What is comparative negligence?

What is comparative negligence?

On Behalf of | Sep 9, 2021 |

Recovering from a car accident can feel impossible, especially when you consider the painful physical injuries, devastating emotional injuries, and financial difficulties. If you have been in a car accident, it is likely to have been caused by the negligence of one or more parties in the accident. While Michigan is a No-Fault state, any compensation awarded to you under your Personal Injury Protection (PIP) coverage may not be enough to cover the severe damages you suffered. Therefore, your best option may be to sue the at-fault parties for negligence after a motor vehicle accident.

What if I am partially at fault for my own accident?

Under Michigan’s modified comparative fault laws, even drivers whose negligence contributed to their own accident can recover damages after a car accident. However, your economic damages (e.g., medical expenses, lost wages) will be reduced in accordance with the percentage of fault attributed to you as the driver.

For example, if you failed to keep a proper lookout and were driving at an excessive rate of speed at the time of your accident, you may be found to be 30 percent liable, while the other driver may be found 70 percent liable for failing to yield the right-of-way at an intersection. Based on the 30 percent of fault apportioned to you, your $100,000 in economic damages would be reduced to $70,000. The law also states that for you to recover non-economic damages, such as pain and suffering, you must be less than 50 percent liable for the accident.

Filing a personal injury claim after an accident in No-Fault state like Michigan can be challenging. A personal injury attorney can help with your claim to make sure you receive the damages you are entitled to following an accident.