Michigan state law provides the criteria for determining fault in rear-end collisions. Negligence by the driver, owner, and other parties may have contributed to your collision. Your Okemos rear-end accident lawyer will be an excellent resource in determining negligence in your case.
Establishing fault for your rear-end collision should be a top priority if you hope to maximize your settlement. Contact White Law PLLC today for a free consultation. We will make every effort to hold any and all liable parties responsible and get you the compensation you may be owed.
Why It is Important to Determine Fault in a Rear-End Collision
The importance of determining fault in a rear-end collision cannot be understated. Michigan state law requires fault to be established in order to recover your economic and non-economic damages. These damages can include lost wages, medical bills, pain and suffering, and costs to repair or replace your vehicle.
According to MCL §257.402(a), when someone else is responsible for causing your injuries, they can be compelled to compensate you for your damages accordingly. Since filing a claim with the insurance company is not always enough to fully cover your damages, it is crucial that we establish liability for the accident so the at-fault party can be ordered to repay you in full. You can rely on your car accident lawyer to conduct an intensive investigation into your rear-end collision so all parties that contributed to your injuries are brought to justice.
The Following Driver Is Usually Liable for a Rear-End Collision
Fault must be determined by proving negligence on behalf of the driver who struck you from behind. Some common examples of driver negligence in rear-end collisions could include disobeying traffic laws, failure to properly maintain the vehicle, impaired driving, driving while fatigued, or distracted driving. Your Okemos personal injury lawyer can help you prove the following driver’s negligence and gather the evidence needed to support your case.
The driver that hit you from behind is not the only party that could be held accountable for your losses. You may have grounds for a claim against auto parts designers and manufacturers, local dram shops, and even employers if you were involved in a work-related car accident. Your attorney will need to carefully evaluate the evidence obtained to ensure liability is accurately evaluated in your case.
Your Fight Is Our Fight
Investigating the Causes of Rear-End Collisions
Determining fault is an integral part of the personal injury claims process. While you might assume the driver who hit you caused the accident, it may surprise you to learn that other parties may share liability for your injuries or damages. Here are some of the most widely reported causes of rear-end collisions in Michigan:
Negligent Driving
The driver that hit you from behind may be responsible for causing the accident, particularly if they were engaging in dangerous or unsafe driving practices. Negligent driving has become a serious cause for concern across the state. Some examples of negligent driving include:
- Speeding
- Texting while driving
- Distracted driving
- Following too closely
- Speeding in adverse weather conditions
- Disobeying traffic laws and signals
- Driving while intoxicated
Defective Motor Vehicle Parts
It may shock you to learn that someone other than the following driver could be responsible for causing your rear-end collision. For example,
auto parts manufacturers are commonly found liable for rear-end collisions when auto parts malfunction or are defective, thereby making it impossible for the following driver to avoid crashing into you. Other instances in which manufacturers may be at fault include:
- Faulty lighting – Defective lighting components may contribute to a rear-end collision
- Tire failure – Blowouts or defective tires may cause a rear-end collision
- Sudden acceleration or unexpected acceleration – Faulty parts or recalled items may cause unexpected or unintended movement, leading to a rear-end collision
- Brake failure – Should any defective parts be found in the braking system, the manufacturer may be accountable
Shared Liability
The driver that struck you from behind may not always be at fault for the collision. In fact, under Michigan law, injury victims can be held accountable for rear-end collisions if they were operating their vehicle in an unsafe manner. You could be considered at fault or negligent and share responsibility for the rear-end collision if you were:
- Distracted driving – If you were texting or otherwise distracted and contributed to the collision
- Sudden or unexpected motion – If you brake suddenly and without reason or your foot slips off the brake and onto the accelerator
- Unsafe or improper lane changes – If you do not use your turn signal or check your blind spots, your own negligence can cause a collision
Michigan’s modified comparative negligence laws will not prohibit you from recovery and compensation for your damages despite sharing liability as long as your portion of blame does not exceed the 50% bar threshold. However, the liable party will likely attempt to capitalize on the state’s shared fault laws in the hopes of reducing their own financial obligations. You will need to rely on your car accident attorney to ensure fault is accurately evaluated in your case so you are not taken advantage of during this difficult time in your life.
How a Car Accident Lawyer Can Determine Liability
Having a skilled lawyer with experience in negotiations is essential. Your dedicated legal advocate can interact with insurance companies, represent you in court, and advise you of your options is essential to ensuring you receive a fair settlement. We can also identify the elements of negligence to ensure the responsible parties are held accountable to the fullest extent of the law.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Connect with Michigan’s Top-Rated Rear-End Collision Law Firm Today
If you have been injured in a rear-end collision in Michigan, we are here to help. We can answer your questions and assist you through the legal process. Fill out our contact form or call our office for a no-cost, no-obligation consultation today with a skilled and experienced rear-end collision attorney at White Law PLLC who can advise you of your rights, establish negligence and liability, and determine what compensation you may be entitled to.
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