If you’ve been injured in a car crash, slip and fall, or other serious accident in Michigan, your right to recover compensation could depend heavily on who was at fault. Michigan uses a modified comparative fault system, and understanding how that works is critical before pursuing a claim. This system doesn’t just affect the amount of money you may receive—it can determine whether you’re eligible to recover anything at all. Whether you’re in Detroit dealing with a freeway pile-up or in Traverse City after a snowy sidewalk slip, you’ll want to get help from a personal injury lawyer in Michigan who understands the rules that apply across the state.
Michigan’s comparative fault law holds each party responsible for their own share of the blame in a personal injury case. If the injured person is partially responsible, their compensation will be reduced by their percentage of fault. For example, if a jury finds you 30% at fault for an accident, and your damages are $100,000, you would receive $70,000.
But here’s where the 51% bar rule kicks in: if you are found to be more than 50% at fault, you can’t recover any compensation at all for non-economic damages like pain and suffering. You may still be able to receive compensation for medical bills or lost income, but even that could be reduced based on your share of fault.
This rule applies across Michigan, whether you’re in Grand Rapids, Ann Arbor, or smaller towns like Alpena or Sturgis. In every case, determining fault accurately is crucial. Insurance companies will try to shift more blame onto the victim to avoid paying out a fair settlement.
The 51% rule applies in nearly every type of personal injury claim, from motor vehicle accidents to premises liability and product defect cases. Each situation presents its own risks for shared fault, and those details can make or break a claim.
Let’s say you’re injured in a T-bone collision in Lansing. If it’s shown you were speeding, even if the other driver ran a red light, the defense might argue that your speeding contributed to the severity of the crash. Or maybe you slipped on icy steps outside a store in Kalamazoo, but you were looking at your phone instead of watching your footing. That distraction could count against you in a liability argument.
In all these cases, fault isn’t determined by your feelings or injuries—it’s based on evidence, expert analysis, and sometimes witness testimony.
Insurance adjusters don’t work for your benefit. Their job is to save the company money, and one way they do that is by arguing you were mostly at fault. They may take your statements out of context or downplay the negligence of their policyholder. Even minor details, like not wearing a seatbelt or jaywalking, can be used to shift blame.
Because Michigan law bars recovery for non-economic damages if you’re more than 50% responsible, insurance companies have a big incentive to argue that your share of fault crosses that line. They may push early settlement offers that seem decent but are actually far less than you deserve, especially if they’re concerned you might beat the 51% threshold at trial.
Michigan’s 51% bar rule isn’t always black and white. Determining fault is often a battle, and how you present your case can significantly change the outcome. An experienced attorney will gather the right evidence, speak with witnesses, consult with experts, and present a clear argument to keep your level of fault as low as possible.
Here’s what a skilled personal injury lawyer can do for you:
If you’re unsure about how much responsibility the other side has accepted—or if they’ve accepted any at all—you should talk to a professional before signing anything.
Personal injury law in Michigan can be tough, especially when your compensation hinges on your percentage of fault. If you think you might be partially responsible for an accident, don’t assume you have no case. A knowledgeable personal injury lawyer in Michigan can assess your situation, fight to reduce your level of fault, and help you recover the compensation you’re owed. Don’t guess about your rights. Take the first step toward protecting your claim today.
