When you’re injured in an accident, one of the most important factors that determines your compensation is fault. More specifically, fault describes how much of the accident was your responsibility. In Michigan, fault is governed by a legal principle called comparative fault, also referred to as comparative negligence.
What is Comparative Fault?
So, what is comparative fault? Comparative fault is a rule used to assign responsibility among all parties involved in an accident. If you are partially at fault for the accident, your award can be reduced by your percentage of fault. For example, if you are 20% at fault and you are awarded $100,000 in damages, you would instead get $80,000.
Michigan’s Modified Comparative Fault Rule
All states in the U.S. have adapted comparative fault. Michigan is one of the states that has modified the rules. Michigan follows a modified comparative fault system with a ‘50% bar rule.’ This means:
- You can only recover damages if you are less than 51% at fault.
- If you are 51% or more at fault, you are barred from recovering any compensation for pain and suffering.
- You can still get compensation for economic damages, but they will be reduced by your percentage of fault.
How is Fault Determined?
Fault is a subjective concept in personal injury law, so determining fault isn’t always straightforward. Insurance companies, courts, and your attorney considers:
- Eyewitness testimony
- Police reports
- Scene evidence (skid marks, vehicle damage, etc.)
- Medical records
- Traffic camera footage
Each party’s actions will be analyzed to assign a percentage of fault. This percentage directly affects the amount of compensation you can be awarded.
How Does Comparative Fault Affect Your Settlement?
In settlement negotiations, insurance companies can argue that you share some responsibility to reduce their payout. Your attorney’s role is to lessen your assigned fault and make sure that you get fair compensation in your personal injury case. If your case goes to trial, a jury will decide how fault is divided.
Why You Need an Experienced Michigan Attorney
Navigating a personal injury claim under Michigan’s comparative fault law can be complex. An experienced attorney will:
- Gather strong evidence
- Challenge unfair fault assignments
- Negotiate with insurance companies
- Maximize your recovery
Final Thoughts
Michigan’s comparative fault law ensures that compensation is fairly distributed based on each party’s level of responsibility. If you’ve been injured and believe you are partially at fault, don’t assume you’re ineligible for compensation. Speak with a knowledgeable personal injury attorney to understand your rights and build a strong case.