Proving negligence after a Michigan car accident is critical if you want to hold the at-fault driver responsible for your injuries. But how do you prove fault—especially when the other driver denies responsibility or the insurance company tries to blame you?

Michigan follows a comparative negligence system, meaning that who is at fault matters when seeking compensation. Gathering the right evidence, witness statements, and expert testimony can make the difference between winning or losing your case.  At The Clark Law Office, we help accident victims build strong claims to maximize their settlement. If you’re struggling to prove fault, our experienced car accident attorneys can help.

What Is Negligence in a Michigan Car Accident?

Negligence is a legal concept that determines who is at fault in a Michigan car accident. If a driver fails to exercise reasonable care and causes a crash, they may be held legally responsible for injuries and damages.  To prove negligence, you must show that the other driver acted recklessly, carelessly, or failed to follow traffic laws. Examples of negligent driving include:

  • Distracted driving (texting, eating, or using a phone)
  • Speeding or reckless driving
  • Running red lights or stop signs
  • Driving under the influence of alcohol or drugs
  • Failing to yield the right-of-way

In Michigan, simply proving negligence happened isn’t enough.  You must also prove that the negligent actions directly caused your injuries. The next section explains the four key elements required to establish negligence in a car accident case.

The Four Elements of Negligence You Must Prove

To successfully prove negligence in a Michigan car accident case, you must establish four key elements. Without proving each of these, the insurance company or court may deny your claim or reduce your compensation.  Negligence is made up of four legal elements.  Each one must be proven for a successful claim. Here’s what you need to establish:

⚖️ Element📌 What It Means✅ How to Prove It
🚗 Duty of CareThe at-fault driver had a legal responsibility to drive safely.All drivers must follow Michigan traffic laws and drive responsibly.
⚠️ Breach of DutyThe driver violated their duty by acting negligently.Evidence of speeding, distracted driving, DUI, or reckless actions.
🔗 CausationThe driver’s negligence directly caused your injuries.Police reports, accident reconstruction, medical records.
💰 DamagesYou suffered real losses (medical bills, lost wages, pain & suffering).Hospital bills, lost income records, expert testimony.

Types of Evidence Used to Prove Negligence

Proving negligence in a Michigan car accident case requires strong evidence. The more documentation you have, the harder it is for the insurance company to deny your claim or shift blame.  Different types of evidence can help prove the at-fault driver’s negligence and strengthen your case. Here’s what can be used:

📝 Evidence Type🔍 Why It’s Important✅ How to Obtain It
🚔 Police ReportOfficial documentation of the accident and initial fault determination.Request a UD-10 Crash Report from Michigan State Police.
📸 Accident Photos & VideosShows vehicle damage, skid marks, road conditions, and injuries.Take photos/videos at the scene or obtain dashcam/surveillance footage.
👀 Eyewitness StatementsNeutral third-party accounts support your version of events.Get contact info from witnesses and ask them to describe what they saw.
🏥 Medical RecordsLinks your injuries to the crash, proving causation.Request records from your doctor, hospital, or physical therapist.
🚗 Vehicle Damage ReportsHelps reconstruct how the crash happened and who was at fault.Obtain a repair estimate from a mechanic or insurance adjuster.
📞 Phone & Text RecordsCan prove the at-fault driver was distracted (texting/calling).Subpoena phone records if distracted driving is suspected.

Who Determines Fault in a Michigan Car Accident?

Determining fault in a Michigan car accident isn’t always straightforward. Multiple parties play a role in evaluating who is responsible, and their conclusions can impact your ability to recover compensation.  Here’s who may determine fault after a crash:

  • Police Officers – Officers at the scene document the accident, issue citations, and may assign preliminary fault in the UD-10 Traffic Crash Report.
  • Insurance Adjusters – Insurance companies conduct their own investigations, review evidence, and may dispute fault to minimize payouts.
  • Courts & Juries – If a lawsuit is filed, a judge or jury will review all evidence and make a final legal determination on fault.
  • Accident Reconstruction Experts – In complex cases, experts analyze crash physics, vehicle damage, and road conditions to provide an official opinion on fault.

How Comparative Negligence Affects Your Claim

Michigan follows a comparative negligence system, which means that if you are partially at fault for a car accident, your compensation may be reduced based on your percentage of fault. In some cases, being more than 50% at fault can bar you from recovering pain and suffering damages.  Your percentage of fault directly impacts how much compensation you can recover. Here’s how Michigan’s comparative negligence rule works:

⚖️ Fault Percentage💰 Can You Recover Compensation?🔍 Impact on Your Case
✅ 0% (Not at Fault)YesYou can seek full compensation for medical bills, lost wages, and pain and suffering.
⚠️ 1% – 50%Yes, but reducedYour compensation is reduced by your percentage of fault. If you are 20% at fault and your damages are $100,000, you can recover $80,000.
❌ More than 50%No (for pain & suffering)You cannot recover pain and suffering damages but may still receive No-Fault benefits for medical expenses and lost wages.

How a Lawyer Can Help Prove Negligence in Your Case

Proving negligence in a Michigan car accident case can be challenging, especially when insurance companies dispute fault. An experienced car accident lawyer can gather strong evidence, challenge unfair fault assessments, and ensure you receive the compensation you deserve.  Here’s how a lawyer can help:

  • Investigating the Accident – A lawyer will collect police reports, witness statements, accident scene photos, and expert testimony to build a strong case.
  • Handling Insurance Companies – Insurers often try to minimize payouts by blaming the victim. A lawyer negotiates on your behalf to prevent unfair fault assignments.
  • Proving the Other Driver’s Negligence – Attorneys use legal strategies to show how the at-fault driver violated Michigan traffic laws, leading to the crash.
  • Filing a Lawsuit if Necessary – If the insurance company refuses to offer fair compensation, a lawyer can take your case to court and fight for maximum damages.
  • Maximizing Your Compensation – An attorney ensures you recover all available damages, including medical bills, lost wages, pain and suffering, and future costs.

Get Expert Legal Help to Prove Negligence in Your Car Accident Case

Proving negligence is the key to securing maximum compensation after a Michigan car accident. But insurance companies fight hard to reduce or deny claims even when you’re not at fault. You shouldn’t have to deal with this alone.  Call (517) 347-6900 today for a free consultation. Let’s discuss your case and start building the strongest claim possible.  See how proving fault fits into the larger legal claims process in our car accident law and process guide.

FAQs About Proving Negligence in Michigan Car Accidents

What is needed to prove negligence in a Michigan car accident case?

To prove negligence, four elements must be established: duty of care, breach of duty, causation, and damages. Evidence such as police reports, witness statements, medical records, and accident reconstruction reports can help support a claim.

Can I recover compensation if I was partially at fault for the accident?

Michigan follows a modified comparative negligence rule. You can recover compensation as long as you are not more than 50 percent at fault. However, your settlement or verdict will be reduced by your percentage of fault. You will be able to recover no-fault benefits regardless of fault.

Do I need a lawyer to prove negligence in a car accident case?

While it is possible to handle a claim without an attorney, proving negligence can be challenging, especially if fault is disputed. A lawyer can help gather evidence, negotiate with insurance companies, and protect your legal rights.

What should I do if the at-fault driver’s insurance denies liability?

If an insurance company refuses to accept liability, you may need to provide additional evidence, such as witness testimony, expert analysis, or accident reconstruction reports. A lawyer can help dispute the denial and pursue legal action if necessary.

How long do I have to file a lawsuit for negligence after a car accident in Michigan?

Michigan law sets a three-year statute of limitations for filing a personal injury lawsuit after a car accident. Failing to file within this time frame may result in losing the right to seek compensation.

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