What Happens If the Other Driver Is Cited After a Michigan Car Accident?

When a police officer issues a citation to the other driver following a crash in Macomb, Wayne, or Oakland County, it’s natural to wonder what that citation means for your insurance claim or potential legal case. The answer involves understanding what citations actually are under Michigan law — and what they are not.

What a Citation Means Under Michigan Law

Under MCL 257.742(3), a police officer may issue a citation to a driver involved in an accident when, based upon personal investigation, the officer has reasonable cause to believe that the individual is responsible for a civil infraction in connection with the crash. Common civil infractions issued after crashes include running a red light, failure to yield, improper lane use, following too closely, and careless or negligent driving under MCL 257.626b.

A citation is not a finding of fault — it is a notice to appear in court to respond to an allegation. The cited driver has the opportunity to admit responsibility, admit responsibility with explanation, or deny responsibility and contest the citation. Under MCL 600.113, a determination that a defendant is responsible for a civil infraction is made by a preponderance of the evidence — meaning it is more likely than not that the violation occurred.

If the cited driver is found responsible, the civil fine under MCL 257.907(2) is generally not more than $100, with an additional $25 added when the civil infraction was a moving violation that resulted in an at-fault collision. The fine is separate from any civil liability to the injured party.

When the Other Driver Is Charged With a Misdemeanor

Some crash-related conduct rises above a civil infraction to a misdemeanor or felony. Under MCL 257.728(8), an officer may issue a citation for a misdemeanor to a driver involved in a crash when the officer has reasonable cause to believe the driver committed a misdemeanor in connection with the accident — without making an arrest. Misdemeanor charges that can arise from crashes include reckless driving under MCL 257.626, operating while intoxicated under MCL 257.625, and leaving the scene under MCL 257.617.

More serious conduct—such as operating while intoxicated, reckless driving, or leaving the scene of a crash—may result in misdemeanor or felony charges depending on the circumstances and the injuries involved.

Does a Citation Help Your Civil Claim?

A citation issued to the other driver may be relevant to a civil negligence claim, but it does not automatically establish civil liability. Michigan civil courts make their own independent determinations of fault based on the evidence presented — the police report, witness testimony, physical evidence, and other factors. A finding that the other driver was responsible for a civil infraction may support a negligence claim, but it is not binding on the civil court.

Similarly, if the cited driver contests the citation and is found not responsible, that outcome does not necessarily prevent an injured party from pursuing a civil claim. The standards and evidence used in each proceeding are different.

What a Citation Does Not Do

A citation issued to the other driver does not guarantee payment of your medical bills, repair costs, or other losses. Michigan’s no-fault system means your own insurance covers your medical expenses and wage loss regardless of fault. Whether additional claims against the at-fault driver may be available — for pain and suffering and other non-economic losses — depends on the nature of your injuries and the specific circumstances of the crash, not simply on whether a citation was issued.

An attorney can evaluate the police report, the citation, and all available evidence to help determine what legal options may be available to you.

If you were injured in a crash in Macomb, Wayne, or Oakland County and have questions about what a citation means for your case, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.

Sources: Michigan Legislature – MCL 257.742
Michigan Legislature – MCL 257.907
Michigan Legislature – MCL 257.728
Michigan Courts Traffic Benchbook – Careless or Negligent Driving
Michigan Legislature – MCL 600.113