When an accident causes injuries, many people are concerned about what will happen if they share some of the blame. Under Michigan’s comparative negligence law, an injured person can still recover compensation, even if they were partially responsible for causing the accident that led to their injuries. Their total recovery will be reduced by the percentage of fault attributed to them, up to 50%. In situations where Michigan’s No-Fault insurance benefits apply, comparative negligence may not be an issue at all.

Understanding Comparative Negligence

Michigan applies a modified comparative negligence law, which means an injured person can recover compensation for their injuries as long as they were less than 50% at fault for causing the accident. The total amount of their recovery will be reduced by their percentage of fault. Someone who is found to be more than 50% at fault is not entitled to recover damages, even if the other party was partially negligent.

For example, suppose Richard and Jane are involved in a two-car accident. Richard was 70% at fault for causing the crash, while Jane was 30% liable. Suppose a jury returns a verdict in Jane’s favor in the amount of $100,000. Jane’s total recovery would be reduced by 30%, and she would be entitled to $70,000. Because Richard was more than 50% liable, he is not entitled to compensation for his losses.

Does Comparative Negligence Disqualify an Injured Person from Receiving No-Fault (PIP) Benefits?

No. Comparative fault does not disqualify someone from receiving No-Fault benefits to pay for medical bills and lost wages after a car accident. Under Michigan law, your automobile insurance carrier must pay No Fault benefits “without regard to fault.”

How Does Comparative Fault Affect Compensation for Pain and Suffering and Excess No-Fault Benefits?

Compensation for pain and suffering and excess No-Fault benefits are affected by Michigan comparative negligence law. Someone who is more than 50% liable or causing an accident is disqualified from recovering compensation for non-economic losses, also known as pain and suffering. Michigan’s comparative negligence law also reduces the amount of excess No-Fault benefits an injured person can recover for medical bills and lost wages.

Common Factors Used in Assessing Comparative Negligence

Comparative fault can be applied to any type of personal injury case.

Car Accidents

Seatbelt Use. Failure to wear a seatbelt is often cited as evidence of comparative negligence. However, Michigan law specifies that failure to wear a seatbelt may reduce a person’s recovery if they are injured in a motor vehicle accident, but “that negligence must not reduce the recovery of damages by more than 5%.”

Speeding. Excessive speed can intensify the effects of an accident and can be considered as evidence of comparative negligence. For example, a driver who was exceeding the speed limit on a wet road and was involved in a collision could have their compensation reduced if their speeding contributed to the severity of their injuries.

Distracted Driving. Drivers who were using their phone or another electronic device at the time of a collision could have their recovery reduced by their percentage of fault.

Slip and Fall Accidents

Failure to Watch Where You Are Going. Someone who fails to notice a hazard because they are distracted could have their recovery reduced by their percentage of fault. For example, a pedestrian who is looking at their phone and trips on clearly marked uneven pavement could have their compensation reduced if their distraction contributed to the fall.

Ignoring Warning Signs. Someone who disregards warning signs and is injured could have their compensation reduced if the decision to ignore the warning signs contributed to their injury.

Inappropriate Footwear. Unsuitable footwear that increases the risk of a fall can be viewed as contributory negligence if the choice of footwear contributed to the accident.

Intoxication

An injured person’s intoxication can contribute to the cause of their injuries in automobile accidents, slip and fall accidents, and other personal injury claims.

How an Experienced Michigan Personal Injury Attorney Can Help

When someone has been injured in an accident, determining who is at fault will impact their compensation. Michigan’s comparative negligence law can reduce an injured person’s financial recovery. If the insurance company believes you were partially at fault, you need a skilled and aggressive personal injury attorney with the knowledge and experience to fight back.

The personal injury attorneys at Muth Law have decades of experience representing people just like you who were hurt in accidents that were not their fault. We understand Michigan’s complex insurance laws and can handle all communications with the insurance companies. We will protect your rights and fight to help you recover the compensation you deserve.

Contact Muth Law Today

Muth Law works with clients in Ypsilanti, Ann Arbor, Washtenaw County, and throughout Michigan. Please contact us to schedule a free, confidential consultation to discuss your automobile accident injury matter. Call 734-481-8800 or contact us via e-mail. We look forward to serving your family.