Being partially at fault for an accident does not automatically prevent you from receiving compensation for your injuries. Many people assume that any level of fault makes it impossible to pursue a claim, but that is not the case. In Michigan, the law recognizes that accidents often involve shared responsibility, and injured individuals may still have the right to recover damages even if their actions contributed to the incident. Understanding how fault is evaluated is key to knowing what legal options may still be available.
Michigan’s Comparative Fault System
Michigan follows what’s called a modified comparative fault system. Fault is assigned as a specific percentage to each party involved, rather than the entire thing being automatically given to one side. The rule is that if you are 50% at fault or less, then you are still able to recover damages from the other party. If you are more than 50% at fault, then you could be barred from recovering non-economic damages. Overall, each case is dependent on facts and evidence, which further emphasizes the importance of being as thorough with your case as you can.
How Partial Fault Affects Compensation
Damages are reduced based upon the percentage that you are deemed at fault for. This rule makes the exact percentage of fault extremely important. Even a small shift in fault allocation can determine whether a claim is legit and how much compensation may be available, which is why evidence, documentation, and legal advocacy play such a critical role in these cases. Here’s a good example of how this works. If damages total at 100,000 dollars, and you are found to be 20% at fault then you may recover 80,000 dollars.
Rules for Michigan Auto Accident Cases
Michigan operates as a no-fault insurance state. This means that your own insurance typically covers medical expenses and wage losses through PIP (personal injury protection) benefits, no matter who’s at fault. Partial fault does not usually impact access to PIP benefits.
While this is the case, fault thresholds apply differently to economic damages in comparison to non-economic damages. It’s important to understand that lawsuits that are against at-fault drivers for pain and suffering still involves comparative fault analysis.
Situations Where Partial Fault is Common
Partial fault is a lot more common in certain situations compared to others. The most common ones are rear-ending collisions where both drivers are distracted from the road. Slip and fall cases where faulty footwear is involved is also on that list. In addition, pedestrian/biking accidents and multi-vehicle accidents are known to have a partial fault outcome. Shared fault is honestly common and even expected a lot of the time.
How Insurance Companies Use Partial Fault to Reduce Claims
Insurance companies often try to reduce payouts by assigning higher fault percentages to victims. Even minor violations such as speeding or breaking too late can be used against your case. This is why early statements and physical documentation is so crucial. Communicating as much of this as you can to your attorney will only help your chances of being handled fairly throughout your injury.
Why Legal Representation Matters in Partial-Fault Cases
Lawyers are an invaluable resource to utilize when you’re in the middle of dealing with a partial fault case. Lawyers are here to challenge unfair fault assessments by gathering evidence, consulting experts, and protecting clients from insurer tactics.
Even small reductions in fault can lead to much higher rates of compensation which is something to keep in mind when choosing the right legal team to handle your case.
If you are in the middle of dealing with a no-fault case, you want to make sure that you have the best attorneys that you can get. Duff Law PLLC located in Grand Rapids has a team of experienced personal injury attorneys that are here to help. Make sure you contact them as soon as possible for your consultation.