What to Know About Rear-End Car Accidents in Michigan
Rear-end collisions are among the most common types of crashes on Michigan roads. They can happen at intersections, in stop-and-go highway traffic, or when a driver fails to stop in time for slowing traffic ahead. While the circumstances vary, Michigan law provides a framework for determining fault, insurance benefits, and whether an injured person may have an additional claim.
How Fault May Be Evaluated
There is a common assumption that the rear driver is always at fault in a rear-end collision. Under MCL 257.402, when a vehicle traveling in a certain direction overtakes and strikes the rear of another vehicle traveling in the same direction, the rear driver is presumed to be at fault. However, that presumption can be rebutted by evidence showing that the circumstances of the crash were different from what the presumption suggests.
Other traffic laws may also be relevant. Under MCL 257.643, drivers must not follow another vehicle more closely than is reasonable and prudent based on speed, traffic, and road conditions. The conduct of both drivers and the specific evidence surrounding the collision may ultimately affect how fault is determined.
Michigan’s comparative fault rules under MCL 600.2959 may also affect an injury claim when more than one person’s actions contributed to a collision. The percentage of fault assigned to an injured person can affect the damages available in a civil claim.
What Evidence May Matter
The police report, witness statements, photographs from the scene, and any available dash cam or surveillance footage can all be relevant when evaluating what happened in a rear-end collision. Physical evidence, including vehicle damage and the positions of the vehicles after the crash, may also help establish the sequence of events.
A police crash report may provide useful information about the vehicles, drivers, witnesses, and circumstances documented by the responding officer. However, the report itself does not necessarily determine who is legally responsible for the collision. Preserving photographs, video, witness information, and other evidence can help establish how the crash occurred.
How Michigan No-Fault PIP Benefits Apply
Michigan’s no-fault system may provide eligible injured people with PIP benefits for accident-related medical expenses, wage loss, and certain other losses without regard to who caused the collision. Under MCL 500.3107, PIP benefits may include allowable expenses for reasonably necessary medical care, rehabilitation, and other qualifying expenses.
Which policy provides benefits and the extent of available coverage depend on the applicable insurance policies and circumstances of the crash.
When an Additional Claim May Be Available
No-fault PIP benefits generally do not compensate an injured person for pain and suffering or other noneconomic losses. Under MCL 500.3135, an injured person may be able to pursue a claim against an at-fault driver for noneconomic damages when the injuries meet Michigan’s statutory threshold, including serious impairment of body function, permanent serious disfigurement, or death.
Whether a particular injury meets that threshold depends on the specific circumstances, including the nature and extent of the impairment and its effect on the injured person’s ability to lead their normal life.
When injuries are serious and another driver’s conduct contributed to the crash, consulting with an attorney can help clarify what claims may be available and what evidence may support them.
If you were injured in a rear-end collision in Macomb, Wayne, or Oakland County, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.
Sources:
Note: Our 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.
Disclaimer: The 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.
