One of the more common kinds of car crashes is rear-end collisions. Determining fault for a rear-end collision is not always cut and dry and might require an investigation. Often, rear-end collisions are caused by drivers who are following too closely or speeding.
Rear-end collisions could be prevented if drivers are attentive and adhere to traffic regulations. Michigan uses modified comparative negligence, so if you are not more than 51% at fault for the accident you can pursue a personal injury claim against the other driver. The preliminary investigation and accident report might indicate who was at fault and what were the contributing factors to the accident.
If you have been rear-ended, you should consult with a personal injury lawyer so the crash can be investigated further and all evidence can be preserved.
Michigan Rear-End Laws
Rear-end accidents are some of the most common types of vehicle accidents. In most cases, compensation for medical bills is paid by the injured party’s own insurance provider under Michigan’s no-fault auto laws. Unless the accident has caused ‘serious impairment or bodily function’ there is no path to sue the at fault driver for negligence and recover personal injury compensation as there might be in fault states.
In the event that the accident caused very serious injuries for which the injured driver’s no fault auto insurance will not be enough to cover, the state allows the injured driver to sue the at fault driver as long as negligence can be proven.
In Michigan, rear end accident liability is normally determined to be with the driver at the rear if the accident was caused when this driver attempted to overtake the vehicle in front as long as that vehicle was driving in the same direction. There may be other rear end accidents which may not fit this particular rule exactly. State law then rules that whichever driver is proven to have been negligent will be liable for compensation in a personal injury claim.
In the event that the injured driver suing the other driver was determined to be partially at fault, the amount of compensation requested is reduced by the percentage fault of the plaintiff.
If the injured driver in a rear end accident is able to sue the at fault driver, compensation can be requested for such things as:
- pain and suffering;
- excess medical bills;
- lost wages; and
- other economic damages.
The statute of limitations in Michigan for personal injury claims is 3 years from the date of the accident.
Michigan No Fault Policy
Michigan is a No Fault insurance state which means that the insurance company will reimburse both parties that are involved for their medical expenses. There are no lawsuits involved for injuries that do not exceed a certain severity.
On average, Michigan has the most expensive auto insurance policies in the country. Michigan policies have three parts. If you are rear ended the one that will apply is PIP or Personal Injury Protection. This part of the standard car insurance policy in Michigan will cover all necessary medical bills and does not have an upper limit. In addition, it will also cover your lost income (up to 85%) over the three years following the accident. If your injuries keep you from doing things around the house, such as maintaining your property or cleaning, you will also be entitled to a small daily stipend.
No Fault insurance states do not cover everything however. This only applies to medical expenses. If your vehicle is damaged, you will still have to prove that you were not at fault and the other driver’s insurance policy will cover the costs to repair your vehicle.
It is worth noting that there are exceptions to this policy. Accidents that result in serious injuries and death can be brought to a lawsuit. In addition, if the accident was out of state or not between two Michigan drivers, the case will be a little more complicated.
How Negligence Plays A Role In Rear-End Collisions
If you were involved in a rear-end collision, negligence has played a role. If you can prove a driver was negligent and that he or she was at fault for the crash that resulted you have a strong personal injury claim.
Any statements from witnesses, photos of the crash scene and damages to the vehicles, the accident report, medical reports, and repair estimates can be used to help you prove that negligence led to your car accident. Just like other crashes, rear-end accidents could be avoided.
By showing what caused your crash, you can successfully argue your case and be compensated for your losses.
Damages That Might Result From A Rear-End Collision
A rear-end collision causes a ripple effect throughout a vehicle so major damages can result to your car or truck. Your vehicle might suffer more than the visible damage at the back of the vehicle. There could be damage to the undercarriage and mechanical damages.
Take your vehicle to a qualified repair shop for a through inspection and a written estimate for repairing the damages. You will also have medical expenses, lost wages, pain and suffering, loss of enjoyment of life, emotional trauma, loss of consortium, disability, and disfigurement.
Keep all evidence and documentation to support your claim and to show the damages that resulted from the accident and how those damages have impacted you.
Consult With A Michigan Personal Injury Lawyer
If you have been involved in a rear-end collision, you should consult with a Michigan personal injury lawyer. With the help of a lawyer, you can prove who was at fault for the crash and the damages that resulted from the accident.
Your attorney will investigate the accident, help build your case and collect supporting evidence and documentation. There is a two-year time limit to pursue a personal injury claim against a party in Michigan, so you should consult with an attorney as quickly as possible after your accident.
There will be no out of pocket expense or upfront costs because accident injury lawyers are paid on a contingency basis. Schedule a free case evaluation today!
