Michigan's Modified Comparative Fault System
Michigan follows a modified comparative fault system under MCL § 600.2959. This means if you are partially at fault for your accident, your compensation is reduced by your percentage of fault — but only if you are 50% or less at fault. If you are found 51% or more at fault, you recover nothing. This threshold makes fault allocation one of the most contested issues in Michigan personal injury cases.
How the 50% Threshold Works in Practice
Suppose you are in a car accident and a jury determines your total damages are $500,000. If the jury finds you were 20% at fault (perhaps you were slightly speeding), your recovery is reduced to $400,000. If you were 50% at fault, you still recover $250,000. But if the jury assigns you 51% fault, you get zero. This cliff effect at 51% makes the difference between substantial compensation and nothing at all — which is why having an experienced attorney to fight fault allocation is critical.
How Insurance Companies Exploit Comparative Fault
Insurance adjusters are trained to shift blame onto victims. They will point to anything — you were on your phone, you did not signal, you were walking outside the crosswalk, you were not wearing a seatbelt — to argue you share fault. Their goal is to push your fault percentage above 50% so they pay nothing, or as high as possible to reduce what they owe. Koussan Law aggressively challenges every fault argument with evidence, expert testimony, and accident reconstruction.
Common Scenarios Where Comparative Fault Applies
Multi-vehicle accidents often involve shared fault when multiple drivers contributed to the collision. Pedestrian and bicycle accidents frequently involve fault arguments about jaywalking or riding without lights. Slip and fall cases almost always include an argument that the victim should have been more careful or should have noticed the hazard. Workplace injuries with third-party claims may involve arguments about the worker's own safety compliance.
Seatbelt Defense in Michigan
Michigan is one of the states that allows a seatbelt defense. Under MCL § 257.710e, if you were not wearing a seatbelt, the defendant can argue your injuries were worse than they would have been. However, the reduction is capped at 5% of your total damages. This is a limited defense but insurance companies use it in every case where it applies.
Protecting Your Case from Comparative Fault Arguments
The best defense against comparative fault is early evidence preservation. Dashcam footage, surveillance video, witness statements, and police reports all help establish what actually happened. Koussan Law investigates fault immediately — before evidence disappears and before insurance companies build their narrative. Our $14.95 million jury verdict demonstrates what happens when we take fault disputes to trial and win.
If you have been injured and the insurance company is blaming you, call Koussan Law at (313) 800-0000 for a free consultation. We fight fault arguments every day.
