Quick answer
In Michigan, a driver who hits another vehicle from behind is presumed negligent (MCL 257.402), though that presumption can be challenged. If you were rear-ended, especially by a truck, you can usually claim no-fault benefits and also pursue the at-fault driver and company for pain and suffering if your injury meets Michigan's threshold.
- Fault rule
- Rear driver presumed negligent
- Common injuries
- Neck, back and head
- Deadline to sue
- Generally 3 years
About rear-end collision cases
A fully loaded truck needs far more distance to stop than a car. When a truck driver follows too closely, looks at a phone or has worn brakes, a rear-end crash can happen even at moderate speed, with serious neck, back and head injuries as the result.
Inosencio & Fisk represents people rear-ended by trucks, delivery vans and passenger vehicles in Jackson and across Michigan. We prove fault, document how the injury affects your life and push back when insurers call it “just whiplash.”
Common causes of rear-end truck crashes
- Following too closely for the truck's stopping distance
- Distracted driving
- Speeding in traffic or work zones
- Driver fatigue
- Brake failure from poor maintenance
- Sudden lane changes into slowing traffic
Who may be responsible
Truck cases often involve more than one responsible party, and each may carry its own insurance. We look at all of them.
Following driver
Presumed negligent under Michigan law unless the presumption is rebutted.
Trucking or delivery company
Responsible for its driver and for safe schedules and equipment.
Maintenance provider
Brake failures from poor upkeep.
Truck owner or lessor
Insurance coverage and owner's liability.
Evidence we move to preserve
Trucking companies are only required to keep some records for months, and electronic data can be overwritten. We send preservation letters right away.
- Black box speed and braking data
- Dashcam and forward-facing camera video
- Vehicle damage photos and crush measurements
- Driver phone records
- Brake inspection records
- Medical imaging and treatment records
What you may be able to recover
Michigan claims usually have two parts.
No-fault (PIP) benefits
Paid by your own or a household auto policy, regardless of fault.
- Medical and rehabilitation expenses, based on your policy's coverage level
- Lost wages for up to three years, subject to statutory limits
- Replacement services such as household help
- Attendant care and mileage to medical appointments
Claim against the at-fault parties
For losses no-fault does not cover.
- Pain and suffering, when the injury meets Michigan's threshold
- Wage loss beyond no-fault's limits
- Medical costs beyond your policy's coverage level
- Future care and lost earning capacity
- Vehicle and property damage
Michigan law at a glance
| Rule | What it means | Source |
|---|---|---|
| No-fault (PIP) claim notice | Written notice to the insurer within 1 year of the crash | MCL 500.3145 |
| Lawsuit against at-fault parties | Generally within 3 years of the crash | MCL 600.5805 |
| Pain and suffering threshold | Serious impairment of body function, permanent serious disfigurement or death | MCL 500.3135 |
| Shared fault | Recovery is reduced by your share of fault; more than 50% bars pain and suffering | MCL 500.3135(2)(b) |
| Truck driver hours | 11 hours driving after 10 off, no driving past the 14th hour on duty, 30-minute break after 8 hours driving | 49 CFR 395.3 |
| Claims against government | Written notice deadlines as short as 120 days for road defects | MCL 691.1404 |
Deadlines have exceptions and some are shorter. Talk to a lawyer before relying on any date.
What to do after a rear-end crash
Get medical care and follow up
Some injuries, including brain injuries, show up days later. Medical records link the injury to the crash.
Report the crash
Call police and get the report number. Crashes involving commercial vehicles are often investigated in more detail.
Photograph everything
The vehicles, company names, USDOT numbers, the scene, skid marks and your injuries.
Skip the recorded statement
Do not give a recorded statement to the trucking company's insurer before you talk with a lawyer.
Start your no-fault claim
Notify your auto insurer in writing and keep every bill. The notice deadline is generally one year.
Call a lawyer early
We send preservation letters so driver logs, black box data and video are not overwritten or thrown away.
Rear-End Collisions: common questions
Is the rear driver always at fault in a Michigan rear-end crash?
Michigan law presumes the driver who hits a vehicle from behind was negligent, but the presumption can be challenged in some situations. The facts of the crash still matter.
Why are rear-end crashes with trucks so serious?
A loaded truck takes much longer to stop than a car. When a truck fails to stop, the force of the impact can cause severe neck, back and head injuries even at moderate speeds.
Can whiplash be a serious injury?
Yes. Neck injuries can cause long-term pain, limited movement and time away from work. Prompt medical care and documentation are important to show how the injury affects your daily life.
What if I was rear-ended by a truck while stopped in traffic?
You may be able to claim no-fault benefits for medical care and lost wages, and a separate claim against the truck driver and company for pain and suffering and other losses no-fault does not pay.
What if I was the one who rear-ended a truck?
Do not assume you are fully at fault. Sudden stops, missing or broken lights, or an underride guard problem can all be relevant. An attorney can review what happened.
