as well as economic damages to cover your medical bills and wages you haven’t been able to earn because your injuries kept you from going back to work.
What is being done to prevent wrong way driver crashes?
Safety precautions to prevent collisions caused by drivers traveling against traffic include: (1) attaching flashing lights to “Wrong Way” and “Do Not Enter” signs; (2) reflective pavement markings, (3) rumble strips, (4) sensors and cameras to alert police, and (5) billboards to alert motorists to a vehicle traveling in the wrong direction.
In Grand Rapids, wrong-way detection systems that were installed on US 131 between M-11 (28th Street) and Ann Street have resulted in a more than 50% drop in wrong way crashes, according to Bridgemi.com.
Bridgemi.com reports:
“The technology is mounted on existing “wrong way” and “do not enter” signs. When a driver enters the wrong ramp, the system activates flashing lights and cameras. The lights warn the driver right away and police are alerted.”
Bridge also reports that, according to the State Department of Transportation, “[s]ince the detection systems were installed, there has been a 61% reduction in the number of drivers going up the wrong ramp and a 54% reduction in crashes.”
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If you were injured in a crash caused by a wrong way driver and have questions about your legal rights to compensation and economic damages, call Michigan Auto Law now (855) 960-3320 for a free consultation with an experienced and specialized car accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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