In Minnesota, the concept of comparative fault determines the degree of fault each party in a car accident bears.
Minnesota follows a modified comparative fault system. That means you can still get compensation even if you were partially at fault for the accident.
Percentage of fault
The court assesses the percentage of fault for each party in the accident. If you are less than 50% at fault, you may be eligible for compensation.
Your compensation changes based on your percentage of fault. For example, if you are 20% at fault and the total damages are $10,000, your compensation goes down by 20%. You would receive $8,000.
Threshold for recovery
If you are 50% or more at fault, you may not get compensation. Minnesota follows a modified comparative fault system, which means you can recover damages only if your fault is less than 50%.
Comparative fault in insurance claims
Insurance companies also use comparative fault when settling claims. Your percentage of fault may influence your settlement amount.
One common scenario where two drivers may share fault is at intersections. For instance, if Driver A fails to yield the right of way at a stop sign, but Driver B is speeding and unable to stop in time to avoid a collision, both drivers could be at fault in some way.
Bad weather conditions, as are common in Minnesota winters, can also create situations where both drivers bear some responsibility. If Driver C fails to adjust their speed in icy conditions, and Driver D, despite having appropriate tires, is tailgating and unable to stop in time, both drivers may be at fault.
Minnesota’s comparative fault system can allow for some degree of compensation for people partially responsible for an accident. However, each situation is unique.