Legally Reviewed and Edited by: Terry Cochran

Published on: May 30, 2025

When multiple drivers share responsibility for a car accident, Michigan’s comparative negligence law determines how fault is divided and compensation is awarded. Unlike older systems that completely barred recovery if you were even slightly at fault, Michigan allows injured parties to recover damages even when partially responsible.

Understanding what comparative negligence means for your case is crucial when navigating a car accident claim. If you are partially at fault, hire a car accident attorney to help you gather relevant evidence to ensure you receive fair car accident compensation.

How Comparative Negligence Affects Car Accident Claims in Michigan

Comparative negligence changes how car accident claims are handled in Michigan. Under this system, a jury or insurance adjuster determines the percentage of fault attributable to each liable party in the accident. Your total damages are then reduced by your percentage of fault. For example, if you’re awarded $100,000 in damages but found to be 25% at fault, your recovery would be reduced to $75,000.

This system applies to both economic damages (such as medical bills and lost wages) and non-economic damages (including pain and suffering). However, the essential distinction in Michigan’s no-fault system is. Your Personal Injury Protection (PIP) benefits are paid regardless. You’ll receive medical coverage and wage loss benefits from your own insurance company, no matter who caused the accident.

The comparative negligence principle ensures that compensation reflects each party’s responsibility for the accident, making the system more equitable than the all-or-nothing approach of contributory negligence.

Michigan’s Modified Comparative Negligence Rule: What It Means for You

Michigan follows a “modified comparative negligence” system with a critical 51% threshold rule. This means you can recover damages from other parties only if your percentage of fault is 50% or less. If you’re found to be 51% or more at fault for the accident, you’re completely barred from recovering any compensation from other drivers.

This rule has significant implications for different types of damages. If you’re more than 50% at fault, you cannot recover non-economic damages (pain and suffering) at all. However, you can still recover economic damages (medical expenses and lost wages), but these will be reduced by your percentage of fault.

How Insurance Companies Use Comparative Negligence to Settle Claims

Insurance companies use comparative negligence principles when evaluating and settling car accident claims. Adjusters will thoroughly investigate accidents to determine fault percentages, often looking for ways to assign greater blame to the claimant to reduce their company’s payout obligations.

The investigation process involves reviewing police reports, examining vehicle damage, interviewing witnesses, and analyzing traffic laws that may have been violated. Insurance companies may also hire accident reconstruction experts to build their case for reduced liability.

When negotiating settlements, insurers will present their fault analysis and adjust settlement offers accordingly. If they determine you’re 30% at fault, they’ll reduce their settlement offer by that percentage. It’s important to remember that insurance company fault determinations aren’t final. You have the right to dispute their findings with evidence and expert testimony.

Examples of Comparative Negligence in Car Accident Cases

Here are examples to help you understand how comparative negligence works in practice. Consider a scenario where Driver A is speeding and Driver B fails to yield at an intersection, resulting in a collision. Driver A may be 30% at fault for speeding, and Driver B 70% at fault for failing to yield. If Driver A’s damages total $50,000, they would recover $35,000 (reduced by their 30% fault).

Another common example involves rear-end collisions, where the following driver is typically at fault, but the lead driver might share some responsibility. If the lead driver suddenly braked without cause or had non-functioning brake lights, they might be assigned 10-20% fault, while the rear driver bears the majority of responsibility for following too closely.

Multi-vehicle accidents present more complex scenarios. In a chain-reaction collision, the first driver might be 60% at fault for the initial impact, the second driver 25% at fault for following too closely, and the third driver 15% at fault for inattentive driving. Each driver’s recovery would be reduced by their percentage of fault.

These examples illustrate why thorough investigation and evidence gathering are essential in determining accurate fault percentages.

What to Do if You’re Partially at Fault in a Car Accident

Being partially at fault doesn’t eliminate your right to compensation, but it does require strategic action. Here are the dos and don’ts when you are partially at fault for a car accident:

• Do not admit fault at the scene, to insurance adjusters, or on social media
• Document evidence thoroughly. This includes photos of the accident scene and road conditions
• Seek immediate medical attention and adhere to your treatment
• Obtain contact information of potential witnesses who could support your claim
• Don’t communicate with insurance companies with a lawyer

How to Prove Fault in a Michigan Car Accident Case

You must present compelling evidence to prove fault in car accidents. Key evidence in car accidents includes:

• Police reports documenting the facts of the accident and the preliminary determination of fault
• Physical evidence, such as skid marks, vehicle damage, traffic signal timing, and debris field that can be used to reconstruct the accident scene.
• Witness testimony
• Evidence of traffic violations, including traffic citations or criminal actions against the defendant for the accident in question
• Testimony from expert witnesses, including accident reconstruction experts and medical experts

The Role of a Lawyer in Navigating Comparative Negligence Cases

Hiring a personal injury lawyer who understands Michigan’s personal injury law can make a difference in your car accident claim. An experienced lawyer understands how to gather evidence that minimizes your fault percentage while highlighting the defendant’s negligence.

In addition, they can identify other parties liable for the accident and negotiate with insurance companies to maximize your chances of obtaining a fair car accident compensation settlement.

Car accident lawyers also protect you from making statements or decisions that could harm your case. They handle communications with insurance companies and opposing counsel, ensuring to protect your rights throughout the car accident claims process.

How Comparative Negligence Affects Your Car Accident Case in Michigan

The doctrine of comparative negligence in Michigan allows car accident victims who are partially at fault to recover compensation, reduced by their percentage of fault, up to 51%. Beyond this percentage, victims forfeit non-economic damages.

Working with a car accident attorney is key in navigating Michigan’s car accident laws. Speak with our compassionate, knowledgeable car accident lawyers at Cochran, Kroll, & Associates, P.C.. We can review your case, guide you through the claims process, and draft an impactful victim impact statement for your car accident case. Contact us today for a free, no-obligation consultation.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-642-4529 and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.