What Is Comparative Negligence?
Comparative negligence is a legal doctrine that determines how fault is shared between parties in a personal injury case. In Michigan, this principle allows an injured person to recover compensation even when they bear some responsibility for the accident. The key factor is the percentage of fault assigned to each party.
Michigan follows a modified comparative negligence system under MCL 600.2959. This means that your compensation is reduced by your percentage of fault, and you are barred from recovery entirely if you are found to be 51% or more at fault for the accident.
How Comparative Negligence Works in Michigan
Consider a car accident where a jury finds the plaintiff suffered $100,000 in damages but was 30% at fault for the collision. Under Michigan’s comparative negligence rule, the plaintiff’s award is reduced by 30%, resulting in a recovery of $70,000.
| Plaintiff Fault | Total Damages | Recovery Amount |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 30% | $100,000 | $70,000 |
| 50% | $100,000 | $50,000 |
| 51% or more | $100,000 | $0 (barred) |
Insurance companies frequently try to inflate the victim’s share of fault to reduce their payout. A common tactic is arguing that a motorcyclist or pedestrian contributed to the crash by failing to take evasive action, even in situations where the other driver was clearly the primary cause.
Why Comparative Negligence Matters for Your Case
Understanding comparative negligence is critical because it directly affects how much compensation you receive. The insurance adjuster’s initial fault assessment is not final. An experienced personal injury attorney can challenge unfair fault allocations by presenting evidence such as police reports, witness statements, accident reconstruction analysis, and dashcam footage.
At The Joseph Dedvukaj Firm, we have over 30 years of experience fighting to minimize our clients’ assigned fault percentage and maximize their recovery. If you have been injured in an accident and believe the other party was primarily at fault, contact us for a free consultation.