After a car crash, things get confusing fast. Everyone has their own version of what happened. Sometimes, people don’t realize they made a mistake, or they downplay their part in the accident. However, figuring out who is at fault is extremely important, especially if you want to file a legal claim. Even if you think you might be partly to blame, you may still be able to recover money for your injuries.
How Michigan handles shared fault
Michigan follows what’s called “comparative negligence” law. This means you can still get money for your injuries and damages even if you were partially to blame – but with an important catch.
According to Michigan law, if you are partially responsible for the crash, the courts will reduce your compensation by your percentage of fault. For example, if you have $10,000 in damages but were 20% at fault, your potential recovery would be $8,000 (the original amount minus 20%).
However, there’s a limit: if you are more than 50% at fault, you cannot collect damages for pain and suffering or other non-economic losses. You can only recover economic damages like medical bills and lost wages, and the courts will still reduce these by your percentage of fault.
Why thorough crash investigations matter
Because the percentage of fault directly affects how much money you can recover, a detailed investigation is crucial after any serious crash. This investigation needs to:
- Gather all available evidence from the crash scene
- Collect and analyze police reports
- Interview eyewitnesses while memories are fresh
- Review traffic camera footage when available
- Examine vehicle damage patterns
- Check cell phone records for distracted driving evidence
These steps take time and resources, but they can be worth it. The difference between being found 40% at fault versus 60% at fault can mean thousands of dollars in your pocket. Every detail matters when determining who did what in the moments before a crash.
It is natural to feel unsure of your rights after a serious car accident, especially if you think you might be partly to blame. Keep in mind that Michigan law allows you to recover damages even if you share some of the fault. Don’t assume you have no options. Understanding these rules can empower you to make informed decisions about your future and your rights.