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Auto accident attorneys often talk about third party lawsuits against the at-fault driver – in other words, the person who caused the accident. But what happens when it isn’t clear who is to blame for the car crash? What if both drivers were at fault?
It is possible for accident victims to receive some compensation even if they are partly to blame for the incident. A car accident attorney can help you seek damages for your accident. If you are worried that you may be somewhat at-fault for the collision, do not hesitate to call our Michigan at-fault car accident lawsuit team for more information. Christensen Law has over 30 years of experience helping people navigate complex state laws. Call now for help.
How Our Car Accident Lawyers Can Help If You Are Partly At Fault for an Accident
Auto accident cases in Michigan are often complicated, even when fault seems very straightforward. Adding in fault of both parties makes these cases feel even more impossible for the average person. However, you do not have to fight for compensation alone. The team at Christensen Law takes a compassionate approach to all accident victims, even those that may be partially at-fault for the collision.
You deserve thoughtful and thorough representation, and our team is ready to get to work for you. As your at-fault accident lawyers, we will:
- Investigate the crash: Our team will review evidence, interview witnesses, and draw on professionals to help support your claims for compensation. The other party may try to claim a different version of events, but we’ll make sure we have all the facts to fight for a fair payout.
- Accurately calculate fault and damages: Calculating economic and non-economic damages is challenging for accident victims, but our team will be able to make sure each and every loss is accounted for. The other party may also try to give you a large portion of the blame in order to reduce your damages, and we will make sure there is an accurate proportion of blame.
- Communicate with insurers: Insurers are not always interested in paying out benefits and settlements. When you communicate with them, they may try to trick you into admitting fault or try to get you to downplay your injuries and losses. We will take on all forms of communication in order to protect you and your right to compensation.
- Negotiate for a settlement: Insurers may be willing to offer a settlement, instead of going to court. We will negotiate with these representatives for a fair settlement that meets your needs and accounts for any of your own liability.
- Represent you in court: Sometimes, insurers are not very cooperative. Even though we will negotiate on your behalf, we are always prepared to go to trial and fight on your behalf.
Our personal injury lawyers are interested in doing what is best for you, instead of rushing you into a settlement or verdict. We want to ensure you are well taken care of and that your voice is heard. Please reach out to Christensen law today to get started.
Fault Does Not Always Matter for No-Fault Insurance
Imagine this: Jane is driving her car down a 4-lane highway with a turning lane in the middle. She’s going pretty fast – over 10 miles per hour over the speed limit. As she crests a hill, Mark, driving his pickup truck, pulls into the left turn lane and immediately turns, T-boning Jane’s car on the driver’s side. Jane is seriously injured. She suffers broken bones, cuts, bruises, and a traumatic brain injury that leaves her unable to work. Who is the at fault driver?
As far as Jane’s no-fault insurance is concerned, the fact that she was speeding doesn’t matter. The Michigan No-Fault Act is designed to ensure that all motorist’s injuries are covered, regardless of fault. That means Jane’s medical expenses will be paid for, and she will be compensated for lost wages and attendant care services for up to three years.
Third Party Lawsuits, Fault, and Comparative Negligence in Michigan
With such severe injuries, Jane is likely to need more help than those three years of benefits have to offer. She may be entitled to file a third-party lawsuit against the at-fault driver. In that lawsuit, she will be able to seek damages for long-term disability, loss of income, pain, suffering, and other non-economic damages.
But will she get them? Remember that Michigan third party litigation is based on traditional negligence law. Her recovery depends on whether the other driver caused her injury.
Is Mark the at fault driver and to blame for the accident because he failed to yield to oncoming traffic? Or is Jane the at fault driver for driving above the posted speed limit? Does it matter that if she had been driving slower Mark would have passed harmlessly in front of her?
Comparative Negligence and Michigan Car Crashes
Michigan law resolves this question through the theory of “comparative negligence.” The jury will be asked to consider all the facts and assign a percent responsibility to each driver. So in this example, assume that the jury returned a verdict saying Mark was 70 percent responsible, but Jane was also 30% at fault. Comparative negligence requires Jane’s recovery to be reduced by the amount she was at fault.
If the jury valued all of Jane’s damages together at $1 million, that number would be reduced by 30 percent – the amount she contributed to the accident. So Jane would only be awarded $700,000.
However, it’s important to note that this law has limits. If Jane was more than 50 percent liable for her accident, she may not be eligible for any non-economic damages.
Comparative negligence can significantly restrict the amount of third-party damages an injured motorist receives. But the skilled auto accident attorneys at Christensen Law have decades of trial experience. They can present the facts to the jury to help them find a distribution of fault that you can live with.
Our Michigan Lawyers Are Ready to Fight for You
If you are worried about your chances in a Michigan at-fault car accident lawsuit, let our team represent you. We have over three decades of experience helping Michigan residents seek just compensation for their injuries and losses. Contributing to the accident does not mean you should take on debt and deal with your injuries alone. Call Christensen Law now for a free consultation.
