Who Is At Fault In A Rear End Car Accident In Michigan?

Under What Circumstances Typically Place Fault On A Trailing Driver In A Rear End Car Accident In Michigan?

Even when the trailing driver is presumed at fault for a rear end car accident, Michigan’s modified comparative negligence system can adjust how much they recover — or owe — based on the specific circumstances that contributed to the collision. Common factors that increase a trailing driver’s share of fault include:

• Following too closely for conditions: Wet roads, snow, fog, or heavy traffic require a greater following distance than normal. A driver who maintains a legal distance in clear, dry conditions may still be found negligent if that same distance was unsafe given the weather or road surface at the time.
• Delayed reaction due to distraction: If a distracted driver had enough clear distance to stop safely but failed to brake in time because they weren’t watching the road, that delay — not just the following distance itself — can be used to establish fault.
• Multiple contributing factors: When a trailing driver was both following too closely and distracted, or was speeding in addition to tailgating, courts and insurers may treat these as compounding factors that reduce the driver’s ability to argue comparative fault against the lead driver.

What Happens If I’m Found More Than 50% At Fault In A Rear End Car Accident In Michigan?

If you are found to be more than 50% at fault for a rear end car accident in Michigan, you are barred from recovering non-economic damages, such as pain and suffering, under Michigan’s modified comparative negligence system. (MCL 600.2959) This applies even if the other driver shares some responsibility for the crash. You may still be able to recover certain No-Fault PIP benefits regardless of fault, but your ability to sue for pain and suffering is cut off entirely once your share of fault exceeds 50%.

Under What Circumstances Can The Lead Driver Share Or Assume Fault In A Rear End Car Accident In Michigan?

While the following driver is usually at fault in a rear end car accident in Michigan, certain circumstances can shift or share liability with the lead driver. State law recognizes that a lead driver’s actions, vehicle defects, or road conditions can contribute to or even cause a collision. Fault may be assigned to or shared with the lead driver in situations such as:

• Sudden and unjustified braking: The lead driver stops abruptly without a valid reason.
• Malfunctioning brake lights or other vehicle defects: If the lead vehicle’s brake lights or tail lights are not working, the driver behind is not warned of the braking.
• Reversing unexpectedly: The lead driver suddenly reverses and hits the vehicle behind them.
• “Brake checking”: The lead driver intentionally slams on their brakes to cause the driver behind to hit them, which is considered an aggressive and potentially negligent action.
• Illegal lane changes or weaving: If the lead driver cuts in front of the trailing driver suddenly or changes lanes unsafely, leaving insufficient stopping distance.
• Poor road conditions or weather: Slippery roads or poor visibility can affect how liability is divided, especially if either driver failed to adjust speed or maintain control.
• Distracted or reckless driving by both drivers: If both drivers were engaging in distracted driving, comparative negligence may reduce each driver’s share of compensation.
• Multiple-vehicle collisions: In chain-reaction crashes, negligence can involve several parties, and liability may be shared among all involved drivers.

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.

In Michigan, if you are injured in a rear end car accident you may be able to sue the at fault driver for 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 caused the crash. 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 liability insurance coverage of $250,000 per person and $500,000 per crash, but allows drivers to purchase reduced limits instead. The table below breaks down these coverage options.

(MCL 500.3101(1); MCL 500.3131(2); MCL 500.3009(1)(a) and (b), (5))

If the vehicle driven by the negligent driver who caused your injury was an Uber, Lyft, truck, or commercial vehicle, their liability insurance coverage limits may be higher.

Vehicle Damage and Michigan’s Mini-Tort Law

Michigan’s No-Fault insurance does not cover vehicle damage. However, under Michigan’s Mini-Tort law, if you were not at fault for the rear end car accident, you can sue the at-fault driver — or file a claim against their insurance — for up to $3,000 to cover your vehicle repairs or your insurance deductible. This is separate from the “serious impairment of body function” threshold required to sue for pain and suffering, and it applies specifically to property damage claims.

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))

Who Is At Fault If A Rear End Car Accident Happens While A Vehicle Is Stopped In Traffic In Michigan?

Under Michigan law, a driver who strikes the rear of another vehicle that is lawfully stopped on the roadway is deemed prima facie negligent, the same as if the lead vehicle had been moving. (MCL 257.402) This means the trailing driver is presumed at fault even when the vehicle they hit was stationary — such as stopped at a red light, in traffic, or waiting to turn — unless that presumption can be rebutted by evidence showing the lead driver contributed to the crash, such as stopping suddenly and without cause in a location where a stop would not be expected.

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 our state’s law, when a driver strikes the back 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:

• Speeding
• Driving too fast for conditions
• Driving too fast to be able to safely stop
• Texting while driving
• Distracted driving
• Driving while intoxicated
• Disobeying traffic signs or signals

In Michigan, you are entitled to recover No-Fault PIP benefits  “without regard” to who is at fault for causing the hit from behind collision. (MCL 500.3105(2)) No-Fault benefits will help pay for:

• Medical bills
• Lost wages
• Transportation and mileage costs for traveling to and from doctor appointments
• Household replacement services
• 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 after being hit from behind in Michigan and you are looking to sue the at-fault driver 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.

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