Fault is not always all-or-nothing in a Michigan accident case. A jury can assign percentages to multiple people, and those percentages can directly affect the amount of damages recoverable.
What happens if the injured person is partly at fault?
MCL 600.2959 provides that damages are reduced by the injured person’s percentage of comparative fault. For example, a finding of 20% comparative fault can reduce damages subject to the statute by 20%.
Why does 51% matter?
The statute provides that when the injured person’s fault is greater than the aggregate fault of the other persons, economic damages are reduced by the fault percentage and noneconomic damages are not awarded. That makes fault disputes especially important when the percentages are close.
What evidence affects fault?
- Police report and witness statements.
- Vehicle damage and event data.
- Dashcam, traffic-camera, or business surveillance video.
- Phone records or evidence of distraction.
- Road design, signals, signs, weather, visibility, and speed.
- Crash reconstruction in appropriate cases.
Insurance fault decisions are not always the final word
An adjuster’s early liability position can matter to negotiations, but disputed fault can continue to be investigated and litigated. New video, witnesses, electronic data, or expert analysis can change how a collision is evaluated.
Primary source: Michigan Legislature — MCL 600.2959.