Determining Liability and Compensation in a Multi-Vehicle Accident

Ever wondered how Michigan personal injury law works if you get hurt in an incident where more than one defendant is responsible? Well, you’ve come to the right place to learn more. But be prepared for a fairly complex explanation. We’ll do our best to make this as simple as possible… although multi-car crashes and the resulting legal circumstances can be nuanced, which oftentimes results in a lengthy process to determine liability and compensation. 

First and foremost, it’s important to understand the state’s legal code surrounding negligence and in particular what happens when two or more defendants are (as the state puts it) “jointly or severally liable for the same injury to a person or property or for the same wrongful death.”

You might wish to start by reading the specific piece of state law defining this type of circumstance. Essentially, the law says that all individuals who are partially responsible for causing harm to an innocent victim are required to pay their fair share of the damages. (The law attempts to explain with this legalese: “A tort-feasor against whom contribution is sought shall not be compelled to make contribution beyond his own pro rata share of the entire liability.”) In other words, victims must be compensated by defendants based upon the share of blame for which each defendant is responsible.

But how is a defendant’s share of a victim’s compensation determined? It goes back to Michigan’s policy of determining the defendant’s comparative fault (also known as comparative negligence), which we spelled out in a helpful article you can read in full here. In short, it says that our fair state uses a very fair method to allocate blame (and the share of compensation owed to victims in personal injury cases). Along with comparative fault, the state also applies the “51 Percent Rule,” which in part means the court will compare the actions of guilty parties in an injury-related case and assign a percentage of blame to each defendant. The greater the blame, the more that particular defendant (or his insurance company) will have to pay the victim.

However, there’s an important caveat to the 51 Percent Rule: if you (the plaintiff) are in any way responsible for a share of what caused the accident, your award will be reduced by your percentage of blame as decided by the court.

For example, if you get hit while turning left in front of two drag-racing cars that were going straight through a green light at a high rate of speed, the other drivers would very likely be found mostly at fault and get ticketed for speeding, but you could also share some of the blame for turning in front of them when they had the right of way (a basic high school “driver’s ed” concept that we explained in this article). In this hypothetical example, if a jury decides you’re entitled to $1 million in compensation, but you were 10 percent responsible for the accident, your award would be reduced by that percentage to $900 thousand. The portion of the reduced settlement each guilty drag-racer owes you would then be determined based upon their comparative liability as determined by the jury.

It’s also important to know that if for some inexplicable reason a Michigan jury finds you 51 percent or more at fault for the accident, you will not be entitled to receive any compensation at all. (However, in the example we’ve described, this would be highly unlikely.)

How do other states deal with this kind of situation?

Some other states use a similar comparative liability framework to determine blame in personal injury law, but apply what’s known as “pure comparative negligence,” meaning that even if you were far more than 51% to blame for an accident, you could still seek compensation for the small portion of blame for which you were not at fault. States using this generous method include California, Florida, and New York.

On the other end of the spectrum, in a few states – notably Virginia, North Carolina, and Maryland – the concept of “contributory negligence” might be applied, meaning if you have any responsibility for the accident – even just 1 percent of the blame – you aren’t eligible for any compensation at all.

Fortunately, as you can tell, Michigan law doesn’t take things to either extreme!

How does No-Fault coverage come into play in Michigan?

You might imagine that with our state’s No-Fault insurance laws, it could be difficult for innocent accident victims to receive monetary compensation for their injuries, but nothing could be farther from the truth. That’s because Michigan Fo-Fault law says if you’ve experienced “serious impairment of body function or permanent serious disfigurement” due to an accident where you’re less than 50 percent at fault, you can sue the person (or persons) responsible for your injuries and be compensated for such costs as unpaid medical bills, lost wages, rehabilitation charges, health and property insurance deductibles, even the pain and suffering you’ve experienced.

What Should You Do if You’re Hurt in a Multi-Car Accident?

At this point, you can see how complicated it might be for judges and juries to determine the level of negligence in multi-vehicle personal injury cases, even here in Michigan where common-sense comparative fault and the 51 Percent Rule are in effect. But rest assured that our team of dedicated and experienced personal injury attorneys is well versed in guiding the legal process in favor of our clients based upon the evidence of the case. Which is why it’s a good idea to have us on your side from the very beginning – by calling us immediately if you’ve been injured in a multi-car crash so we can gather essential evidence and represent your interests from day one. To make that happen, all you need to do is dial 855-MIKE-WINS (855-645-2946) and ask for our representation. We’ll take it from there and you won’t pay us a penny. Our compensation comes only out of court-approved settlement funds and never from your pocket. It’s just the right thing to do.

Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to over 200 employees, served 40,000 clients, and collected more than $1.5 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.