Speed can play a significant role in crashes on Michigan roads, particularly when drivers travel too fast for traffic, weather, visibility, or roadway conditions. Michigan law addresses both posted speed limits and the broader duty to operate at a careful and prudent speed, and violations may become relevant when a crash causes injuries or death.

Michigan’s Basic Speed Law

Michigan’s speed requirements begin with a fundamental principle codified at MCL 257.627(1). Under that statute, a driver operating a vehicle on a highway must drive at a careful and prudent speed that is not greater than nor less than is reasonable and proper, having due regard to traffic, surface, and width of the highway and any other condition existing at the time. A driver also must not operate a vehicle at a speed greater than that which will permit a stop within the assured clear distance ahead. A violation of this subsection is known as a violation of the basic speed law.

This means that even on a road where no posted speed limit has been exceeded, a driver can still violate Michigan law by traveling faster than conditions safely allow. Road conditions, weather, visibility, and traffic volume all factor into what constitutes a lawful speed at any given moment.

Posted Speed Limits

Michigan law also establishes speed limits for different types of roads and locations, including certain business districts, residential areas, public parks, and other roadway segments. The applicable limit can depend on the type and characteristics of the roadway and whether a different limit has been properly established and posted.

Under MCL 257.628, state and local authorities may establish modified speed limits under specified circumstances. A violation of a speed limit established under that section is a civil infraction.

Reckless Driving

When speed, combined with other conduct, rises to the level of willful or wanton disregard for the safety of persons or property, it may constitute reckless driving under MCL 257.626. Reckless driving is a misdemeanor in Michigan. When reckless driving causes serious impairment of a body function, it becomes a felony under MCL 257.626(3), punishable by up to five years in prison. When it causes death, it is a felony under MCL 257.626(4), punishable by up to 15 years.

What This Means After a Crash

When speed is identified as a contributing factor in a crash that injures another person, that finding may be relevant to a civil negligence claim. A violation of MCL 257.627’s basic speed law or an applicable posted limit does not automatically establish civil liability, but it is a fact that an attorney would evaluate as part of any claim.

Michigan’s no-fault system may provide eligible injured people with PIP benefits for allowable medical expenses and wage loss under MCL 500.3107, subject to applicable coverage and eligibility rules. Whether a claim for noneconomic damages may also be available depends on the requirements of MCL 500.3135 and the specific circumstances of the crash.

If you were injured in a speed-related crash in Macomb, Wayne, or Oakland County, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.

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