Who Is At Fault In A Roundabout Accident In Michigan?
In Michigan, a driver may be at fault in a roundabout accident if he or she: (1) fails to yield to circulating traffic; (2) makes an unsafe lane change; and/or (3) stops inside the traffic circle. All of these constitute negligent driving and the driver will be responsible for any car accident that results.
To learn tips and advice for safely navigating roundabouts, please check out our Michigan Roundabout Resource Center.
When are you at fault in a roundabout accident in Michigan?
A driver will be at fault in causing a roundabout accident if he or she: (1) fails to exercise the ordinary care that a reasonable careful driver would; (2) violates state and/or local traffic laws; and/or (3) rear-ends the victim’s vehicle. (Sources: M Civ JI 10.02; M Civ JI 12.01, 12.03 and 12.05; MCL 257.402(a))
Are you at fault in a roundabout accident if you fail to yield the right of way in Michigan?
Fault in a roundabout accident in Michigan often depends on whether a driver failed to yield before entering the circle. Under state law, vehicles already in the traffic circle have the right-of-way, and drivers entering must wait until it is safe to merge or they may be liable for a crash. Unfortunately, many drivers either misunderstand or ignore this rule, which can lead to serious crashes.
Specifically, state law requires that as a driver approaches the yield sign posted at the entrance to a roundabout, he or she “shall slow down to a speed reasonable for the existing conditions and shall yield the right of way to a vehicle in the” roundabout. (MCL 257.649(6))
Depending on the circumstances, including the amount of roundabout traffic that is already circulating (and which has the right of way), a driver who is attempting to enter a roundabout may need to stop briefly until a safe gap opens up in the traffic.
Can you be at fault in a roundabout accident if you improperly change lanes?
In Michigan, when a crash occurs in a roundabout because a driver improperly changes lanes, then that driver will be at fault for any accident that results. Make sure to always select the correct lane before entering a roundabout and never change lanes while traveling within the roundabout.
Generally, roundabouts with multiple lanes will have signs guiding drivers as to which lanes to select based on their destination – i.e., turning right immediately, continuing straight ahead, or ultimately turning left.
State law requires that a car or truck being driven in a roundabout “shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the operator has first ascertained that the movement can be made with safety.” (MCL 257.642(1))
What happens if you stop in a traffic circle and cause a crash?
If a crash occurs because a driver stopped in his or her lane of traffic in a traffic circle, then that driver will almost always be found responsible for the collision. Stopping in a roundabout can cause a driver to be rear-ended and it can cause other vehicles to collide in order to avoid striking the driver’s negligently stopped vehicle.
Michigan law provides a driver in a roundabout cannot stop his or her vehicle unless the driver has “first determine[d] that the stopping . . . can be made in safety and shall give a signal . . .” (MCL 257.648(1))
What other moving violations could put a driver at fault in a roundabout accident in Michigan?
A driver may also be at fault in a roundabout accident if he or she was speeding and/or tailgating and either of those driving behaviors caused a crash to occur within the roundabout. (MCL 257.627(1); 257.643(1))
Can more than one person be responsible for a crash in a traffic ciricle?
There can be more than one person who is responsible for a crash in a traffic ciricle. In order for the victim to be able to sue for pain and suffering compensation and/or vehicle damage, the driver who caused the accident must have been 50% or more at fault. (MCL 500.3135(2)(b) and (4)(a))
The victim’s recovery of compensation or damages will be reduced by the percentage of responsibility, if any, attributed to him or her for contributing to the crash. This legal concept is called “comparative negligence.”
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Written By
Steve M. Gursten,
Attorney,
License#: P53632
Steven Gursten, attorney at Michigan Auto Law and one of the most successful auto accident attorneys in Michigan. Michigan Auto Law represents people seriously injured in car, truck, motorcycle, and bus accidents, including catastrophic injury, traumatic brain injury, and No-Fault insurance cases. Steven has recovered the largest reported auto and truck accident settlement of any Michigan lawyer, and has been named Michigan Lawyer of the Year and a Top 50 Michigan Super Lawyer.
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