Author: Jason Waechter | Date: January 22, 2026 | Category: Insurance, Motorcycle Accident Injuries, Motorcycle Laws, Uncategorized
After a motorcycle accident, injured riders often worry: “What if they say it was my fault?” Or worse: “What if they claim I was more than 50% responsible?”
Under Michigan law, fault percentage matters. It can directly affect whether you are legally allowed to recover pain and suffering damages.
The short answer: Yes, a motorcyclist can be found more than 50% at fault under Michigan’s comparative fault system. If that happens, recovery of non-economic damages such as pain and suffering may be barred.
If fault is being disputed after your motorcycle accident anywhere in Michigan, call 248-355-4701 for a free consultation. We represent injured riders statewide.
Michigan follows a modified comparative fault system under MCL 600.2959. Fault is allocated by percentage among all parties involved.
A jury determines how much responsibility each party bears for causing the crash.
Your recovery is reduced by your percentage of fault. For example, if you are 20% at fault, your damages are reduced by 20%.
If a motorcyclist is found more than 50% at fault, recovery of non-economic damages may be prohibited.
However, Michigan’s No-Fault system still generally provides medical benefits regardless of fault when a motor vehicle is involved. Fault percentage primarily affects negligence-based claims for pain and suffering.
Fault percentage is determined through evidence and legal analysis. Courts and juries consider:
Michigan law also allows fault to be allocated to non-parties under MCL 600.6304, meaning multiple individuals or entities may share responsibility.
Insurance companies often argue that a rider was:
These claims must be supported by credible evidence. Assumptions or stereotypes about motorcyclists are not substitutes for proof.
No. Speed is a factor, but it does not automatically determine fault percentage.
Courts examine whether the speed was a substantial contributing cause of the collision. Even when a rider was traveling above the posted limit, other factors — such as a driver’s failure to yield — may still represent the greater share of fault.
Comparative fault applies when multiple parties contributed to a crash.
For example, if a driver turns left in front of a motorcycle and the rider was slightly exceeding the speed limit, a jury may assign fault to both parties. The allocation depends on how significantly each action contributed to the crash.
Even if you meet Michigan’s serious impairment threshold under MCL 500.3135, you must still remain 50% or less at fault to recover non-economic damages.
Fault percentage and injury severity are separate legal requirements.
In many disputed cases, yes.
When reasonable minds could differ about how fault should be allocated, juries determine percentage responsibility. Judges may decide the issue only when the evidence leaves no genuine factual dispute.
Fault percentage often hinges on early evidence preservation. Surveillance footage, skid marks, and vehicle data can significantly affect how fault is calculated.
Delays may result in lost or degraded evidence that could otherwise support your position.
If you are concerned about being unfairly blamed for your motorcycle accident in Michigan, call 248-355-4701 for a free consultation. We represent riders throughout Detroit, Grand Rapids, Lansing, Flint, Ann Arbor, and across Michigan.
Yes, as long as your fault does not exceed 50%. Your recovery will be reduced by your percentage of fault.
If disputed, fault allocation is typically decided by a jury based on the evidence presented.
Helmet use may be considered in certain limited circumstances, but it does not automatically determine fault for causing the collision itself.
We represent injured motorcyclists across Michigan. Call 248-355-4701 for a free consultation. You pay nothing unless we win.
Results may vary depending on your particular facts and legal circumstances.
Provide a few simple details about your injury and our team will take it from there.