- January 2, 2023
Determining fault in a Michigan auto accident is more complex than you might assume. Assigning liability can be more challenging when more than two vehicles are involved in the accident. Since every collision is different, determining fault requires thorough investigation, sometimes using experts.This blog delves into how fault is determined in multiple-car accidents. If you or a loved one was injured in an auto accident in Michigan, contact our experienced Detroit Auto Accident Lawyer at 248-286-8100. We will carefully listen to you and provide legal guidance.
Why You Should Contact Our Detroit Car Accident Lawyers
At Goodman Acker P.C., we have over three decades of experience representing car accident victims in Michigan. In this time, we have recovered millions of dollars in compensation for our clients and have a 99% success rate. Although Michigan is a no-fault state, we know when fault comes into play in auto accident cases and the different ways of identifying the at-fault party.
We are invested in every case we handle, and our lawyers take a compassionate and aggressive approach to get the best outcome.
When you come to us, we will carefully examine your case to determine if you can seek compensation and identify the party to bring the claim against. Our lawyers are experienced negotiators and litigators and will help you secure a favorable outcome. Contact us today at 248-286-8100 to speak with one of our attorneys.
Is Fault a Factor Under Michigan's No-Fault Laws?
You might wonder why you must determine fault for an accident in Michigan since it's a no-fault state. No-fault laws mean that your car insurance will cover your injuries, no matter who was at fault for the collision.
Drivers can purchase personal injury protection (PIP) coverage as part of their no-fault insurance. Under the new law that became effective in July 2020, PIP is available in various policy limit amounts, ranging from $50,000 to unlimited. Qualified drivers can also opt out of the requirements.
Recovery in a PIP claim is limited and won’t compensate you for non-economic damages, such as pain and suffering, emotional distress, disability, or loss of enjoyment of life. Some states allow policyholders to file a third-party claim when their injuries and damages exceed PIP limits or meet specific criteria. Michigan's laws differ regarding your right to recover damages from a third party.
Third-Party Lawsuits in Michigan
Michigan's no-fault laws limit third-party lawsuits to those plaintiffs who suffered severe injuries. Suppose you want to pursue a claim for your non-economic damages. In that case, you can recover compensation for your entire claim if the accident left you with a disability or severe impairment.
When you file a third-party claim for damages, you must prove negligence to receive reimbursement.
The negligent party is usually the one at fault and is who you’ll file the claim against. In a two-vehicle crash, liability might be easy to identify, but it becomes more complex when dealing with a three-car collision. So, how do you determine fault in such an instance?
Determining Fault in a Three-Car Accident in Michigan
Liability in a three-car accident could fall on any one of the drivers. There will likely be one driver who is primarily at fault for the accident, with the largest percentage of fault. However, if one or both of the other drivers contributed to the collision somehow, then a jury or the court could also assign a percentage of liability to them.
In one scenario, the rear car might be primarily at fault. That vehicle rear-ends the vehicle in the middle, pushing that middle car into the front vehicle. Another scenario is that the middle vehicle rear-ends the front vehicle, and then the rear vehicle hits the middle.
There is a third possibility, although less likely. In some accidents, the front car may stop suddenly, causing a chain reaction. The percentage of liability will vary based on facts such as the reason for stopping, whether they have working brake lights, how close the middle car was following, etc. To determine liability, the insurance company or jury will assign a percentage of liability to each party. The percentage of fault determines who can collect damages.
Modified Comparative Negligence in Michigan
Not every driver is eligible to collect damages; it depends on each vehicle's percentage of fault. Michigan follows the legal theory of modified comparative negligence with a 51% bar. That means if you are deemed 51% at fault or more, you cannot collect any compensation for your damages.
You could collect a percentage of your damages if you are 50% at fault or less. For example, if you are 30% at fault, you could collect up to 70% of your damages. If you are 55% at fault, you will receive nothing.
Because of comparative negligence, insurance adjusters will do whatever possible to assign a higher percentage of liability to the plaintiff or other defendants to avoid paying out. Our Detroit car accident attorney will protect your rights and fight to ensure you are not taken advantage of by the other parties.
Importance of an Independent Investigation in a Three-Car Accident
Determining negligence in an accident with three or more vehicles can be challenging. When you hire our Detroit car accident lawyer at Goodman Acker, P.C., we will conduct a thorough investigation to help build your case. That might require interviewing witnesses, conducting a scene investigation, gathering all documents and evidence, and hiring experts.
Hiring an accident reconstructionist can provide some of the best insight into what happened in a multi-car collision. An accident reconstructionist has special training and qualifications to ensure an accurate recreation of the accident after examining all the facts. Many accident reconstructionists have a background in science or engineering. Some may be ex-law enforcement officers with special training.
Depending on the circumstances, an accident reconstruction will:
- Evaluate the physics of the accident scene
- Calculate vehicle speeds and movements
- Determine the sequence of collisions
- Determine the positions of each vehicle
- Establish who was wearing their seatbelt.
If the three-car accident involves questions of speed, traffic violations, collision severity, the order of impact, etc., your claim could benefit from hiring an accident reconstructionist. Hiring an expert is unnecessary if it’s clear who caused the crash sequence.
How Fault is Determined in a Car Accident -- FAQs
After a car accident, you might have questions about how fault affects your claim. Here are some questions accident victims often ask.
What Compensation Can I Recover in an Accident After Fault Is Determined?
After fault is determined and you file a third-party lawsuit, you can recover damages for medical bills, lost wages, property damage, pain and suffering, loss of enjoyment of life, loss of consortium, etc.
Will Disputed Fault Affect the Timeline of My Case?
Yes. The longer it takes for the at-fault party to be identified, the longer your case will last. Also, trying to apportion liability to the drivers involved can delay your case.
I Was Partly at Fault for My Car Accident. Can I Still Get Compensation?
Yes, you can. But your liability must be less than 51% for you to get compensation. You lose your right to compensation if you are deemed 51% or more at fault.
How Will a Car Accident Lawyer Help Me Identify the At-Fault Party?
Our lawyer will investigate the case and gather evidence, like video and photos of the crash scene, witness statements, and a copy of the police report. If needed, we will get an accident reconstructionist to recreate the scene to identify the at-fault party.
Contact Our Michigan Auto Accident Attorney Today!
Determining fault in a three-car collision is typically complicated. You should be focused on your recovery and getting back to work rather than being stressed and trying to pursue a third-party injury claim. Thankfully, our Detroit auto accident lawyers can help while you focus on recovering and returning to your life.
Contact Goodman Acker, P.C., today at 248-286-8100 to learn how we can help you.