How Is Fault Determined In A Car Accident In Michigan?
In Michigan, fault in a car accident is determined using police reports, traffic violations, witness statements, photos, and insurance investigations. Our state’s modified comparative fault rules then assign each driver a percentage of blame, and if you’re found more than 50% at fault, you cannot recover damages. With our No-Fault insurance system, your own insurance generally covers medical expenses and certain wage loss benefits regardless of who caused the crash but liability still matters for pain and suffering claims and other damages outside the No-Fault benefits. In disputed cases, liability can be negotiated between insurers or ultimately decided through litigation.
Evidence for determining fault in a car accident in Michigan
In Michigan, determining fault in a car accident will involve consideration of evidence gathered by the police at the crash scene: statements by drivers, passengers and witnesses; opinions by crash reconstruction experts; driving behavior; video recordings; and data from black boxes or event data recorders.
What are the legal reasons that someone may be considered to be at fault in a crash?
In Michigan, a driver may be determined to be at-fault for causing a car accident if he or she: (1) violates a state and/or local traffic law; (2) fails to use the ordinary care that a reasonably careful driver would use; 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))
How is fault determined in a rear-end car accident in Michigan?
In Michigan, the law determines who is at-fault in a rear-end car accident. It presumes that a driver who rear-ends another vehicle is “prima facie guilty of negligence” and therefore is responsible for causing the crash. (MCL 257.402(a))
What driving behaviors are considered when discovering fault in a crash?
The driving behaviors that most commonly play a role in deciding which driver was the negligent driver who cause the automobile crash include: (1) speeding; (2) driving too fast for conditions; (3) texting while driving; (4) distracted driving; (5) drunk driving; (6) drugged driving; (7) drowsy driving; and (8) disregarding traffic signals and signs.
How does comparative negligence work after fault is determined in a car accident in Michigan?
In Michigan, after fault is determined in a car accident, comparative negligence is used to assign each driver a percentage of responsibility for the crash. This percentage is based on the evidence and reflects how much each party contributed to causing the collision. Even if one driver is primarily responsible, liability can still be shared between multiple parties.
These responsibility percentages directly affect compensation. A driver’s recovery is reduced by their percentage of liability, and if they are found more than 50% responsible for the crash, they are generally barred from recovering non-economic damages such as pain and suffering. However, No-Fault benefits like medical expenses and certain wage loss are still available through their own insurance regardless of who caused the drash.
Does pain and suffering compensation depend on who is at-fault for causing the crash in Michigan?
In Michigan, it must be determined that the other driver was at-fault for causing the car accident in order for you to be able to sue the other driver in your crash for pain and suffering compensation, You must also show that your injuries caused you to suffer a “serious impairment of body function.” This means your claim must meet our state’s legal threshold for non-economic damages, which goes beyond simply showing that a crash occurred. You will need evidence that your injuries significantly impacted your ability to lead your normal life, such as limiting daily activities, affecting your work, or requiring ongoing medical treatment. Medical records, physician opinions, and documentation of how your injuries have changed your routine are often key in establishing this level of impairment.
Can you still get No-Fault benefits if you are at-fault in a crash in Michigan?
In Michigan, benefits under Michigan’s auto No-Fault law are provided to injured victims regardless of whether they are at-fault in causing a crash. (MCL 500.3105(2)) No-Fault benefits help crash victims pay for their medical bills and reimburse them for lost wages if they cannot work.
To protect your right to recover No-Fault benefits after a car accident in Michigan, you must file an application for No-Fault benefits – which is also called a “written notice of injury” – with the responsible auto insurance company within one (1) year after the crash. (MCL 500.3145(1) and (4))
It is important to file your application for No-Fault benefits on time because if you don’t, the auto insurance company will use this to deny your No-Fault PIP claim and refuse to pay any and all of the No-Fault benefits you would have otherwise been entitled to.
What will my compensation be if the other driver is at-fault for the crash?
There are many factors that will affect your pain and suffering compensation if the other driver is determined to be at-fault for causing the car accident in which you were hurt. One of the most important factors is the amount of liability insurance coverage the at-fault driver was carrying.
Drivers in Michigan are required by law to carry $250,000/$500,000, but they have the option “to purchase lower limits” of $50,000 and $100,000. (MCL 500.3101(1); 500.3131(2); 500.3009(1)(a) and (b), (5))
However, if the vehicle being driven by the person who was discovered to be the negligent driver who caused the crash is an Uber, Lyft, a semi truck or commercial vehicle, then the liability insurance coverage limits that apply to your case may be considerably higher.
Do you have questions about how fault is determined in your car accident and you need legal help? Call the attorneys at Michigan Auto Law now for a free consultation!
If you have questions about how fault is determined in your car accident in Michigan, call now (800) 968-1001 for a free consultation with an experienced car crash attorney near you. 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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