Navigating fault and negligence in auto accidents

On Behalf of Holmes & Wiseley, P.C.

Those who have experienced auto accidents know how challenging the aftermath can be on all parties involved. Not only can individuals suffer pain and loss of their vehicles, they may also face legal consequences. Two issues impacting auto accidents include statutes of limitation and the concept of “fault.”

Statutes of limitation

A statute of limitation is a law dictating the amount of time given to a person to bring a legal claim against another person. The limitation period typically begins at the time the injury occurs. Although each state provides its own statute of limitation, Michigan allows three years for most accidental injuries. In practice, this could mean an individual in an accident almost three years ago could find themselves stuck in a lawsuit. On the other hand, an individual who files a claim after the limitation has expired is likely to have their case dismissed for untimeliness.

Fault and bars to recovery

Like statutes of limitation, individual states govern their own fault laws. Michigan follows a “no fault” system, meaning an injured person must exceed a certain amount in injuries before filing a claim against another person in an accident. In Michigan, a person can file a claim against another for damages if determined to be 50% or less at fault. This percentage derives from Michigan’s “modified comparative negligence” law, where individuals found to be 51% or more at fault in auto accidents cannot recover anything from opposing parties. Those who have experienced injuries from a car accident may feel better navigating fault and legal claims under the guidance of skilled attorneys.

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