What is comparative negligence?

Comparative negligence is a concept used in car accident law in Michigan that assigns fault and damages based on the degree of each party’s negligence. It is used to determine who is liable and to what degree in the case of an accident. Comparative negligence is based on the idea that the injured party is partially responsible for the accident, thus reducing the amount of damages they can recover. In comparative negligence, any party involved in the car accident is assigned a percentage of fault. This percentage is usually based on the amount of negligence that party had in causing the accident. The percentage of fault is used to determine who is liable for the damages and how much each party will have to pay. The amount of damages awarded is calculated by subtracting the percentage of fault the injured party is assigned from their total damages. In Michigan, if the injured party is found to be more than 50 percent responsible for the car accident, then they are not allowed to recover damages from the other liable parties. This is known as “comparative negligence,” and it is used to protect defendants from being held responsible for accidents that were mostly caused by the plaintiff. Ultimately, comparative negligence is a complex concept used to assess fault and damages in car accident law in Michigan. It is an important concept to understand if you are ever involved in a car accident, as it can have a major impact on the amount of compensation that you may be entitled to.

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