Michigan's Modified Comparative Fault Rule: The 50% Bar
Michigan follows a modified comparative fault system under MCL § 600.2959. This means if you are partially at fault for your accident, your damages are reduced by your percentage of fault. But here's the critical part: if you are found more than 50% at fault, you recover nothing for non-economic damages like pain and suffering.
How Comparative Fault Works in Practice
Suppose you are in a car accident and a jury determines your total damages are $200,000. If the jury finds you 20% at fault, your recovery is reduced to $160,000. If they find you 51% at fault, you recover $0 in pain and suffering. This makes the percentage allocation one of the most contested issues in Michigan personal injury litigation. Insurance companies aggressively argue for higher fault percentages against injured plaintiffs to reduce or eliminate their liability.
Common Comparative Fault Scenarios
Comparative fault comes up in virtually every type of case. In intersection accidents, both drivers may have contributed to the crash. In premises liability cases, the property owner may argue you should have seen the hazard. In highway accidents, following too closely or speeding can be used to assign partial fault. Even in product liability cases, manufacturers may argue misuse.
How Koussan Law Fights Fault Allocation
An experienced attorney prevents insurers from inflating your fault percentage. This involves gathering evidence early — dashcam footage, witness statements, police reports, surveillance video — and presenting it in a way that minimizes your fault allocation. The difference between 49% fault and 51% fault is the difference between a substantial recovery and zero. Koussan Law understands the stakes and prepares every case accordingly.
Worried about shared fault? Call Koussan Law at (313) 800-0000 for a free case evaluation or use our case calculator.
