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Rear Ended

Who Is At Fault In A Rear End Car Accident?

Who Is At-Fault In A Rear End Car Accident

The driver who is at fault in a rear end 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. 

Why is it important to know who is at fault in a rear end car accident?

Determining who is at fault in a rear end car accident is important because it is required in Michigan 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.

Pain and suffering compensation

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. 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.

What is the amount of compensation that I can recover?

The amount of pain and suffering compensation you are able to recover from who is at fault in a rear end car accident 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. 

When is a negligent driver at fault in a rear end car accident?

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))

When is a vehicle owner responsible for the crash?

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))

When is a driver’s employer responsible for 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))

Who is at fault in a 3 car rear end car accident?

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 contribute to being hit from behind

Driving behaviors that can contribute to who is at fault in a rear end car accident 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.

About No-Fault benefits

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. 

Call Michigan Auto Law for a free consultation with one of our attorneys

If you were injured and you have a question about who is at fault in a rear end car accident, you can call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our experienced automobile crash attorneys to discuss your rights and what compensation and benefits you may be entitled to under the law. You can also get help from an experienced attorney by emailing [email protected] or you can use the chat feature on our website.

Who Is At-Fault