Michigan Vehicle Code, section by section › MCL 257.402
Rear end collision; prima facie evidence of negligence.
In plain terms
A driver who hits the rear of a vehicle traveling the same direction, or lawfully stopped on the road, is presumed negligent. The presumption also reaches the driver's employer and the owner, and it does not apply to a vehicle struck at night that showed no light to the rear.
How this section works in practice
The rear-end presumption is the strongest liability rule in Michigan traffic law and it explains why most rear-end claims settle on fault quickly. The injured driver proves only that she was traveling ahead in the same direction, or was lawfully stopped, and that the other vehicle struck her from behind; the burden then shifts to the striking driver to explain the crash with evidence that overcomes the presumption, such as a sudden and unforeseeable stop or a vehicle that cut in with no room. Insurers know this, so the fight in a rear-end case is almost always about the injury and the threshold under MCL 500.3135, not about who was at fault. Two limits are worth knowing. The presumption is rebuttable, so a driver who was stopped in a live lane at night without lights, the subsection (b) situation, loses it. And it applies to the employer of the driver, which brings a trucking company or delivery fleet into the case directly under this section as well as under the owner liability rule in section 401.
Text of MCL 257.402
Sec. 402.
(a) In any action, in any court in this state when it is shown by competent evidence, that a vehicle traveling in a certain direction, overtook and struck the rear end of another vehicle proceeding in the same direction, or lawfully standing upon any highway within this state, the driver or operator of such first mentioned vehicle shall be deemed prima facie guilty of negligence. This section shall apply, in appropriate cases, to the owner of such first mentioned vehicle and to the employer of its driver or operator.
(b) This section may not be invoked by the owner of any vehicle, the rear of which was struck under the circumstances above mentioned, if the accident occurred between 1 hour after sunset and 1 hour before sunrise, and the vehicle so struck did not, at the time, have a lighted lamp or lantern reasonably visible to the drivers of vehicles approaching from the rear.
History: 1949, Act 300, Eff. Sept. 23, 1949
Source: MCL 257.402 at legislature.mi.gov (official text). Text as published in the 2025 edition of the Michigan Compiled Laws; reviewed by Koussan Law on September 19, 2026.
Practice pages
Important: This is not legal advice
This article is general information about Michigan personal injury law. It is not legal advice and should not be relied on as a substitute for consultation with a licensed Michigan attorney about your specific situation. The laws, deadlines, procedures, and frameworks here are general guidelines that may or may not apply to your case.
Every personal injury case turns on its own unique facts. The timing, the parties, the evidence, the jurisdiction, the insurance available, and dozens of other variables can change the legal analysis. Do not rely on anything written on this website to make decisions about your case.
If you have been injured in Michigan, the only responsible step is to speak with a licensed Michigan attorney about your specific facts. Call Koussan Law at (313) 800-0000 for a free consultation, or contact a different Michigan personal injury attorney of your choosing.
Reading this article does not create an attorney-client relationship with Koussan Law. Past results do not guarantee future outcomes.
