Comparative Negligence in Michigan Auto Cases

• October 21, 2025

When a car accident happens in Michigan, the question of fault often plays a large role in determining how much compensation someone may recover. Many drivers worry about what happens if they share part of the blame for a crash. Michigan law follows a rule known as comparative negligence in Michigan auto cases, which adjusts the amount of compensation a person can pursue based on their share of responsibility.

Someone who’s partially at fault might still recover financial relief for medical bills, lost income, or pain and suffering, depending on the degree of fault assigned. However, insurance companies often use this rule to reduce payouts, claiming a driver bears more blame than they actually do. Skilled legal representation helps ensure that your side of the story is supported by strong evidence.

If you were hurt in a Michigan auto accident, contact a car accident attorney near you for a free consultation to review your case and your options under Michigan law.

Key Takeaways: Michigan's Comparative Negligence Laws

• Michigan follows a modified comparative negligence rule that can bar recovery if you're more than 50% at fault for an accident.


• Your compensation is reduced by your percentage of fault, meaning a $100,000 claim becomes $70,000 if you're 30% at fault.


• Insurance companies often use comparative negligence to minimize payouts by shifting blame to accident victims.


• Evidence like police reports, witness statements, and traffic camera footage is critical to proving the other driver's fault.


• Even if you share some responsibility for an accident, you may still be entitled to significant compensation under Michigan law.

How Does Michigan's Comparative Negligence Law Work?

Under Michigan Compiled Laws Section 600.2959, the amount of damages a plaintiff can recover is reduced by their percentage of fault. If a driver is more than 50% responsible, they cannot recover non-economic damages such as pain and suffering.

The 50% Bar Rule in Michigan

This rule means that if your fault reaches 51% or more, you lose the right to pursue non-economic damages. You may still seek limited economic recovery through your insurance, depending on coverage.

How Fault Percentage Affects Your Compensation

If your total damages amount to $100,000 and you’re found 20% at fault, your recovery drops to $80,000. Every percentage point of fault directly reduces your financial recovery.

Examples of Comparative Negligence Calculations

• A driver texting at a red light gets rear-ended. The other driver claims the first driver stopped too abruptly. The court finds the first driver 10% at fault. Their damages are reduced by 10%.


• Two cars collide in an intersection. One ran a yellow light, and the other was speeding. The speeding driver is found 40% at fault, so they can recover 60% of their damages.

What Types of Auto Accidents Involve Comparative Negligence?

Comparative negligence often appears in cases where fault is not clear-cut. Both drivers might have made errors leading up to the crash.

Rear-End Collisions

Rear-end crashes often seem straightforward, but if the lead driver stopped suddenly without reason, they might share part of the fault.

Intersection Accidents

These crashes frequently involve shared blame, especially if both drivers misjudged the timing of lights or right-of-way rules.

Lane Change Accidents

When two vehicles merge or change lanes simultaneously, determining who failed to yield can lead to split fault.

Left Turn Accidents

A driver turning left typically yields to oncoming traffic, but if the other vehicle was speeding, both may share responsibility.

Parking Lot Accidents

In parking areas, both parties may be backing up or distracted, creating shared fault situations.

How Is Fault Determined in Michigan Auto Accident Cases?

Determining fault requires evidence and sometimes professional evaluation. The stronger your evidence, the better your chances of limiting your assigned fault.

Police Reports and Accident Investigations

Police reports often serve as starting points for determining liability. They may include details about citations or officer opinions on fault.

Witness Testimony

Eyewitness accounts help confirm who had the right-of-way, who appeared distracted, or how the crash unfolded.

Traffic Camera and Dashcam Footage

Video evidence can clearly show traffic light status, vehicle speeds, or unsafe lane changes.

Accident Reconstruction Expert Analysis

Reconstruction experts use physics and scene data to recreate how the crash occurred. Their findings can be powerful in court.

Michigan Traffic Laws and Violations

Traffic citations or violations like speeding, improper turns, or running red lights can heavily influence fault assessments.

Can You Still Recover Damages If You Were Partially at Fault?

In many cases, yes. You may pursue compensation if your share of fault is 50% or less. Economic damages like medical bills and lost wages remain available.

When You Cannot Recover Compensation

If your fault reaches more than 50%, you cannot collect non-economic damages. However, you might still access certain insurance benefits.

How Your Settlement Amount Is Calculated

Settlement offers typically reflect both total losses and fault percentages. For example, a claim worth $50,000 could result in $35,000 if you were 30% at fault.

What Are Common Defense Tactics Insurance Companies Use?

Insurance companies often try to shift blame to lower what they pay. Recognizing their strategies helps you prepare.

Claiming You Were Distracted While Driving

They might allege you were texting, adjusting the radio, or not watching the road to assign you partial fault.

Arguing You Were Speeding or Violated Traffic Laws

Even minor speed excesses can be used to claim you contributed to the crash.

Suggesting You Failed to Take Evasive Action

Insurers sometimes argue that you could have avoided the collision if you reacted differently.

Using Pre-Existing Injuries to Reduce Your Claim

Adjusters may claim that your injuries existed before the accident, reducing their payout responsibility.

How Does Comparative Negligence Interact with Michigan No-Fault Insurance?

Michigan’s auto insurance system is based on no-fault coverage, but comparative negligence still plays a role when certain thresholds are met.

Michigan's No-Fault System Overview

Every driver’s insurance covers their own medical costs and certain economic losses regardless of fault.

When Comparative Negligence Applies to Third-Party Claims

Comparative negligence matters when you sue another driver for non-economic damages, like pain and suffering, or for excess medical costs not covered by no-fault insurance.

Personal Injury Protection (PIP) Benefits vs. Third-Party Claims

PIP benefits cover immediate medical care and wage loss, while third-party claims seek compensation from the at-fault driver’s insurance for larger or long-term losses.

Threshold Requirements for Stepping Outside No-Fault

To file a third-party claim, your injuries must meet the “serious impairment of body function” threshold under Michigan law, meaning the injury impacts your normal daily life.

What Evidence Can Help Prove the Other Driver's Fault?

Evidence plays a central role in determining fault under comparative negligence rules. The more proof you have, the stronger your position.

Documentation from the Accident Scene

Photos of vehicle damage, skid marks, and traffic signs provide context for how the crash happened.

Medical Records and Treatment History

These records link your injuries directly to the accident, countering claims that they were pre-existing.

Expert Witness Testimony

Specialists such as accident reconstructionists or medical professionals can support your claim with technical insight.

Cell Phone Records and Distracted Driving Evidence

Phone records may show the other driver was texting or on a call during the collision.

Vehicle Damage Analysis

Repair estimates and crash reports reveal points of impact and vehicle movement, supporting your account of events.

How Can Comparative Negligence Affect Different Types of Damages?

Comparative negligence affects both economic and non-economic damages differently.

Economic Damages (Medical Bills, Lost Wages, Property Damage)

Economic damages are reduced by your fault percentage. If you were 30% responsible for a $20,000 loss, your recovery drops to $14,000.

Non-Economic Damages (Pain and Suffering, Emotional Distress)

You can only recover non-economic damages if your fault is 50% or less. These damages compensate for reduced quality of life and ongoing pain.

How Each Damage Category Is Reduced by Fault Percentage

Every category of compensation reflects your degree of responsibility. Even small changes in the fault percentage can significantly impact the total recovery.

What Are the Time Limits for Filing a Comparative Negligence Claim in Michigan?

You generally have three years from the accident date to file a lawsuit for injuries or property damage.

Exceptions to the Standard Deadline

Certain situations, such as cases involving minors or government vehicles, may extend or shorten the timeframe.

Why Acting Quickly Protects Your Rights

Waiting too long can make it harder to gather evidence, locate witnesses, or contest insurance determinations of fault.

How Our Attorneys Can Help

Goodman Acker PC has represented injured drivers throughout Michigan for decades. Our attorneys approach each case with personal attention and a deep understanding of how comparative negligence laws affect auto accident claims. Every detail matters, and we take the time to uncover the full story behind your crash so that your side is clearly heard and supported by strong evidence.

Thorough Investigation of Your Accident

We collect all available evidence, including photos, police reports, and witness statements, to establish how the accident happened.

Gathering and Preserving Critical Evidence

Our team ensures that crucial evidence such as camera footage or phone records is secured before it’s lost.

Negotiating with Insurance Companies

We handle discussions with insurers, pushing back when they attempt to assign unfair blame or reduce payouts.

Challenging Unfair Fault Assessments

If an insurance company claims you share too much fault, we present evidence and legal arguments to challenge their position.

Maximizing Your Compensation Despite Shared Fault

Our attorneys work to document every loss so your claim reflects the true impact of the crash on your life.

Representing You in Court if Necessary

When fair resolution isn’t offered, we’re ready to present your case before a judge or jury.

Goodman Acker PC’s approach combines careful investigation, clear communication, and steady advocacy. Our goal is to give you confidence in the process and to help you pursue the best possible result under Michigan law.

Frequently Asked Questions About Comparative Negligence in MI

What happens if I'm exactly 50% at fault for an accident in Michigan?

If you’re exactly 50% at fault, you may still recover damages, but the total amount is reduced by half. You remain eligible for both economic and non-economic damages.

Can I be found partially at fault even if I wasn't ticketed?

Yes. Not receiving a ticket doesn’t automatically clear you of responsibility. Insurance adjusters or courts may still assign a percentage of fault based on the evidence.

Does admitting fault at the scene prevent me from recovering damages?

Not necessarily. Statements made under stress may not reflect what actually happened. Fault is ultimately determined by the evidence and investigation.

How long does it take to resolve a comparative negligence case?

Timelines vary based on the complexity of the case and the willingness of the insurance company to negotiate fairly. Many cases settle within several months, though others take longer if litigation is required.

What if the other driver was uninsured or underinsured?

You may still seek compensation through your own uninsured or underinsured motorist coverage. An attorney can review your policy to identify available options.

Contact Our Auto Accident Lawyers in Michigan Now

Michigan’s comparative negligence laws can affect how much compensation you recover after an auto accident, especially if fault is disputed. Evidence, timing, and preparation all matter.

The attorneys at Goodman Acker PC help clients build solid claims and hold negligent drivers and insurers accountable. Schedule a free, no-obligation consultation today to discuss your case and learn how Michigan’s comparative negligence rule may apply to your situation.