After a motor vehicle collision, people often seek compensation from insurance providers. However, insurance may not offer robust enough coverage to fully pay for the costs generated. The complex insurance system in Michigan that requires both no-fault and liability coverage may mean that people have less protection than they expect after a wreck.
If the insurance carried by the people involved in the crash is insufficient given the losses generated, then those with significant car crash injuries may choose to file a personal injury lawsuit. Survivors who lost a loved one because of collision injuries may have grounds for a wrongful death lawsuit.
The circumstances leading to a crash can be relatively complex. In some cases, everyone involved may have a degree of fault even though one party may clearly have more blame than others. How does fault influence the right to file a lawsuit in Michigan?
Shared fault does not prevent litigation
It is quite easy for small mistakes, like failing to use a turn signal, to contribute to the overall risk of a wreck. The good news for those affected by a recent complex crash is that Michigan does not eliminate the right to take legal action due to partial responsibility for an incident.
Under the state’s comparative fault statute, those partially to blame for a situation typically still have the right to pursue compensation afterward. The courts determine how much fault each of the parties has for the incident. That percentage of fault influences the final compensation awarded.
The courts reduce the amount granted to the plaintiff for economic losses based on their comparative fault for the situation. Additionally, comparative fault eliminates the right to seek non-economic damages, like punitive damages.
Claims of comparative fault are not automatic. The defendant responding to the lawsuit typically needs to present evidence in court affirming their assertion that the plaintiff has a degree of responsibility for the incident.
Reviewing the police report and other records related to a recent car crash can help people determine if they are in a position to take legal action. Even those who are partially responsible for a wreck may still be able to obtain compensation if they can prove that the other party was negligent or broke the law before the crash.