Detroit Rear-End Accident Lawyer: Proving Fault and Getting Paid

Rear-end collisions aren’t just “fender benders.” They’re violent, jarring, and often leave victims with serious injuries—even when the damage to the vehicles looks minor. You might be dealing with whiplash, back or neck trauma, a concussion, or pain that didn’t show up until days later. You could be missing work, juggling medical bills, or stuck without transportation.

Let’s be clear: you didn’t cause this—and you shouldn’t be left paying for it.

At Marko Law, we know exactly how these cases play out. We’ve gone toe-to-toe with the insurance companies that try to downplay your pain or shift the blame. We know Michigan law, Detroit traffic patterns, and the courtroom tactics needed to get justice.

If you were rear-ended in Detroit—whether on the Lodge, 94, Woodward, or a neighborhood street—we’re here to fight for the compensation you’re owed. No runaround. No soft settlements. Just hard-hitting representation for people who’ve been wronged.

Michigan Law: Who’s At Fault in a Rear-End Crash?

In Michigan, the law is usually on your side if you were rear-ended. MCL 257.402 creates a strong presumption: if another driver hit you from behind, they are at fault.

Why? Because every driver has a legal duty to maintain a safe following distance and be prepared to stop. Failing to do that is considered negligence—plain and simple.

When the Rear Driver Is Presumed at Fault

If you were:

• Stopped at a red light
• Slowing for traffic
• Legally yielding or braking for a hazard

…and got slammed from behind, that driver is almost always presumed liable.

Are There Exceptions?

Yes, but they’re rare—and the at-fault driver has the burden of proof. Some exceptions include:

• Sudden and unnecessary stop by the front driver
• Brake failure or mechanical issues (must be proven with evidence)
• Cut-off by another vehicle that made stopping impossible

Even in these cases, the rear driver must prove they acted reasonably—which is a high bar.

Comparative Negligence in Michigan

Michigan follows modified comparative negligence rules. This means:

• If you’re found partially at fault, your compensation may be reduced by your percentage of fault.
• But if you’re more than 50% at fault, you may be barred from recovering non-economic damages (like pain and suffering).

Example: If a jury finds you 20% at fault and awards $100,000, your payout is reduced to $80,000.

Michigan No-Fault Law and Rear-End Collisions

Personal Injury Protection (PIP) Benefits: Covered Regardless of Fault

Under Michigan’s No-Fault Law, your own auto insurance must cover certain expenses—no matter who caused the crash. These include:

• Medical bills (hospital visits, surgeries, rehab)
• Lost wages (typically up to 85% of your income for up to 3 years)
• Replacement services (help with daily tasks like cooking or cleaning if you’re injured)
• Mileage reimbursement for medical travel

Even if you were clearly rear-ended, your first line of coverage is your own policy.

When Can You Sue the At-Fault Driver?

If your injuries meet the “serious impairment of body function” threshold under MCL 500.3135, you can step outside No-Fault and file a lawsuit for:

• Pain and suffering
• Emotional distress
• Excess wage loss beyond PIP limits
• Long-term disability or disfigurement

This applies when injuries are significant, long-lasting, and affect your ability to live or work normally. At Marko Law, we work with top medical experts to prove your injuries qualify—and make sure you get compensated for everything you’ve lost.

Mini Tort Claims: Recovering for Vehicle Damage

Under Michigan’s mini tort law, you can also sue the at-fault driver for up to $3,000 to cover vehicle damage not paid by your own insurance (like your deductible).

This is a separate claim—and one we often pursue in addition to your injury lawsuit.

Proving Fault and Strengthening Your Case

Police Reports and Traffic Citations

A police report is often the first—and strongest—piece of evidence. If the rear driver was cited for:

• Following too closely
• Distracted driving
• Speeding
• Driving under the influence

…it adds immediate weight to your claim. Even without a citation, a neutral officer’s observations about vehicle positions and statements can back your version of events.

Eyewitness Statements and Surveillance Footage

We identify and interview:

• Other drivers who saw the crash
• Pedestrians or nearby workers who heard or witnessed the impact
• Businesses with exterior surveillance cameras

In some cases, dashcam footage or Ring doorbell video can show exactly what happened—turning a “he said, she said” into a slam-dunk.

Vehicle Damage Reports and Black Box Data

Modern cars record key crash data, including:

• Speed
• Braking activity
• Impact force
• Steering input

This black box data helps prove how fast the rear driver was going and whether they tried to stop. Combined with photos of crumpled bumpers and crushed trunks, this tells the story your body already knows.

Expert Accident Reconstruction

If fault is disputed, we bring in certified accident reconstructionists who use:

• Skid marks
• Crush damage
• Vehicle positioning
• Scene measurements

…to rebuild the collision and confirm who caused it. This is especially powerful in serious injury or wrongful death claims.

Medical Records That Link Your Injuries to the Crash

We work with your doctors to connect your injuries directly to the rear-end impact—including soft tissue damage, herniated discs, head trauma, or chronic pain. These records are crucial for proving the crash didn’t just damage your car—it changed your life.

What Compensation Can You Recover?

Medical Expenses (Past and Future)

Rear-end collisions often cause:

• Whiplash and soft tissue damage
• Spinal injuries and nerve damage
• Concussions and post-traumatic symptoms
• Surgery and ongoing rehab

Lost Wages and Diminished Future Earnings

If your injuries forced you to miss work—or altered your career permanently—we demand compensation for:

• Time off work during recovery
• Lost income from temporary or permanent disability
• Missed promotions or lost job opportunities
• Reduced earning potential

Pain and Suffering

Physical pain, emotional trauma, sleepless nights, anxiety behind the wheel—these are real losses. Under Michigan law, you can recover for:

• Chronic pain
• Emotional distress
• Depression or PTSD symptoms
• Loss of enjoyment of life

Vehicle Repair or Replacement

Rear-end crashes often result in:

• Crushed trunks or bumpers
• Frame damage
• Airbag deployment
• Total loss of your vehicle

Wrongful Death Damages (If Fatal)

If your loved one died in a rear-end collision, we pursue:

• Funeral and burial costs
• Loss of companionship
• Loss of financial support
• Emotional suffering of family members

Punitive Damages in Gross Negligence Cases

If the driver who hit you was:

• Drunk or high
• Racing or road-raging
• Knowingly driving a dangerous vehicle

…we pursue punitive damages to punish them and prevent others from doing the same. This is about more than compensation—it’s about sending a message.

What to Do After a Rear-End Collision

Call 911 and Report the Crash

Even if the damage seems minor, call the police. A formal report:

• Documents who was involved
• Notes any injuries
• Records the at-fault driver’s statements or behavior
• May include citations that support your claim

Document the Scene

Use your phone to gather as much evidence as possible:

• Photos of all vehicles, especially the damage
• The surrounding scene (skid marks, stoplights, traffic signs)
• Driver’s license and insurance info
• Contact info for any witnesses
• License plate numbers and any debris

Get Medical Attention Right Away

Some injuries—like whiplash or brain trauma—don’t show symptoms immediately. Don’t wait.

• Go to the ER or urgent care
• Follow up with your doctor
• Document all symptoms, pain, and treatment

Early medical records are critical for linking your injuries to the crash and preventing insurers from claiming “you must not have been hurt that bad.”

Don’t Admit Fault or Talk to the Other Driver’s Insurance

The other driver’s insurer isn’t your friend. They’ll look for anything to deny or devalue your claim. Don’t say:

• “I’m fine”
• “Maybe I stopped too fast”
• “It’s not that bad”

Even casual statements can be used against you. Let your lawyer do the talking.

Contact Marko Law Immediately

The sooner we’re involved, the stronger your case. We’ll:

• Preserve evidence before it disappears
• Communicate with insurance adjusters
• Handle medical documentation
• Launch a full investigation to prove liability

Don’t Get Stuck Holding the Bag

Rear-end crashes are frustrating, painful, and often life-disrupting. You were careful. You did nothing wrong. Yet now you’re stuck dealing with injuries, car repairs, time off work, and an insurance company that’s doing everything it can to minimize your suffering.

At Marko Law, we don’t back down—and we don’t settle for lowball offers. We’ve helped countless Detroit crash victims get full compensation for their pain, losses, and long-term recovery. Whether you were hit on I-75, Jefferson Ave, or any road in Michigan, we bring the firepower, legal expertise, and aggressive strategy needed to win.

Let’s stop the runaround. Let’s build your case. Let’s get justice.

Contact Marko Law for a Free Case Evaluation

📞 Phone: 1-833-MARKO-LAW or 1-313-777-7777
📍 Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com

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