Michigan’s Comparative Fault Rule: What It Means for Your Crash Claim

If you were involved in a car accident in Macomb, Wayne, or Oakland County and someone is suggesting that you were partly at fault, Michigan’s comparative fault rule determines how that may affect your legal claim. Understanding how the rule works and what it means for the damages you may recover is important when navigating a crash claim in Michigan.

What Michigan’s Comparative Fault Rule Says

Michigan’s comparative fault rule is codified at MCL 600.2958 and MCL 600.2959. Under MCL 600.2958, a plaintiff’s contributory fault does not automatically bar recovery of damages. This means that even if you were partly responsible for a crash, you are not necessarily prevented from pursuing a claim.

MCL 600.2959 addresses how shared fault affects the damages an injured person may recover. The court reduces damages by the percentage of fault assigned to the injured person. If the injured person’s percentage of fault is greater than the combined percentage of fault assigned to all other parties, economic damages are reduced according to the injured person’s percentage of fault, and noneconomic damages, such as pain and suffering, are not awarded.

For example, if you are found to be 30 percent at fault and the other driver is 70 percent at fault, your damages are generally reduced by 30 percent. If you are found to be 51 percent at fault and the other driver is 49 percent at fault, your economic damages are reduced by 51 percent and you cannot recover noneconomic damages.

How Fault Is Determined

Fault is determined based on the facts and evidence surrounding the crash. Evidence may include witness testimony, photographs and video, physical evidence from the scene, and other available documentation. When a case goes to trial, the factfinder determines the percentage of fault attributable to each party.

This is why preserving evidence after a crash can be important. Photographs, witness contact information, and available surveillance or dash cam footage may help establish how the collision occurred and what actions each driver took before the crash.

Why Comparative Fault Matters After a Crash

Comparative fault can become an issue whenever the actions of more than one person may have contributed to a collision. For example, questions may arise about whether a driver was speeding, failed to yield, followed another vehicle too closely, disregarded a traffic signal, or otherwise contributed to the circumstances leading to the crash.

The percentage of fault assigned to each party can directly affect the damages available in a civil claim. Because these determinations depend on the specific evidence and circumstances of each accident, fault should be evaluated on a case-by-case basis.

What This Means for Your Claim

If an insurer or opposing party asserts that you were partly responsible for a crash, the percentage of fault assigned to you may significantly affect the damages you can recover. An attorney can review the available evidence and evaluate how Michigan’s comparative fault rules may apply to the circumstances of your case.

Michigan’s no-fault system generally provides eligible accident victims with PIP benefits without regard to fault. Comparative fault becomes particularly important when determining damages in a claim against another party responsible for the crash.

If you were involved in a crash in Macomb, Wayne, or Oakland County and have questions about how fault may affect your claim, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.

Sources:

• MCL 600.2958
• MCL 600.2959