Determining who is liable for a car accident in Michigan is essential to successfully bringing a lawsuit for pain and suffering compensation after you have been injured in a crash. The liable parties may include: (1) the at-fault driver, (2) the owner of the at-fault vehicle, (3) the at-fault driver’s employer, (4) governmental entities, and even (5) bars and restaurants.
To help you determine who is liable for your car accident in Michigan, you need the experienced auto accident lawyers at Michigan Auto Law.
With over 50 years of experience, Michigan Auto Law is the top choice for crash victims across the state. Our attorneys focus their practices exclusively on helping people injured in auto crash litigation, giving us the specialized skills that lead to real results, including more million-dollar motor vehicle crash settlements and verdicts than any other lawyer or law firm in Michigan.
We’re not afraid to take on the insurance companies and go to trial if necessary, a reputation that often leads to better, faster settlements for our clients. With over 2,500 5-star reviews and a long list of industry awards, our client-first approach, proven track record, and fearless advocacy make us the trusted leader in auto crash law. When you hire us, you’re choosing experience, results, and a team that will fight relentlessly to get you the compensation you deserve.
Potentially liable parties in a car accident in Michigan
There are several potentially liable parties in a car accident in Michigan, including:
- The at-fault driver – In Michigan, the at-fault driver may be liable for a car accident victim’s pain and suffering (MCL 500.3135(1)), excess medical expenses and lost wages (MCL 500.3135(3)(c)), and wrongful death damages (MCL 600.2922) in the event that the crash took the victim’s life.
- The vehicle owner – Under our state’s “owner liability” rule, MCL 257.401, a vehicle’s owner can be held responsible for injuries or death “caused by the negligent operation of the motor vehicle” – whether the owner or another person was driving.
- Employers – Employers can be held responsible under the doctrine of respondeat superior if an employee caused the crash while “acting within the scope of his or her employment.” (Hamed v. Wayne County)
- Bars and restaurants – A bar or restaurant can be held responsible under Michigan’s dram shop law if the bar or restaurant served alcohol to a minor or a “visibly intoxicated person” who then caused a crash that injures or kills another person.
- Government entities and road maintenance crews – Liability can arise under the highway exception to governmental immunity for crashes caused by unsafe road conditions or negligent maintenance, although these claims must follow specific statutory procedures governing governmental liability.
- Government owned vehicles – A governmental agency could be held responsible under the governmental vehicle exception to governmental immunity when a governmental employee’s “negligent operation” of a governmental vehicle causes a crash that injures or kills someone.
- Governmental employees – A governmental employee could be held responsible under the governmental employee exception to governmental immunity if he or she injures or kills some in a crash and the employee’s conduct amounted to “gross negligence.”
- Vehicle manufacturers – A manufacturer can be held responsible if a defect contributed to the crash, as product liability claims fall outside the no-fault system.
How is liability determined?
In Michigan, determining who is liable for a car accident involves identifying the driver responsible for the crash and demonstrating that his or her driving was negligent.
If a driver is negligent, then he or she is responsible for any resulting crash. In Michigan, auto negligence occurs when a crash is caused by a driver who fails to exercise the “ordinary care” that a “reasonably careful” driver would use under the circumstances. (M Civ JI 10.02)
Common examples include rear-end collisions, which Michigan law presumes are the fault of the driver who “struck the rear end of another vehicle proceeding in the same direction.” (MCL 257.402(a)).
Violations of traffic laws, ordinances, or agency regulations at the time of a crash serve as evidence of negligence. While not automatically proving fault, these violations are considered alongside other evidence to determine liability.
Am I liable if my spouse causes a car accident in Michigan?
In Michigan, if your spouse causes a car accident, you will be liable for any injuries or deaths that result from the crash if you are the owner or co-owner of the vehicle your spouse was driving at the time of the crash.
Under Michigan’s “owner liability” law, the “owner of a motor vehicle is responsible for an injury caused by the negligent operation of the motor vehicle whether the negligence consists of a violation of a statute of this state or the ordinary care standard required by common law.” (MCL 257.401(1))
However, you may not be liable for a car accident in Michigan if you can show that your spouse was driving your vehicle without your “express or implied consent or knowledge.” That is difficult to prove because under the “owner liability” law it “is presumed that the motor vehicle is being driven with the knowledge and consent of the owner if it is driven at the time of the injury by his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the family.”
If your spouse causes a car accident in Michigan while driving a vehicle that you do not own, then it is unlikely you will be liable for the crash or any resulting injuries.
Are parents liable for children’s car accidents in Michigan?
Michigan law provides several avenues for holding parents liable for their children’s car accidents, including:
- The “owner liability” statute – Under MCL 257.401, parents who own the vehicle their child was driving can be held responsible for injuries resulting from the child’s negligent driving, as long as the child had the parent’s express or implied consent. Consent is presumed if the driver is an immediate family member, meaning parents must prove lack of consent to avoid liability.
- Administrative duty – Michigan Administrative Code Rule 28.1201 prohibits parents from knowingly allowing their children to violate traffic laws, creating another legal basis for liability.
- Negligent entrustment – Under common law, parents may be liable for a car accident in Michigan if they knowingly provide a vehicle to a child who is unfit or incompetent to drive safely.
- Negligent parental supervision – Courts have recognized that parents can be held responsible if they fail to reasonably control their child’s behavior, especially when they are aware of the need and have the ability to do so. Specifically, in Muma v. Brown, the Michigan Supreme Court ruled: “[Parental liability can attach in cases where a family-owned motor vehicle is operated by a child without the express or implied knowledge or consent of the parent owners, by reason of failure in the exercise of parental supervision. Such liability is predicated on the judicially knowledgeable fact as well as the settled law that an automobile in the hands of an unlicensed, inexperienced operator can be a dangerous instrumentality. Thus, if a parent knows, or could reasonably be expected to know, that an inexperienced minor operator over whom he can exercise supervision and control will undertake to operate a motor vehicle, the availability of which to such inexperienced driver is also under the control of the parent, the parent is under obligation to exercise a high degree of care to render the vehicle unavailable to the child.”
Can a passenger be held responsible for a crash?
Generally, a passenger in a car accident cannot be held liable in Michigan – especially if all the passenger was doing was “riding” in the vehicle.
However, there are specific situations where a passenger may be found legally responsible based on their own actions or inactions.
A passenger may be liable for a car accident if he or she interferes with the driver’s ability to safely operate the vehicle. Under MCL 257.677(2), it is unlawful for a passenger to “ride in a position as to interfere with the driver’s . . . view ahead or to the sides, or to interfere with the driver’s . . . control over the driving mechanism of the vehicle . . .”
Alternatively, a passenger may be found responsible based on a theory of negligence if the passenger did “something that a reasonably careful person would not do under the circumstances” which caused or contributed to a crash resulting in injury or death. (M Civ JI 10.02)
Injured in a crash and need legal help? Call the attorneys at Michigan Auto Law now for a free consultation!
If you were injured in a car accident in Michigan and are wondering who is liable and how that will affect your injury claim, call Michigan Auto Law now (800) 968-1001 for a free consultation with an experienced auto crash attorney near you. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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