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Michigan Legislature
Michigan Compiled Laws Complete Through PA 336 of 2018
House: Adjourned until Thursday, October 4, 2018 10:00:00 AM
Senate: Adjourned until Wednesday, October 17, 2018 10:00:00 AM

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Section 257.402
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MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949


257.402 Rear end collision; prima facie evidence of negligence.

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


© 2017 Legislative Council, State of Michigan

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Article number: PR111A0FB-F11

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