The Legal Duties Every Driver Owes | Million Dollar Lawyer

Driver obligations--picture of woman driving

In short

Every driver owes others a duty of reasonable care: the care a reasonably careful person would use in the same situation (M Civ JI 10.02). Traffic laws turn much of that duty into specific rules.
Five duties every Michigan driver has: a careful and prudent speed (MCL 257.627), no hand-held phone (MCL 257.602b), no impaired driving (MCL 257.625), yielding and keeping a safe following distance (MCL 257.643, 257.649, 257.650), and carrying insurance and stopping to help after a crash (MCL 500.3101, 257.619).
In Michigan, if a jury finds the other driver broke a state traffic law meant to protect people like you, it may infer negligence unless the driver shows a legal excuse, then decides whether the violation caused the crash (M Civ JI 12.01, 12.02; Klanseck v Anderson Sales & Service, 1986).
A traffic ticket isn't the proof. Michigan bars evidence that a driver was convicted of, or found responsible for, a traffic violation from the injury lawsuit (MCL 257.731), so fault is proved with witnesses, photos, video and the damage to each vehicle.
Your own mistakes count too. In Michigan, your damages drop by your share of fault, being more than 50% at fault bars pain and suffering, and not wearing a required seat belt can cut your recovery by no more than 5% (MCL 600.2959, 500.3135(2)(b), 257.710e(8)).

Another driver ran a red light, turned in front of you or glanced at a phone, and now you’re hurt. If you keep replaying the crash and asking what the other driver should have done, that’s a normal reaction. The short answer: every driver owes everyone on the road a legal duty of reasonable care, and traffic laws spell out much of it. When a driver breaks one of those laws and that helps cause a crash, the violation can help prove fault. Here are five duties every driver has, with Michigan’s rules in the boxes marked “In Michigan.”

In a national survey of car accidents from 2005 to 2007, the National Highway Traffic Safety Administration (NHTSA) assigned the “critical reason,” the last event in the chain leading to the crash, to the driver in about 94% of them. NHTSA cautions that a critical reason isn’t meant to be read as the cause of the crash or as assigning fault (DOT HS 812 115, 2015). See also why some say “crash” instead of “accident”.

Hurt by a driver who broke the rules of the road? Get a free case review. Four quick questions, no cost, no obligation.

What legal duty does every driver owe?

Reasonable care. Negligence is failing to use the care a reasonable person would use in the same circumstances. A negligence claim typically has to show that the other driver owed you a duty, broke it, and caused your harm (Cornell Law School’s Legal Information Institute, or Cornell LII). Creating a risk of harm to others is one way a duty arises (Cornell LII), and every driver does that. Traffic laws turn much of that duty into specific rules.

What are the five duties every driver owes?

Each duty below comes with the Michigan law behind it and what breaking it can mean.

1. Drive at a speed that’s safe for the conditions

The posted limit is a maximum, not a promise that the speed is safe. On ice, in fog or in heavy traffic, a careful speed can be well below the sign.

A silver car rounds a curve on a two-lane road through green woods, past a round speed limit sign reading 50

2. Keep your eyes on the road and your phone out of your hand

In 2024, crashes involving distracted drivers killed 3,208 people in the United States and injured an estimated 315,167 more. Distraction includes eating, talking to passengers and adjusting the radio, not just phones (NHTSA).

3. Drive sober

Alcohol isn’t the only thing that counts. Drugs do too.

In Michigan: No one may drive on a road or other place open to the public, including a parking lot, while under the influence of alcohol, a controlled substance or another intoxicating substance, or with an alcohol content of 0.08 or more (MCL 257.625(1)). Driving while "visibly impaired," or with any amount of a Schedule 1 drug in the body, is also illegal (MCL 257.625(3), (8)). A first offense is generally a misdemeanor, and causing a death or a serious impairment of a body function is a felony (MCL 257.625(4), (5), (9)).

If a business licensed to sell alcohol sold it to the driver while the driver was visibly intoxicated, or to a driver under 21, and that helped cause your injury, you may also have a claim against the seller. The lawsuit must be filed within 2 years of the injury, and written notice must go to every defendant within 120 days after you hire a lawyer for that claim (MCL 436.1801, 436.1109).

4. Yield the right of way and leave room to stop

Right-of-way rules decide who waits. Following-distance rules decide how much room to leave.

In Michigan:

Intersections: yield to a vehicle that has already entered the intersection, and after stopping at a stop sign or slowing at a yield sign, to any vehicle close enough to be an immediate hazard. If two vehicles enter at about the same time, the driver on the left yields to the one on the right (MCL 257.649(1), (2), (6), (8)).
Left turns: yield to oncoming traffic in the intersection or close enough to be an immediate hazard (MCL 257.650(1)).
Driveways, alleys and private roads: stop, then yield to traffic approaching on the road (MCL 257.652(1)).
Following distance: don't follow "more closely than is reasonable and prudent" (MCL 257.643(1)). A driver who hits the back of a vehicle going the same way, or of one lawfully stopped on the road, is presumed negligent unless the evidence shows otherwise (MCL 257.402(a)).

Each of these violations is a civil infraction (MCL 257.643(5), 257.649(10), 257.650(2), 257.652(2)). See who is at fault in a rear-end crash and in a pileup.

5. Carry insurance, and stop and help after a crash

The last duty covers what a driver owes when things go wrong.

In Michigan: The owner or registrant of a vehicle that must be registered here must carry no-fault insurance, meaning personal injury protection (PIP), property protection and residual liability coverage, whenever the vehicle is driven or moved on a public road (MCL 500.3101(1)). An owner who drives without it or lets someone else drive, and anyone who knowingly drives an uninsured vehicle, commits a misdemeanor (MCL 500.3102(2)).

A driver who knows or has reason to believe they were in a crash on a road or other property open to the public must stop and stay until they have given their name, address and vehicle registration number and the owner's name and address, shown their license, and helped anyone hurt get medical care. If they honestly and reasonably believe staying would cause more harm, they must report the crash to the police right away instead (MCL 257.617a, 257.618, 257.619). Leaving the scene of a crash that injured someone is a crime (MCL 257.617, 257.617a).

If the driver who hit you was uninsured, that doesn't cut off your own PIP benefits, which are paid without regard to fault (MCL 500.3105(2)). See what to do when the other driver is uninsured, what to do after a hit-and-run and how Michigan no-fault benefits work.

How does breaking a traffic law help prove fault?

In many states, breaking a safety law without an excuse makes a driver negligent as a matter of law, a rule called negligence per se, and traffic violations are its most common use. The injured person still has to prove the violation caused the harm (Cornell LII). Michigan uses a presumption instead.

In Michigan: Jurors who find that a driver broke a state statute, such as a traffic law, "may infer" that the driver was negligent, then decide whether the violation was a proximate (legal) cause of the crash (M Civ JI 12.01). The Michigan Supreme Court calls this a "rebuttable presumption of negligence": the driver can rebut it with "a legally sufficient excuse," such as an emergency the driver didn't create (Klanseck v Anderson Sales & Service, Inc, 1986; M Civ JI 12.02). The statute must be meant to protect people like you from that kind of harm, and if the violation is undisputed and no excuse is claimed, the jury can be told the driver was negligent as a matter of law (M Civ JI 12.01).

The ticket itself isn't the proof. Evidence that a driver was convicted of, or found responsible for, a traffic violation can't be admitted in a civil case. That covers the Vehicle Code's traffic rules and local traffic ordinances, even when the driver admitted responsibility for the ticket (MCL 257.731, 257.6b).

So fault is proved with the facts: what witnesses saw, photos, video and the damage to each vehicle. The other driver’s insurer handles claims like yours every day and may argue that the violation was excused, didn’t cause the crash or was matched by a mistake of yours. See how fault is decided after a crash and how causation is proved.

A made-up example: A driver turning left hits you as you go straight through a green light. Turning without yielding breaks MCL 257.650(1), so a jury may infer the driver was negligent unless the driver shows an excuse. If the jury also finds your speeding helped cause the crash, the fault is split and your damages go down by your share.

Not sure which rule the other driver broke, or how to prove it? Get a free case review. Four quick questions, no cost, no obligation.

What if you broke a traffic rule too?

In most states, your share of the fault reduces what you recover rather than ending the claim, though some cut off recovery at 50% or 51% and a few bar it for any fault at all (Cornell LII). See each state’s shared-fault rule.

What to do next

Get medical care, and tell every provider how the crash happened.
Write down what the other driver did while it’s fresh: speed, lane, signals, phone use, signs of drinking and anything they said. Keep photos, witnesses’ names and the crash report number (how to preserve crash evidence).
Tell your own insurer in writing. Michigan PIP notice is due within one year of the crash (MCL 500.3145(1)). You have no contract with the other driver’s insurer, so you don’t have the same options you would with your own insurer (Texas Department of Insurance). Get advice before you give it a recorded statement.
Get a free case review before any deadline gets close. Tell us what happened, or compare Michigan injury lawyers, and get any fee agreement in writing.

What waiting can cost

Evidence. Video gets recorded over, memories fade and damaged cars get repaired.
Your PIP benefits. Without written notice or a payment within a year, you can lose the right to sue for Michigan PIP benefits (MCL 500.3145(1)).
A claim against a bar or store. Notice is due within 120 days after you hire a lawyer for it, and the lawsuit within 2 years of the injury (MCL 436.1801(3)).
Your lawsuit. Most Michigan injury lawsuits must be filed within three years (MCL 600.5805(2)).

What a good outcome looks like

The duty the other driver broke is identified and proved with evidence, not assumed from a ticket or an adjuster’s first guess. Your medical bills and lost pay are covered while you heal, any fault put on you matches what really happened, and every deadline is met. From wondering whether the other driver did anything wrong to knowing which duty they broke, how to prove it and what it means for your claim.

For safer habits, see our defensive driving tips and, for new drivers, what to do after a crash as a teen driver. Or browse all our car, truck and motorcycle accident guides.

Frequently asked questions

What legal duties do drivers owe other people on the road?

Every driver must use reasonable care: the care a reasonably careful person would use in the same situation (Cornell LII; M Civ JI 10.02). Traffic laws spell out specific duties. In Michigan, they include driving at a careful and prudent speed (MCL 257.627), not holding or using a phone while driving (MCL 257.602b), driving sober (MCL 257.625), yielding the right of way and not following too closely (MCL 257.643, 257.649, 257.650), carrying no-fault insurance (MCL 500.3101), and stopping to exchange information and help anyone hurt after a crash (MCL 257.617a, 257.619).

Is breaking a traffic law automatically negligence?

In many states it is, unless the driver had an excuse, a rule called negligence per se (Cornell LII). Michigan treats it as a rebuttable presumption instead: a jury may infer negligence from the violation unless the driver shows a legally sufficient excuse, such as an emergency the driver didn't create, and the jury then decides whether the violation caused the crash (Klanseck v Anderson Sales & Service, 1986; M Civ JI 12.01, 12.02).

Does the other driver's traffic ticket prove fault in Michigan?

No. Evidence that a driver was convicted of, or found responsible for, a traffic violation can't be admitted in a civil case (MCL 257.731), even if the driver admitted responsibility for the ticket (MCL 257.6b). Fault is proved with the facts instead, such as witnesses, photos, video and the damage to each vehicle.

The driver who hit me was drunk. Does that prove my case?

It can help, but it isn't automatic. Driving while intoxicated breaks MCL 257.625, and a jury may infer negligence from that violation, but it still decides whether the violation caused the crash (M Civ JI 12.01). Evidence of a drunk-driving conviction can't be admitted in the civil case (MCL 257.731). If a business licensed to sell alcohol served the driver while visibly intoxicated, or served a driver under 21, and that helped cause your injury, you may also have a claim against it. Written notice is due within 120 days after you hire a lawyer for that claim, and the lawsuit within 2 years of the injury (MCL 436.1801, 436.1109).

Can I hold my phone at a red light in Michigan?

No. Since June 30, 2023, Michigan law bars holding or using a phone while operating a vehicle, and that includes being stopped in traffic, at a light or at a stop sign. Hands-free or voice use that takes no more than a single tap, press or swipe is allowed, and so is calling 911 in an emergency. A first violation means a $100 fine or 16 hours of community service, or both, and the fine doubles for a driver at fault in a crash (MCL 257.602b).

Does it matter that I wasn't wearing a seat belt?

It can reduce what you recover from the at-fault driver, but in Michigan by no more than 5%. Failing to wear a required seat belt "may be considered evidence of negligence," but that negligence "must not reduce the recovery for damages by more than 5%" (MCL 257.710e(8)). Your PIP benefits are paid without regard to fault (MCL 500.3105(2)).

Sources

Critical Reasons for Crashes Investigated in the National Motor Vehicle Crash Causation Survey (DOT HS 812 115, February 2015) · National Highway Traffic Safety Administration
Distracted Driving in 2024 (DOT HS 813 790, April 2026) · National Highway Traffic Safety Administration
Negligence (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Negligence per se (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Comparative negligence (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Michigan Model Civil Jury Instructions (updated July 21, 2026): M Civ JI 10.02, 12.01 and 12.02 · Michigan Supreme Court
Klanseck v Anderson Sales & Service, Inc, 426 Mich 78 (1986) · Caselaw Access Project, Harvard Law School
MCL 257.20, "Highway or street" defined · Michigan Legislature
MCL 257.601, Applicability of chapter to operations on highways · Michigan Legislature
MCL 257.627, Speed limits; careful and prudent speed; assured, clear distance ahead · Michigan Legislature
MCL 257.628, Modified speed limits; violation as civil infraction · Michigan Legislature
MCL 257.6a, Civil infraction defined · Michigan Legislature
MCL 257.602b, Holding or using a mobile electronic device while operating a motor vehicle · Michigan Legislature
2023 PA 41 (Enrolled House Bill 4250), effective June 30, 2023 · Michigan Legislature
MCL 257.625, Operating while intoxicated or visibly impaired · Michigan Legislature
MCL 436.1801, Sales to minors or visibly intoxicated persons; dram shop claims; notice and deadline · Michigan Legislature
MCL 436.1109, Definitions ("minor") · Michigan Legislature
MCL 257.649, Right of way at intersections, stop signs and yield signs · Michigan Legislature
MCL 257.650, Right of way when turning left · Michigan Legislature
MCL 257.652, Entering a highway from an alley, private road or driveway · Michigan Legislature
MCL 257.643, Following distance · Michigan Legislature
MCL 257.402, Rear-end collisions; prima facie evidence of negligence · Michigan Legislature
MCL 500.3101, Required no-fault security · Michigan Legislature
MCL 500.3102, Penalty for operating without required security · Michigan Legislature
MCL 500.3105, PIP benefits payable without regard to fault · Michigan Legislature
MCL 257.617, Duty to stop after a crash causing serious impairment or death; penalties · Michigan Legislature
MCL 257.617a, Duty to stop after a crash causing injury; penalty · Michigan Legislature
MCL 257.618, Duty to stop after a crash damaging a vehicle; penalty · Michigan Legislature
MCL 257.619, Duties of a driver involved in a crash · Michigan Legislature
MCL 257.731, Traffic convictions and civil infraction determinations inadmissible in civil actions · Michigan Legislature
MCL 257.6b, "Civil infraction determination" defined · Michigan Legislature
MCL 257.710e, Safety belt requirements; reduced recovery limited to 5% · Michigan Legislature
MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
MCL 500.3135, Tort liability for noneconomic loss; comparative fault in auto cases · Michigan Legislature
MCL 500.3145, PIP notice of injury and limitations · Michigan Legislature
MCL 600.5805, Period of limitations for injuries to persons or property · Michigan Legislature
Accident not your fault? Here's how to deal with the other driver's insurance · Texas Department of Insurance

Updated September 29, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

5 Obligations for Every Driver on the Road