A rear-end collision occurs whenever a car crashes into the back of a vehicle in battlefront of it. many have heard the age-old proverb which states that the driver of the rear fomite is always at demerit in a rear-end collision. This is, however, not truthful as the driver of the presence vehicle may be at mistake under certain circumstances .
Michigan Laws on Rear-end Collisions
Under Michigan law ,1 drivers of the rear vehicles are deemed to be “ leading facie guilty of negligence. ” This means that the driver of the rise vehicle involved in a rear-end collision is presumed to be both at fault in the accident arsenic well as guilty of committing negligence. however, through evidence and testimony, the driver may overcome this presumption of guilt and prove that he or she was neither negligent nor at blame in the collision .
While Michigan law does allow for the rear driver involved in an accident to overcome the given of demerit, overcoming this presumption can be difficult. Michigan drivers are required 2 to drive “ at a careful and prudent speed, not greater than nor less than is fair and proper, having due gaze to the traffic, surface, and width of the highway and of any other condition then existing. ” even more, the same codified mandates that drivers “ shall not operate a fomite upon a highway at a speed greater than that which will permit a hold on within the reassure, clear distance ahead. ” When read together, these two laws create a unmanageable hurdle for the driver of the rear vehicle to overcome .
How Can I Overcome Michigan’s Automatic Presumption of Fault?
As established above, it is not impossible for the driver of the rear vehicle involved in a rear-end collision to overcome the presumption of fault. For example, if the driver of the battlefront fomite was driving without working brake lights at the time of the collision, this evidence could be used to overcome the presumption of negligence .
additionally, if the rise fomite or any of its components were bad at the time of the accident, and the driver was unaware of the defect which happened to be the cause of the accident, they could be able to demonstrate that they did not act negligently. furthermore, the fact that an obscure defect existed at the time of the accident may allow the driver of the rear vehicle to bring a products liability suit against the vehicle ’ s or defective component ’ second manufacturer ( south ).
Xem thêm: Why Does My Car Shake When It Brakes?
Contact a Michigan motor vehicle accident attorney
Do not consider yourself automatically at fault if you are the driver of the rear vehicle in a rear-end collision. If you believe that the collision was caused by the negligence of the driver of the presence vehicle, you may be able to overcome the presumption of liability. If you believe the collision was caused by a defect, you may avoid liability and be able to bring a cause of military action against the manufacturer. In this example, you always want to seek aid from an car accident lawyer who understands this particular type of automobile accident sheath. At Michigan Injury Lawyers, our team of attorneys understand the legal issues that may arise in a rear-end collision case and will always strive to protect your rights to full recovery. Please call 313-438-4357 for a free consultation today.
1 hypertext transfer protocol : //www.legislature.mi.gov/ ( S ( d14q4zb1aaksvkuxaafycmd0 ) ) /mileg.aspx ? page=getObject & objectName=mcl-257-402
2 hypertext transfer protocol : //www.legislature.mi.gov/ ( S ( gtgnguy5pmjyuanywbtccshi ) ) /mileg.aspx ? page=getObject & objectName=mcl-257-627
Posted In: Car Accidents