Who Is At Fault In A Rear End Car Accident?

In Michigan, the driver who is at fault in a rear end car accident will be the driver whose negligence caused the crash. The owner of the vehicle that caused the automobile crash may also be negligent and, thus, is responsible for causing the crash. Speeding, distracted driving, driving while intoxicated are common causes of getting hit from behind. 

In Michigan, determining who is at fault in a rear end car accident is important because it is required in order to recover pain and suffering compensation, excess medical bills and lost wages and other economic damages. To prove that a driver was responsible for causing the crash, you must be able to prove that he or she was negligent.

Negligence can be based on a failure to use ordinary care or a violation of the traffic laws.

The driver whose negligence caused the crash is responsible for your injuries and you may be able to sue him or her to recover pain and suffering damages, excess medical bills, excess lost wages and other economic damages. 

You must be able to show that you have suffered a “serious impairment of body function,” which is the legal threshold under Michigan’s No-Fault law for crash victims seeking to recover pain and suffering compensation.

Excess medical bills and excess lost wages are some of the economic damages you can recover from the driver who is at fault in a rear end car accident in Michigan. These damages will help to pay for your medical bills and to reimburse you for lost income that is not covered by the limits of the auto insurance policy through which you are claiming benefits and/or what is guaranteed to injured bicyclists under the No-Fault law.

The amount of pain and suffering compensation you are able to recover from the driver who is at fault in a rear end car accident in Michigan will depend on how much liability insurance coverage he or she has. Michigan law requires drivers to carry $250,000/$500,000, but gives them 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))  

If the vehicle being driven by the at-fault driver who injured you was an Uber or Lyft or a truck or commercial vehicle, then his or her liability insurance coverage limits may be higher. 

A driver “shall be deemed prima facie guilty of negligence” and, thus, is responsible for causing the crash from behind if the evidence shows that while “traveling in a certain direction” he or she overtook and struck the back of another vehicle proceeding in the same direction. (MCL 257.402(a))

The owner of the vehicle that strikes the back of another vehicle “shall be deemed prima guilty of negligence” and, thus, responsible for causing the crash, in “appropriate cases.” (MCL 257.402(a))

The employer of the driver who caused the crash “shall be deemed prima facie guilty of negligence” and, thus, is responsible for causing the crash in “appropriate cases.” (MCL 257.402(a))

In Michigan, the driver or drivers who are at fault in a 3 car rear end car accident will be whoever was negligent in causing the crash. Under Michigan’s law, when a driver strikes the rear end of a vehicle traveling in the same direction, he or she “shall be deemed prima facie guilty of negligence.” (MCL 257.402(1))

Driving behaviors that can contribute to who is at fault in a rear end car accident in Michigan include: (1) speeding; (2) driving too fast for conditions; (3) driving too fast to be able to safely stop; (4) texting while driving; (5) distracted driving; (6) driving while intoxicated; and (7) disobeying traffic signs/signals.

You are entitled to recover No-Fault PIP benefits in Michigan “without regard” to who is responsible for causing the crash. (MCL 500.3105(2)) No-Fault benefits will help pay for your medical bills, lost wages, transportation and mileage costs for traveling to and from doctor appointments, household replacement services and attendant care services.

You will receive your No-Fault benefits from the auto insurance company that is responsible to pay under the No-Fault law’s “priority” rules. 

To start your claim, you must have a “written notice of injury” which is also called an application for No-Fault benefits with the responsible auto insurance company within one (1) year after the crash. (MCL 500.3145(1) and (4)) 

Failure to file a timely application for No-Fault benefits will result in the injured person being forever disqualified from claiming and recovering No-Fault benefits from the insurance company. 

If you were injured in a rear end car accident in Michigan and not sure who is at fault call now (800) 968-1001 for a free consultation with an experienced rear end car accident lawyer. 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 auto accidents.

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