Michigan's Comparative Negligence Law
Michigan follows a "comparative negligence" system, which means you can still recover compensation even if you were partially at fault for an accident. However, your compensation will be reduced by your percentage of fault.
Here's how it works:
- If you're 30% at fault, you can recover 70% of your damages
- If you're 50% at fault, you can recover 50% of your damages
- If you're more than 50% at fault, you cannot recover anything
The key threshold is 51%, if you're found to be 51% or more at fault, Michigan law bars you from recovering any compensation.
Common Examples of Shared Fault
Many accidents involve some degree of shared responsibility:
- Car accidents - You were speeding but the other driver ran a red light
- Slip and falls - You were texting while walking but the store failed to clean up a spill
- Workplace injuries - You weren't wearing safety equipment but the employer provided inadequate training
- Dog bites - You teased the dog but the owner failed to control their pet
In these situations, fault is rarely black and white, and compensation can still be available.
How Insurance Companies Use Comparative Fault Against You
Insurance companies understand comparative negligence law and will try to maximize your fault percentage to minimize their payout:
- They'll investigate aggressively to find any way you contributed to the accident
- They'll highlight minor violations and blow them out of proportion
- They'll use your statements against you - any admission of fault, however small
- They'll hire accident reconstruction experts to support their version of events
- They'll argue you could have avoided the accident with different actions
Their goal is to either deny your claim entirely (by claiming you're more than 50% at fault) or reduce their payment by inflating your fault percentage.
Defending Against Comparative Fault Arguments
A skilled attorney can fight back against unfair fault allocation:
- Gather evidence that shows the other party's negligence was the primary cause
- Interview witnesses who can support your version of events
- Hire experts to reconstruct the accident and assign appropriate fault percentages
- Challenge the other side's evidence and expert opinions
- Present your case effectively to judges and juries
Even a small change in fault percentage can mean thousands of dollars in additional compensation.
When Comparative Fault Doesn't Apply
There are some situations where comparative negligence doesn't reduce your recovery:
- Intentional acts - If someone deliberately hurt you, your contributory negligence usually doesn't matter
- Certain statutory violations - Some safety laws place absolute responsibility on one party
- Product liability cases - Defective products can create strict liability regardless of user error
- Some premises liability cases - Property owners may have absolute duties in certain situations
An experienced attorney can identify when comparative fault shouldn't apply to your case.
The Importance of Early Investigation
Fault determinations often depend on evidence that can disappear quickly:
- Surveillance footage - Often deleted within days or weeks
- Physical evidence - Accident scenes are cleaned up or repaired
- Witness memories - People forget details over time
- Police reports - May contain incomplete or inaccurate information
The sooner you have legal representation, the better chance you have of preserving evidence that supports your version of events.
Don't Admit Fault at the Scene
Many people's natural reaction after an accident is to apologize or accept some blame, even when it's not warranted:
- "I'm sorry" - This natural expression of sympathy can be twisted into an admission of fault
- "I didn't see you" - Could be used to argue you weren't paying attention
- "I should have been more careful" - Sounds like an admission of negligence
- Any speculation about what you could have done differently
Stick to basic facts about what happened and leave fault determination to investigators and attorneys.
Even Partial Recovery Can Be Significant
Don't assume that being partially at fault means your case isn't worth pursuing. Consider these examples:
- If you suffered $100,000 in damages and are found 30% at fault, you can still recover $70,000
- If you're 40% at fault in a $200,000 case, you can recover $120,000
- Even at 49% fault, you can recover 51% of your damages
These amounts can be life-changing for injury victims and their families.
Don't Let Fault Fears Stop You
Many injury victims don't pursue valid claims because they worry about being partially at fault. This allows insurance companies to avoid paying compensation they should pay under Michigan law.
At Shiraz Law Firm, we regularly handle cases involving comparative negligence. We know how to minimize our clients' fault percentages and maximize their recovery, even in complex cases where multiple parties share responsibility.
Don't let fear of partial fault prevent you from seeking the compensation you deserve. Let us evaluate your case and fight for the best possible outcome.
