Who Is Responsible For My Crash In Detroit?

Determining fault in a Detroit crash is the first step toward recovering pain and suffering compensation and money damages for excess medical bills, lost wages, and, in the worst cases, wrongful death.

Multiple parties may be responsible, including drivers, vehicle owners, employers, government entities, and even bars or restaurants. Proving liability takes experience, legal skill, and the ability to navigate complex legal rules.

If you’ve been hurt in a crash in Detroit, you need a knowledgeable attorney who understands the nuances of liability law and has a track record of holding negligent parties accountable.

Who Can Be Held Liable in a Detroit Crash?

An experienced Detroit auto accident lawyer can help you determine who is liable for a car accident in the Motor City. Potentially liable parties include:

• At-fault driver – The driver who caused the crash may be responsible for your pain and suffering (MCL 500.3135(1)),excess economic losses (MCL 500.3135(3)(c)), or wrongful death damages (MCL 600.2922), depending on the severity of the crash and the applicable laws.
• Vehicle owner – Even if the owner wasn’t driving, they may be liable under Michigan’s “owner’s liability” statute (MCL 257.401) for injuries or death “caused by the negligent operation of the motor vehicle.”
• Employer of the driver – If the at-fault driver was “acting within the scope of his or her employment,” the employer may be legally responsible for the crash under the doctrine of respondeat superior. (Hamed v. Wayne County) 
• Bars and restaurants – A bar or restaurant may be liable under the state’s dram shop law if it served alcohol to a “visibly intoxicated person” or a minor who later caused the crash.
• Government entities and road crews – If poor road design, potholes, or negligent maintenance contributed to the crash, a governmental body or road commission may be held responsible under the highway exception to governmental immunity.
• Government-owned vehicles – When a government vehicle is involved and the crash results from a public employee’s negligent driving, the agency may be liable under the governmental vehicle exception to governmental immunity.
• Government employees – If a public employee’s gross negligence causes a crash, they may be held personally liable under the governmental employee exception to governmental immunity.
• Vehicle manufacturers – If a vehicle defect contributed to the crash, the automaker could be sued under product liability law.

How Is Liability Determined in a Detroit Crash?

Establishing liability starts by showing that the driver or other party acted negligently.

Auto negligence in Michigan is defined as the failure to use “ordinary care” that a “reasonably careful person” would use under similar circumstances. (M Civ JI 10.02). Evidence of negligence might include:

• Rear-end collisions (which are often presumed to be the fault of the trailing driver) (MCL 257.402(a))
• Violations of traffic laws or city ordinances
• Failure to yield, speeding, or distracted driving

While breaking a law doesn’t automatically prove fault, it can be strong evidence that supports your claim. An experienced attorney will gather and present the right evidence to establish liability.

Am I Liable if My Spouse Caused a Crash in Detroit?

If your spouse was driving a vehicle titled in your name and caused a crash, you could be held liable under Michigan’s owner liability law. (MCL 257.401(1)) That’s because the law presumes that spouses have permission to use each other’s vehicles. 

To escape liability, you would have to prove your spouse did not have your consent to use the vehicle (a very difficult standard to meet). 

However, if your spouse was driving a vehicle you do not own, you likely cannot be held liable.

Can Parents Be Liable for a Child’s Crash?

Parents may be held responsible for crashes caused by their children under several legal theories, including: 

• Owner liability – If the parent owns the vehicle and gave permission for the child to drive, they can be liable. (MCL 257.401).
• Negligent entrustment – If a parent lets an inexperienced or unfit child drive a vehicle, they may be responsible for the harm that results.
• Negligent supervision – Courts have held that parents can be liable for failing to supervise a child who is known to be unsafe behind the wheel. In Muma v. Brown, the Michigan Supreme Court held that “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.”
• Administrative code violations – Michigan Administrative Code Rule 28.1201 prohibits knowingly allowing one’s children to violate traffic laws.

Can a Passenger Be Liable for Causing a Crash?

Although a passenger in a car accident are typically not liable, exceptions exist. A passenger could share responsibility if they interfere with the driver’s ability to safely operate the vehicle. Liability may attach if the passenger:

• Interfered “with the driver’s . . . view ahead or to the sides,” or “with the driver’s . . . control over the driving mechanism of the vehicle . . .” (MCL 257.677(2))
• Did “something that a reasonably careful person would not do under the circumstances” which caused or contributed to a crash that resulted in injury or death. (M Civ JI 10.02) 

Under Michigan law, such actions could support a claim that the passenger acted negligently.

Why You Need a Lawyer to Prove Fault in a Detroit Crash

Proving liability isn’t always straightforward. There may be multiple parties involved, and insurance companies will often try to shift the blame. A skilled auto accident injury lawyer in Detroit can:

• Conduct a thorough investigation
• Gather and preserve crucial evidence
• Retain experts in crash reconstruction or engineering
• Subpoena surveillance footage, phone records, and eyewitness testimony
• Apply the correct legal standards to establish fault

Without experienced representation, you could lose out on compensation or even have your claim denied.

How Fault Affects Your Ability to Recover Damages

In Detroit, Michigan’s comparative fault rule applies. That means:

• If you are less than 51% at fault, you may still recover damages
• Your compensation will be reduced by your percentage of fault
• If you are more than 50% at fault, you cannot recover for pain and suffering

 Determining comparative fault accurately is key to ensuring you receive what you deserve.