by What “Negligence” Really Means in a Michigan Personal Injury Case
By Steinberg Goodman Law PLLC | Personal Injury Lawyers Serving Oakland, Wayne, Macomb, and WashtenawCounties
Negligence is a key concept in nearly every personal injury case in Michigan — whether it involves a car accident, motorcycle crash, slip and fall, or animal attack.
In simple terms, negligence means someone didn’t act as carefully as a reasonable person would have, and as a result, someone else was hurt. Michigan law holds people and businesses responsible when their carelessness causes harm.
The Four Elements of Negligence in Michigan
To win a personal injury claim in Michigan, you must prove four essential elements:
- Duty – The other person or business had a legal responsibility to act carefully. For example, drivers must follow traffic laws, and property owners must keep their premises safe.
- Breach – They failed to meet that duty by acting carelessly or by not taking reasonable precautions.
- Causation – Their actions (or failure to act) directly caused your injury.
- Damages – You suffered real harm, such as medical bills, pain and suffering, lost wages, or permanent disability.
You must prove these elements by a preponderance of the evidence, meaning it’s more likely than not that the other party’s negligence caused your injury.
Michigan’s Modified Comparative Fault Rule
Michigan follows a modified comparative fault system.
Here’s what that means:
- If you’re partly at fault, your recovery is reduced by your percentage of fault.
- If you’re more than 50% at fault, you cannot recover non-economic damages (like pain and suffering) and may be barred from recovering entirely.
So even if you share some blame, you can still recover compensation — but your percentage of fault will reduce the amount you receive.
How Negligence Applies in Common Michigan Injury Cases
1. Motor Vehicle Accidents
Drivers in Michigan must obey traffic laws and drive reasonably under the circumstances.
Negligence can include:
- Speeding or distracted driving
- Running red lights or stop signs
- Driving under the influence
- Failing to yield or maintain safe distance
Michigan’s No-Fault insurance system covers many initial losses (medical bills and wage loss) through your own insurer. But in serious cases, you can file a third-party negligence claim against the at-fault driver for pain and suffering damages. Comparative fault will affect how much you can recover.
2. Motorcycle Accidents
Motorcycle crashes often result in catastrophic injuries. Negligence may involve:
- Drivers failing to see or yield to motorcycles
- Unsafe lane changes or following too closely
- Poor road maintenance or debris
Even when a rider takes every precaution, other motorists’ negligence can cause devastating results. Evidence such as skid marks, helmet use, and vehicle damage often plays a key role in determining fault.
3. Premises Liability (Slip & Fall and Unsafe Property Conditions)
Property owners and managers in Michigan must maintain safe conditions for visitors. Negligence can occur when an owner:
- Fails to fix or warn about known hazards
- Ignores icy walkways, broken stairs, or wet floors
- Doesn’t provide proper lighting or handrails
In these cases, the property owner may argue that the danger was “open and obvious,” or that you were partly responsible for not noticing it. Michigan’s comparative fault rules then determine how much compensation you can receive.
4. Animal Attacks and Dog Bites
Michigan law holds pet owners responsible for controlling their animals. Negligence may occur when an owner:
- Lets a dog roam without a leash
- Fails to warn visitors about a dangerous animal
- Ignores signs of aggression
Dog bite victims may recover damages for medical care, scarring, and emotional trauma. However, if the victim provoked the animal or ignored warnings, comparative fault may reduce the recovery.
Protecting Your Rights After an Accident
If you’ve been injured because someone else was negligent, take these steps right away:
- Document the scene — take photos, get witness information, and keep all records.
- Seek prompt medical attention — and follow your doctor’s orders.
- Avoid making statements to insurance companies without legal advice.
- Contact an experienced Michigan personal injury attorney to protect your rights and maximize your recovery.
Why Choose Steinberg Goodman Law PLLC
At Steinberg Goodman Law PLLC, we have decades of experience handling complex personal injury cases across Michigan — from auto and motorcycle accidents to premises liability and animal attacks.
We understand the laws, the insurance system, and how negligence and fault affect your claim.
We fight for every dollar you deserve — and we don’t get paid unless you do.
Call (248) 538-1494 or visit steinberg-goodmanlaw.com to schedule your free consultation today.
We Tip the Scales and Fight for Every Dollar You Deserve.
by Motorcycle Accidents in Michigan: What You Need to Know
Understanding the Road Ahead After a Motorcycle Crash
If you or a loved one has been hurt in a motorcycle accident in Michigan, you may be facing pain, financial stress, and questions about what comes next. Motorcycle crashes often lead to catastrophic injuries like broken bones, brain trauma, spinal cord damage, or lifelong disability.
At Steinberg Goodman Law PLLC, we know how overwhelming this time can feel. Many riders ask:
- Who pays my medical bills?
- Can I get wage loss benefits?
- Can I sue the driver who caused my crash?
Our team is here to guide you through these questions. We are a Michigan personal injury law firm serving Oakland, Wayne, Macomb, and Washtenaw Counties, and beyond. We Tip the Scales and Fight for Every Dollar You Deserve.
What Protections Does Michigan Law Give Motorcycle Accident Victims?
Michigan’s auto insurance laws are complex and nuanced, especially for motorcycle crashes. Here’s how the law works today:
- Personal Injury Protection (PIP): Under Michigan’s No-Fault law, motorcyclists injured in a crash involving a motor vehicle, may qualify for PIP benefits through the insurer of the car involved, or through Michigan’s Assigned Claims Plan if no coverage applies. PIP can cover medical bills, rehabilitation, and lost wages.
- Bodily Injury/Third-Party Claims: If another driver caused your crash, you may file a third-party lawsuit for pain and suffering, permanent disability or disfigurement, or wrongful death. To do this, you must show a “serious impairment of body function” or “permanent serious disfigurement.”
Can I Sue After a Motorcycle Accident in Michigan?
Yes, in many cases you can. Our team at Steinberg Goodman Law PLLC can help you understand your options, prove fault, and fight for additional compensation beyond PIP, including money for:
- Pain and suffering
- Permanent disability
- Lost future earnings
- Wrongful death damages
Why Seeking Medical Care is Essential
Even if you feel “okay” after a crash, it’s critical to get medical care right away. Here’s why:
- Medical records strengthen your case. Insurance companies and courts require proof of injury.
- Delays can hurt your claim. If you wait to see a doctor, insurers may argue your injuries weren’t caused by the crash.
- Your health matters most. Prompt care helps with recovery and avoids long-term complications.
What To Do After a Motorcycle Accident in Michigan
If you or someone you love is involved in a motorcycle accident, here’s a quick checklist:
- Call 911 and report the accident.
- Seek immediate medical care, even if injuries seem minor.
- Get insurance and contact information from all drivers involved.
- Take photos of the scene, vehicles, and your injuries.
- Do not give recorded statements to insurers before speaking with an attorney.
- Contact Steinberg Goodman Law PLLC as soon as possible.
Take the Next Step Toward Recovery
You don’t have to face this alone. At Steinberg Goodman Law PLLC, our team has decades of experience fighting for Michigan motorcycle accident victims. We’re here to answer your questions, explain your rights, and pursue every dollar of compensation you deserve.
Call us today at (248) 538-1494 or visit www.steinberg-goodmanlaw.com for a free, no-pressure consultation.
Steinberg Goodman Law PLLC — We Tip the Scales and Fight for Every Dollar You Deserve.