The presumption is rebuttable
MCL 257.402 can make a qualifying rear impact prima facie evidence of negligence by the following driver, but it does not create automatic final liability.
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Tell us where the crash happened, how the vehicles moved, what records may exist, and how the injuries changed your life. We will explain the evidence, PIP, liability, and insurance questions that matter.
No. Michigan law can create a presumption of negligence against the following driver in a qualifying rear-end collision, but that presumption can be challenged with evidence. Lane changes, stopping, and earlier impacts may matter. A separate review identifies available No-Fault benefits and whether the injuries support a claim against a responsible driver.
MCL 257.402 can make a qualifying rear impact prima facie evidence of negligence by the following driver, but it does not create automatic final liability.
Stopping reason, lane movement, cut-ins, multiple impacts, speed, visibility, road conditions, emergencies, vehicle condition, and avoidance evidence may support or rebut competing accounts.
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Video, witness memory, vehicle positions, event data, dashcams, phone or infotainment records, tow and repair evidence, traffic-control material, and the early medical chronology can change or disappear.
Exact lanes, controls, movements, impacts, debris, lighting, sight lines, weather, video, witnesses, 911, dispatch, and responder observations.
Vehicle condition and data, phones, apps, infotainment, dashcams, tow, repair, ownership, work purpose, and policies obtained through lawful sources.
PIP priority, liability policies, UM/UIM, assigned claims, ownership, employment, platform, public-entity, and lien issues.
EMS, emergency, imaging, specialists, rehabilitation, work, household, function, prognosis, and future-care proof.
Start with when and where you were hurt, your injuries, and your main concern. You do not need every record before you call.
We ask about the people involved, any letters or offers you received, and information that could affect the next step.
We explain whether we may be able to help, what information is still needed, and what representation would involve.
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A speeding driver struck the vehicle from behind. The wrongful-death recovery included the available underinsured motorist policy limits.
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The crash left Eva with neck and back injuries that worsened over time, required surgery and disrupted her ability to work. We secured a $220,000 settlement.
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Treatment, bills, and insurance questions can arrive at once. We can review your situation and explain how legal help may fit into your recovery.
Use this practical screen to identify the first rear-end accident facts, records, and legal questions worth reviewing. It does not calculate a deadline. No sign-up and no dollar estimate. Your answers are only included if you submit the free case review below. The result is general information, not legal advice.
Question 1 of 5
Share what happened, how it has affected you, and a phone number or email where we can reach you. You can ask for a review before you have every report or insurance document.
The main point: a single citation, device record, police diagram, or insurer decision does not answer every civil, coverage, and injury question.
The verified crash evidence, No-Fault benefits, third-party liability, available policies, serious-injury proof, and any public-road issue must be evaluated separately.
Document why and where the lead vehicle stopped, signals, traffic, visibility, lighting, markings, witness accounts, and following distance.
Lane position, signal use, video, dashcam, vehicle data, sight lines, speed, impact angle, and reaction time may test both accounts.
Fix the first contact, later contacts, vehicle positions, occupants, damage, event data, ownership, policies, and each driver’s pre-impact movement.
Employer, platform, dispatch, route, vehicle-owner, fleet, policy, and preservation evidence may add parties or coverage without deciding fault by itself.
MCL 257.402 addresses prima facie negligence in qualifying rear-end collisions. The Michigan Judicial Institute explains that presumptions can be rebuttable rather than conclusive.
MCL 257.627 addresses careful and prudent speed and assured clear distance, applied to the actual traffic, visibility, road, vehicle, and emergency facts.
MCL 500.3114 and 500.3145 address distinct PIP priority and timing issues; MCL 500.3135 and MCL 600.2959 address motor-vehicle tort and comparative-fault questions.
The collision label, citation, admission, or visible vehicle damage does not establish diagnosis, medical causation, treatment need, functional loss, future care, or case value.
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