How Michigan’s Comparative Negligence Law Affects Your Auto Accident Claim

Being involved in an auto accident can be a stressful and overwhelming experience. If you’re seeking compensation for damages, understanding Michigan’s laws is essential, especially how the state’s comparative negligence system works. Michigan's approach to assigning fault can significantly affect the outcome of your claim and the compensation you may be entitled to. Knowing how this legal framework functions will help you protect your rights and avoid surprises during the claims process.

Understanding Comparative Negligence in Michigan

Michigan operates under a "comparative negligence" rule, which means that responsibility for an accident can be shared between multiple parties. This is different from states that follow a strict fault system, where one party is entirely to blame. In Michigan, you can still recover compensation even if you are partially at fault for the accident, but your recovery will be reduced by your percentage of fault.
There are two types of comparative negligence systems: pure comparative negligence and modified comparative negligence. Michigan follows the modified version. Under this rule, you can only recover compensation if you are 50% or less at fault for the accident. However, your compensation will be reduced in proportion to your level of fault. For example, if you are found to be 20% responsible for the accident, your total damages would be reduced by 20%.

How Fault is Determined

Determining fault in a Michigan auto accident is a critical part of the claims process. Typically, insurance companies, law enforcement, and sometimes the courts will evaluate the circumstances of the crash to decide who was at fault and by how much. Factors that may be considered include:
Traffic laws: Did either driver violate traffic laws, such as running a red light or failing to yield?
Police reports: Did the responding officer issue any citations or record statements that indicate fault? 
Eyewitness testimony: Were there any witnesses who saw the accident and can provide an account of what happened?
Vehicle damage: The location of damage on the vehicles can sometimes indicate how the accident occurred.
It’s important to note that Michigan's no-fault insurance system requires you to first turn to your own insurance for certain expenses, regardless of fault. However, if you suffer serious injuries, you may still file a lawsuit against the other driver, making fault a key factor in your ability to recover additional compensation.

The Impact of Comparative Negligence on Compensation

The comparative negligence rule affects not just the outcome of your case, but the amount of compensation you can receive. Let’s break down a scenario to illustrate how this works in practice.
Imagine you were involved in a car accident where the total damages amount to $100,000, including medical bills, lost wages, and vehicle repairs. After an investigation, it’s determined that you were 25% at fault because you were speeding at the time of the crash, while the other driver was 75% at fault for failing to stop at a stop sign. In this case, your compensation would be reduced by your percentage of fault. Instead of receiving the full $100,000, you would be entitled to $75,000 (a reduction of 25%).
Now, let’s say you were found to be 55% at fault for the accident. Under Michigan’s modified comparative negligence law, because you were more than 50% responsible, you would be barred from recovering any damages, even though the other driver also shared some responsibility for the accident.

Serious Injury and Filing a Lawsuit

Michigan’s no-fault insurance system generally limits your ability to sue another driver after a car accident. Most accidents are handled through personal injury protection (PIP) benefits, which cover medical expenses and lost wages without regard to fault. However, in cases where serious injury occurs, you may be able to file a third-party lawsuit against the at-fault driver.
For example, if you suffer permanent disfigurement, loss of a body function, or a serious impairment, you may be able to seek damages beyond what your PIP insurance covers. This is where comparative negligence comes into play. If your lawsuit is successful, your compensation will still be adjusted based on your percentage of fault.
In these cases, you may be able to recover damages for:
Non-economic losses: Such as pain and suffering, emotional distress, and loss of enjoyment of life.
Excess medical expenses: If your medical costs exceed the limits of your PIP coverage.
Vehicle damage repairs: In cases where the cost of repairs surpasses your insurance coverage.
However, just as with any personal injury claim in Michigan, your ability to recover damages will depend on proving that the other driver was primarily at fault and that your own negligence was less than 51%.

Defending Against Fault Allegations

Because Michigan’s comparative negligence law can drastically reduce or even eliminate your compensation, insurance companies will often try to shift as much fault as possible onto you. This is a common tactic, especially in cases where the fault is not immediately clear. Insurance adjusters may argue that you contributed to the accident, either by speeding, being distracted, or not reacting quickly enough to avoid the collision.
To protect your rights and ensure you are treated fairly, it’s critical to gather and preserve evidence that supports your side of the story. This can include:
Photographs of the accident scene: Skid marks, road conditions, and vehicle positions can provide important clues.
Eyewitness accounts: Statements from people who saw the accident can offer valuable, unbiased information.
Expert testimony: In complex cases, accident reconstruction experts can help determine how the crash occurred and who was at fault.
Working with an experienced personal injury attorney can also be crucial in countering any unfair fault allegations. A skilled lawyer can help gather evidence, negotiate with insurance companies, and advocate for you to receive the full compensation you’re entitled to.

Why You Need Legal Help

Michigan’s comparative negligence law adds complexity to the process of seeking compensation after an auto accident. If you’ve been injured in a crash, it’s important to have a legal professional on your side who understands how to navigate this system. Even a small difference in your percentage of fault can have a big impact on the compensation you receive.
An attorney can help ensure that fault is fairly assigned and that insurance companies don’t take advantage of you. They can also guide you through the claims process, protect your rights, and help you avoid common pitfalls that could reduce your compensation.

Contact Smith & Johnson for Help with Your Auto Accident Claim

Michigan’s comparative negligence law can significantly impact your auto accident claim, especially when it comes to determining your compensation. Understanding how fault is assigned and how it affects your case is crucial for anyone involved in a car accident. If you’ve been injured, navigating Michigan’s legal system can be complex and overwhelming. Don’t face it alone. Reach out to Smith & Johnson for expert guidance. Our experienced personal injury attorneys can help protect your rights and work to ensure you receive the maximum compensation you deserve. Contact our firm today to discuss your case and take the first step toward recovery.