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How Police Determine Fault After A Michigan Car Accident

How Police Determine Fault After a Michigan Car Accident

After a Michigan car accident, one of the first questions many people have is whether the police determined who was at fault. Understanding how officers complete a crash report—and what that report does and does not mean—can help you better understand what happens after a crash.

The UD-10 Traffic Crash Report

By law under MCL 257.622, all law enforcement agencies in Michigan must complete a standardized Traffic Crash Report — known as the UD-10 — for every qualifying crash. According to the Michigan State Police Traffic Crash Reporting Unit, a qualifying crash is one involving a motor vehicle in transport on a roadway that results in death, injury, or property damage of $1,000 or more. The Michigan State Police receives and processes approximately 315,000 crash reports annually.

The UD-10 is completed by the investigating officer at the scene, or as soon as practicable afterward. According to the MSP UD-10 Instruction Manual, if it is not possible to substantiate all recorded information or gather enough evidence to initiate enforcement action, the officer is still instructed to use their best judgment and record their considered opinions based on their investigation and experience.

How Officers Document Fault

The UD-10 includes a field called “Hazardous Action,” which indicates whether, in the investigating officer’s opinion, a person’s actions contributed to the crash. The officer is instructed to choose the most significant hazardous action that applies. If no hazardous action exists, the officer may select “none.” A crash involving more than one driver can result in multiple hazardous actions being recorded.

Hazardous action codes cover a wide range of behaviors including failure to yield, running a red light or stop sign, improper lane use, excessive speed, following too closely, and distracted driving. The officer’s hazardous action assignment becomes part of the official crash report and is used for statewide crash reporting and analysis.

Citations and the Crash Report

Under MCL 257.728(8), a police officer may issue a citation to a driver involved in a crash if, based on their personal investigation, they have reasonable cause to believe the person committed a misdemeanor or is responsible for a civil infraction in connection with the crash. A citation is not required for the officer to assign a hazardous action code — the two are separate determinations.

How to Get a Copy of Your Crash Report

According to the MSP Traffic Crash Reporting Unit, crash reports can take 3 to 30 days to process after the crash occurs, depending on the reporting agency. Once processed, reports can be purchased online through the Traffic Crash Purchasing System (TCPS) at michigan.gov for a $15 fee. To find your report’s incident or case number, contact the law enforcement agency that responded to the crash.

What the Police Report Means—and What It Does Not

The UD-10 is an important document, but it is not the final word on fault for civil or insurance purposes. The officer’s hazardous action assignment reflects their opinion based on what was observable and knowable at the scene. It does not involve the same level of investigation that a crash reconstruction team, insurance adjuster, or civil attorney would undertake. Insurance companies conduct their own fault determinations, and civil courts make independent findings based on the evidence presented.

A police report may be an important piece of evidence, but it is only one factor considered by insurance companies and the courts when evaluating fault and potential claims. Michigan’s comparative fault principles and the specific facts of the crash — including evidence not available to the officer at the scene — can all affect the outcome of a civil claim.

An attorney can review the UD-10, identify any additional evidence relevant to fault, and help evaluate what legal options may be available to you.

If you were in a crash in Macomb, Wayne, or Oakland County and have questions about your crash report or legal options, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.

Sources: Michigan State Police UD-10 Traffic Crash Report Instruction Manual
Michigan State Police Traffic Crash Reporting Unit FAQ
Michigan Legislature – MCL 257.622
Michigan Legislature – MCL 257.728

NoteOur law office relies on external sources for the content of this post. Although we aim for accuracy, we have not independently verified all facts related to this incident. Please notify Mihelich & Kavanaugh, PLC for corrections if you identify any inaccuracies. Posts will be removed upon request.

DisclaimerThe content of this post is intended for informational purposes only and does not constitute a solicitation for business. The information contained herein is not intended to offer legal or medical advice. If you or someone you care about has been injured in an accident, it is recommended to seek immediate medical assistance. The photo featured in this post was not taken at the actual scene of the accident.

The map below shows Macomb County, where Michigan law enforcement agencies investigate thousands of traffic crashes each year using the state’s standardized UD-10 Traffic Crash Report.

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