Michigan Fatal Car Crash Law: What You Need To Know

In Michigan, “fatal car crash law” refers to a complex intersection of three distinct legal systems that operate in parallel when a collision results in death:

• Criminal Statutes: These address the state’s prosecution of the at-fault driver for conduct such as hit-and-run, reckless driving, or operating while intoxicated (OWI). (Michigan Vehicle Code)
• Civil Wrongful Death Law: Governed by Michigan’s Wrongful Death Act (MCL 600.2922), this allows the personal representative of the victim’s estate to pursue a lawsuit for damages, including loss of companionship and future earnings.
• No-Fault Insurance Rules: Michigan’s auto No-Fault insurance system provides survivor’s loss benefits—such as wage loss and funeral expenses—through the deceased’s own insurance policy, regardless of who caused the crash.

Navigating these three pillars simultaneously is essential for protecting a family’s legal rights and ensuring all avenues of recovery are pursued. If you have lost a loved one in a fatal car crash in Michigan, an experienced wrongful death attorney will help protect your and your family’s legal rights to compensation, No-Fault survivor’s loss benefits, and other economic damages.

What percentage of car crashes are fatal in Michigan?

In Michigan, in 2024, less than 1% of car crashes were fatal. There were a total of 288,880 reported motor vehicle accidents in the state of Michigan in 2024 and 1,012 of them involved deadly accidents, according to Michigan Traffic Crash Facts‘ Quick Facts.

How many fatal car crashes happen a year in Michigan?

In Michigan, in 2024, there were 1,012 fatal car crashes, resulting in the deaths of 1,099 people – up from 1,083 in 2020.

What is the leading cause of deadly auto accidents in Michigan?

The leading causes of fatal car crashes in Michigan are: (1) driving under the influence of alcohol; (2) driving under the influence of drugs; (3) speeding; (4) distracted driving; (5) cell phone use while driving; and (6) drivers running red lights.

How many deadly auto accidents are caused by alcohol in Michigan?

There were 276 alcohol-involved deadly accidents in Michigan in 2024, resulting in 307 alcohol-involved fatalities. That means 27.2% of all deadly auto accidents (276 of 1,012) and 27.9% of all accident-related deaths (307 of 1,099) were caused by one or more persons who had been drinking.

Are drugs a factor in fatal car crashes in Michigan?

24.3% of all deadly accidents in Michigan in 2024 involved a drugged driver. There were 246 drug-related deadly automobile accidents in Michigan in 2024, resulting in 272 deaths.

Does speeding cause deadly auto accidents in Michigan?

In Michigan in 2024, excessive speed was a contributing factor in 16.1% of all motor vehicle accident fatalities, accounting for 177 of the 1,099 auto accident deaths for the year.

How many deadly auto accidents are caused by distracted drivers in Michigan?

There were 56 deadly accidents involving a distracted driver in Michigan in 2024, which is 5.5% of the total number of deadly auto accidents in the state for that year.

How often is cell phone use a factor in fatal car crashes in Michigan?

1% of all deadly accidents in Michigan in 2024 involved a driver using a cell phone.

Can a deadly auto accident be caused by someone running a red light?

There were 46 people killed in deadly red-light-running auto accidents in the Great Lakes State in 2024, which accounts for 4.2% of all Michigan traffic-related fatalities for the year.

Where is a deadly auto accident most likely to occur?

31.2% percent of all Michigan fatal car crashes in 2024 occurred at intersections. Additionally, 58.9% (597 of the 1,012) of all deadly auto accidents in Michigan in 2024 occurred on county and city roads.

What should you do after a Michigan fatal car crash?

As soon as it is practical, you should talk with an experienced Michigan wrongful death lawyer to find out how to protect your legal rights to compensation, economic damages and No-Fault survivor’s loss benefits which are paid out to the dependents of persons killed in auto accidents.  

We recognize that hiring a lawyer at a time of loss and grieving is difficult, but in addition to assisting with No-Fault survivor’s loss benefits, your lawyer can make sure a possible defendant is on notice so that critical evidence is not intentionally destroyed. For example, a trucking company might destroy important records once six months have passed (as they would otherwise be allowed to do under federal motor carrier safety administration regulations), or a truck’s electronic data recorder (black box) can be intentionally overwritten.  In Michigan, if the fatal car crash involves an uninsured or underinsured motorist, some auto insurance policies have strict notice periods when a claim must be made by, or the coverage can be lost entirely.  And if the deadly automobile accident involves a government vehicle, there are strict notice periods that must also be complied with or the potential cause of action is lost and can be dismissed if a lawsuit is later filed.  

Your lawyer will also help you recover the best possible settlement in your case. In doing so, he or she will protect you from insurance adjusters who are notoriously bad at divulging all of the No-Fault insurance benefits a family may be entitled to and/or miscalculating how much of those benefits will cover funeral and burial expenses, replacement services, social security benefits, disability benefits, and pension compensation.

Your lawyer will also help to ensure that your settlement reflects the full value of your case by preventing the insurance company for the at-fault driver from misrepresenting or hiding additional liability insurance coverage and/or personal assets of the negligent driver. Making sure that the full extent of the at-fault driver’s liability coverage and assets are known will have a significant impact on the amount of your settlement.

What insurance claims can you file after a deadly auto accident?

According to state law, when you and your family have lost a loved one in a deadly automobile accident, you may be able to file an insurance claim for the following: (1) wrongful death against the at-fault driver; (2) No-Fault survivor’s loss benefits; and (3) uninsured or underinsured motorist coverage.

Can you file a wrongful death lawsuit after a fatal car crash in Michigan?

In Michigan, if a loved one is killed in a fatal car crash caused by someone else’s negligence, the family may be eligible to file a wrongful death claim. This type of claim is made through the deceased person’s estate and seeks compensation for the loss, including funeral and burial costs, loss of financial support, loss of companionship, and pain and suffering experienced before death.

The state’s Wrongful Death Act allows the personal representative of the estate—usually a close family member appointed by the court—to pursue this claim. While the law generally allows up to three years from the date of death to take legal action, it’s important to speak with an experienced wrongful death lawyer as soon as possible to protect your rights and begin the healing process.

What damages can be recovered after a fatal car crash in Michigan?

In Michigan, when a loved one is tragically lost in a fatal car crash, state law allows surviving family members to pursue compensation through a wrongful death claim. This compensation helps ease the financial and emotional burdens that follow such a devastating loss.

Under Michigan’s Wrongful Death Act, the following damages may be recovered:

Economic Damages

These cover the financial losses related to the accident and include:

• Medical expenses related to the deadly injuries
• Funeral and burial costs
• Loss of the deceased’s income, benefits, and financial support
• The value of household services the deceased would have provided

Non-Economic Damages

These address the personal and emotional loss to surviving family members:

• Pain and suffering the deceased experienced before passing
• Loss of companionship, love, affection, and support
• Loss of parental guidance for surviving children
• Emotional distress and grief experienced by close family members

Other Fair and Equitable Compensation

Courts may also award additional damages considered fair under the circumstances, such as:

• Loss of future gifts or inheritance
• Loss of services and care the deceased would have provided

What are survivor’s loss benefits after a fatal car crash in Michigan?

When a person loses his or her life in a deadly auto accident, his or her dependents can seek No-Fault “survivor’s loss” benefits which help replace the financial support their loved one would have provided had he or she not lost his or her life in an auto accident. 

What is the statute of limitations for filing a wrongful death lawsuit?

In Michigan, the statute of limitations for filing a wrongful death lawsuit is three years from the date of death.(MCL 600.5805) This means the personal representative of the deceased’s estate must take legal action within that time or risk losing the right to recover compensation.

This deadline is based on the time limit for the underlying legal claim—usually negligence related to an auto accident or another personal injury.

Important Things to Know:

• The claim must be filed by the court-appointed personal representative of the estate.
• If a government agency is involved, special rules may apply, and notice of the claim may need to be filed within 120 to 180 days.
• Waiting too long to act could result in your case being dismissed, even if the claim is valid.

What is the average settlement amount for a fatal car crash wrongful death lawsuit?

There is no set or average amount for a wrongful death settlement in Michigan after a fatal car crash Each case is unique, and the value depends on a variety of factors, such as:

• The age, health, and earning potential of the person who passed away
• The emotional and financial impact on surviving family members
• Medical and funeral expenses
• The amount of available insurance coverage
• The strength of the evidence showing who was at fault

Because every situation is different, settlements can vary widely from case to case. In general, these claims aim to compensate families for the financial loss, emotional suffering, and loss of companionship they have experienced.

If you’ve lost a loved one in a deadly automobile accident, an experienced wrongful death lawyer can help guide you through the legal process and work to secure the compensation your family deserves.

We understand that losing a loved one in a deadly auto accident is one of the most difficult experiences you’ll ever face. Our compassionate and experienced attorneys are dedicated to standing by your side through every step of the legal process.

Here’s why families trust us with their wrongful death cases:

• Proven Experience: We have a successful track record handling complex wrongful death claims across Michigan, helping families recover the compensation they deserve.
• Personalized Attention: We treat every case with the care and respect it deserves, providing you with clear communication and personalized guidance.
• No Upfront Fees: We work on a contingency fee basis, which means you don’t pay unless we win your case. This allows you to focus on healing without financial stress.
• Strong Advocacy: Our attorneys aggressively pursue justice, negotiating with insurance companies and, if necessary, taking your case to court to fight for your family’s rights.
• Local Knowledge: We know the state’s laws and courts inside and out, giving you an advantage in your claim.

When you choose an attorney from our law firm, you’re not just hiring a lawyer—you’re gaining a trusted advocate who genuinely cares about your family’s future.

Have you lost a loved one in a fatal car crash in Michigan and need a lawyer? Call all our attorneys now for a free consultation!

If you lost a loved one in a fatal car crash in Michigan, call now (800) 968-1001 for a free consultation with an experienced wrongful death attorney. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in motor vehicle accidents.

Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms.  This allows us to focus more time and attention on our cases.

Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 3,000 5-Star reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck accident and auto accident settlement in the state.

Call now so we can start making a real difference for you.

Legally Reviewed By

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.

Read Steven Gursten’s full attorney profile

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Legally Reviewed by Todd Berg, Attorney

This article is for informational purposes only and does not constitute legal advice. See our Community Guidelines.