One Accident, Multiple Parties: Unpacking Liability in Multi-Defendant Lawsuits

Over the past several years, there have been more than 2 million traffic crashes across Michigan. That may sound like an astoundingly large number, but what might be even more surprising is that a significant portion of those accidents involved three or more vehicles. In fact, from 2019 to 2023 (the last year for which we have complete statistics) there were nearly 82,000 multi-car crashes where between three and as many as seven vehicles were involved.

Multi-car crashes (like this dramatic example in Lansing last month involving five vehicles and resulting in 15 serious injuries) can be some of the most devastating – not to mention confusing – cases in personal injury law. With so many victims, and very likely more than one individual partially responsible for the injuries suffered by numerous innocent drivers and passengers, how is blame assessed? And how does Michigan’s no-fault auto insurance law deal with situations where so many people are affected?

The answers to these questions can be as complicated as the collision that initially caused this kind of highway havoc. Let’s take a moment to boil it all down so you can be informed on the topic and act wisely if you should ever happen to be injured in a crash where more than one driver is responsible for your pain and suffering.

First, Michigan law uses a legal concept called “comparative negligence” to assess blame

While no-fault car insurance is designed to streamline the process of getting cars repaired and dealing with medical bills and rehabilitation costs following an automobile accident by having your own insurance company pay for your expenses, the state legislature wisely included a provision in the law regulating no-fault coverage that allows innocent victims to file lawsuits against the drivers responsible for their injuries (and their insurers) if they’ve suffered from “serious impairment of body function” or “permanent serious disfigurement.”

Furthermore, whenever a Michigan plaintiff files a personal injury lawsuit either to recover damages, to take care of unpaid medical bills, or to make up for lost wages resulting from the inability to work following an accident, any settlement awarded in the case is determined based upon the “comparative negligence” of those responsible for the injuries. In other words, the court carefully evaluates the circumstances of the crash to determine the level of responsibility each driver had for the resulting injuries and subsequent financial losses. We’ll clarify how this applies to multi-car accidents in a moment.

In addition, a legal standard called the “51-percent rule” also applies in Michigan, which means that if an offending driver is determined to be 51 percent or more responsible for a crash, the injured parties are entitled to collect damages from that driver and/or his insurance company. (However, if you were injured and are found to have contributed in some way to the cause of the accident, any settlement amount you’re awarded would be reduced by the percentage of blame assigned to you by the jury.)

As you might imagine, in situations where three or more drivers were involved in a crash, making a determination regarding the varying levels of blame that should be assigned to each driver can be quite complex. That’s why it’s vital to have expert witnesses such as traffic crash analysts and accident reconstructionists testify to their findings about the incident, and it’s equally important to hear from any eyewitnesses to the scene who can describe to the jury what they saw happen and explain who they feel was responsible for the collision.

When multiple parties are responsible for causing injuries in Michigan, another piece of legislation comes into play

As you might guess, determining “comparative negligence” actually becomes far more complicated when two or more defendants share the blame for an innocent accident victim’s injuries. The 51-percent rule is just one of multiple factors that must be considered by a jury when assessing who’s responsible for compensating accident victims for their injuries. Beyond that, the jury needs to further break down the blame assigned to all the drivers who contributed to the crash. The state law governing this situation reads as follows: “When 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.”

That essentially means if a jury awards an injured plaintiff a $1 million settlement, and three defendant drivers are found to have contributed equally to the crash, their individual shares of the total award would be roughly $333 thousand each. Similarly, if one of the defendants was deemed 50-percent liable, while the other two were both found to be only 25-percent responsible for the crash, their respective shares of the settlement owed to the victim would be $500 thousand for the driver who’s determined to be most to blame, and $250 thousand for each of the other two defendants.

In legalese, it’s spelled out like this: “A tort-feasor against whom contribution is sought shall not be compelled to make contribution beyond his own pro rata share of the entire liability.” (Hopefully you’ll agree that our explanation is a bit easier to understand! Which is exactly why we always say that you need a dedicated Michigan-based personal injury attorney on your side – but especially so if you’ve been hurt in a multi-vehicle crash!)

If you’ve been hurt by one driver – or by several – there’s a single best way to deal with your pain and suffering

To sum it all up, whether you’ve been hurt by a single irresponsible driver running a red light, or were rear-ended in a complex multi-vehicle crash on I-94, I-96, or I-75, you can count on us to work day and night to help you receive all the compensation you deserve. To get us on your side, it takes just one simple phone call to 855-MIKE-WINS (855-645-3946) or a click of your mouse right here. From the moment you ask for our representation, you’re covered by attorney-client privilege and protected by our famous contingency fee arrangement which guarantees you’ll never spend a penny out of pocket for our services.