The Short Answer Is Yes
This is one of the most common questions we hear, and the answer surprises most people. Yes, you can still file a lawsuit and recover compensation in Michigan even if the accident was partially your fault. Michigan follows a modified comparative fault system under MCL § 600.2959, which means your compensation is reduced by your percentage of fault — but not eliminated, as long as you are 50% or less at fault.
How the Math Works
Let us say you were in a car accident and the jury determines your total damages are $200,000. If the jury also finds you were 30% at fault — maybe you were going 5 mph over the speed limit — your recovery is reduced by 30%. You would receive $140,000. If you were 50% at fault, you would receive $100,000. But if the jury finds you were 51% or more at fault, you receive nothing. Zero. That cliff at 51% is why fault percentage is the most fiercely contested issue in most Michigan personal injury cases.
Why Insurance Companies Always Try to Blame You
Every insurance adjuster in Michigan understands comparative fault math. Their entire strategy is to push your fault percentage as high as possible. If they can argue you were 51% at fault, they pay nothing. Even getting your fault from 20% to 40% saves them enormous money. So they will point to every possible contributing factor: you were on your phone, you were not wearing a seatbelt, you changed lanes without signaling, you were walking outside the crosswalk, you should have seen the hazard. Some of these arguments have merit. Many do not. Either way, they are negotiating tactics designed to reduce your recovery.
Common Scenarios Where Clients Worry About Fault
We hear this concern most often in these situations: rear-end collisions where you stopped suddenly — but the following driver has a duty to maintain a safe distance. Intersection accidents where both drivers claim a green light — traffic camera footage or witness testimony resolves this. Slip and fall cases where you "should have seen" the hazard — but Michigan's evolving open and obvious doctrine increasingly protects victims. Pedestrian accidents where you were jaywalking — but drivers have an independent duty of care regardless. In every one of these scenarios, the fact that you may have contributed to the accident does not mean you lose your case. It means the percentages need to be fought over.
What Koussan Law Does Differently
We do not shy away from cases with shared fault. We lean into them. Our job is to minimize your fault percentage through evidence, expert testimony, and aggressive advocacy. Police reports, dashcam footage, surveillance video, witness statements, accident reconstruction analysis, and expert opinions all help establish what actually happened — not what the insurance company wants to claim happened. Ali Koussan's $14.95 million jury verdict proves what happens when we take contested liability to trial and let a jury decide.
If you are worried that your own fault will prevent you from recovering compensation, call Koussan Law at (313) 800-0000. We will give you an honest assessment of your case — including the fault question — at no cost.
