Michigan Car Accident Laws: A Personal Injury Guide

Explaining at-fault laws in Michigan and auto insurance regulations

When you think of Michigan, perhaps your first thought is of the Detroit Automobile Company, which later became the Henry Ford Company — manufacturer of Ford automobiles. Detroit is headquarters to the "Big Three" American auto manufacturers: General Motors, Ford Motor Co., and Fiat Chrysler Automobiles US.

But Michigan isn't just known for cars… it's also home to Lake Michigan, 1 of the 5 Great Lakes of North America. In fact, it has the longest freshwater coastline in the country and it's the only state that touches 4 of the Great Lakes.

Fun fact: Anywhere you are in Michigan, you're no more than 85 miles from one of the Great Lakes!

If you live in or plan to visit Michigan, this means it's important to know that people are on the move. And where people travel, it's inevitable that there will be car accidents.

Let's take a look at the laws, regulations and statutes relating to Michigan car accidents.

5 common types of car accidents

You can't anticipate what type of car accident you might have — if you could, you'd avoid it. Every accident is different, and your experience will be different from that of any other person.

But there are some common types of car accidents, and understanding how these accidents happen can help you avoid being involved in one.

1. Rear-end crashes

A rear-end crash happens when a vehicle collides with a vehicle in front of it. Often, a rear-end crash is caused by driver inattention, distraction, or tailgating.

Unfortunately, it's hard to prevent being rear-ended. Sometimes, there's literally nothing you can do to stop it. But you can give plenty of notice to a driver behind you that you'll need to slow or stop your car. Signaling early, checking mirrors frequently, and avoiding hard braking are good strategies that could reduce your risk of being rear-ended.

2. Head-on collisions

A head-on collision is the most likely to result in serious injuries or fatality because of the increased amount of force that affects the driver and passengers. One of the drivers in a head-on crash is usually distracted, drunk, speeding, or negligent in some other way.

3. "T-bone" accidents

This is when a vehicle crashes into the side of another vehicle, most commonly at an intersection. Often, this happens because a driver fails to stop at a signal (like a stop sign or traffic light) or fails to yield the right-of-way. Like head-on collisions, a T-bone accident can result in very serious injuries.

4. Sideswipe collisions

Usually, a sideswipe happens when 2 vehicles collide while traveling alongside each other in the same direction. It could also happen when a driver makes a lane change without looking to the side, and they merge into another vehicle.

5. Single-vehicle crash

A single-vehicle crash could happen when a vehicle collides with a pedestrian, bicyclist or animal, a stationary object like a building or tree, or slides off the road.

There are instances when an accident was caused by another driver, such as if you had to swerve off the road to avoid colliding with another car. You might also have crashed because of poor weather conditions like slippery roads, low visibility, or other reasons. There's also a possibility that a vehicle defect (for example, faulty brakes or a loss of power steering) could result in a single-vehicle crash.

Michigan car accident liability laws

Michigan is a no-fault insurance state.

When it comes to fault for a car accident (or any personal injury accident), Michigan follows what's known as the "51% Rule" of modified comparative fault.

When an accident happens that involves more than 1 driver, the insurance companies will determine who's at fault. In many situations, while 1 driver might have caused the accident, there are ways that the other driver might have avoided it and therefore they may be held partially responsible.

For instance, if you collided with another car because the driver made a left turn in front of you when you had the right of way, it's clearly that driver who caused the accident. But it could be determined that you would have avoided the accident if you'd braked sooner, if you were obeying the speed limit, or other behaviors that could have prevented an accident, even though you didn't cause it.

If that happens, the next step is to determine each party's percentage of liability. In the scenario above, perhaps it would be found that the other driver was 80% liable and you were 20% liable, for example.

Determining liability is important, and here's why:

As a plaintiff with a portion of fault, your damage recovery would be reduced according to your allocation of fault. In other words, say the court determines that a defendant owes you $100,000 to cover costs for your injuries. If you were 20% liable, the court would reduce that award by 20% and you'd receive $80,000 in damages.

10 most common causes of car accidents

1. Distracted driving. As people become increasingly reliant on mobile phones for maps, podcasts, music, traffic reports, and other functions, there is a greater urge to check their phones. But you should never, ever handle your phone or any electronic device while driving. Distractions can also include eating, passenger behavior, personal grooming, or any other behavior that takes your mind, eyes or hands-off driving.
2. Drunk driving. It is illegal in Michigan to drive while intoxicated or impaired by alcohol, a controlled substance, or any other intoxicating substance. A driver is not permitted to have a blood alcohol content (BAC) of 0.08% or higher, or any amount of cocaine or any other Schedule 1 controlled substance in their body.A driver under 21 years old is not permitted to drive with any alcohol in their body (their BAC must be less than 0.02%) unless it was consumed at a "generally recognized religious ceremony."
3. Aggressive driving. "Road rage" is when a person becomes so angry at another driver that they might bully or even physically harm someone because they're annoyed at something about their driving. Aggressive driving doesn't always involve anger at a specific individual, though. Some drivers might be impatient and speed or swerve around cars they think are driving too slowly, make unsafe lane changes, or behave recklessly in some other way that could result in an accident.
4. Speeding. Some speeding is aggressive, and some is just carelessness. Speeding doesn't get you to your destination any faster if you crash. And when you speed, you have less time to react to a traffic situation in front of you and less time to stop if necessary.
5. Reckless driving. Similar to aggressive driving, reckless driving is any kind of action behind the wheel that's unsafe. It might be speeding, weaving, dodging other cars, failure to stop at lights or stop signs, or any other number of aggressive driving practices that break road rules or are unsafe.
6. Inexperienced drivers. Your teenager might be the most responsible kid around, and they might care a lot about following road rules, driving at the correct speed, heeding stop lights and signs, and doing everything "right." But younger drivers are inexperienced. That lack of experience could cause even the most careful driver to misjudge the speed of an oncoming car, poorly execute a turn, or make other mistakes that result in an accident. And, some teenagers are more likely to take risks than an older driver would. Statistically, younger male drivers are most likely to make risky driving decisions.
7. Tailgating. Tailgating is when a driver follows too closely behind the driver in front of them. Some tailgating is aggressive, but sometimes it happens because the driver is distracted or simply doesn't see the practice as dangerous. When traveling 55 mph, you should leave 16 car lengths (which is about 243 feet) between your vehicle and the car in front of you. Tailgating is dangerous because when you're too close to another vehicle, you don't have enough time to stop if you need to do so quickly.
8. Weather conditions. Michigan has its fair share of severe weather — ice, snow (and lake-effect snow), wind, and other conditions are a regular part of life in the Great Lakes State. When the weather is extreme, it's best to stay off the roads when you can. But when that's not practical or realistic, exercise caution and drive slowly.
9. Failure to obey traffic laws. Traffic laws are more than just stopping at red lights. Following the speed limit, staying in your lane, passing bicyclists safely, and yielding to pedestrians are just some of the many necessary aspects to driving responsibly. Be familiar with the traffic laws in your local area and state, and obey them to reduce your risk of a collision.
10. Failure to stop at a red light or stop sign. Although stopping for stop signs and traffic lights are part of following traffic rules, they're also among the ones drivers break most often. Even if you think you're driving through a "quiet" intersection, you must stop completely at stop signs and lights.