Being involved in a car accident can feel confusing and overwhelming, especially when both parties share fault. Understanding how partial responsibility can impact a personal injury case is important. Comparative fault laws determine what compensation may be available.
Understanding comparative fault
Comparative fault, also known as comparative negligence, allows courts to assign responsibility to both drivers based on their level of fault. For example, if both drivers made mistakes that led to the accident, each bears a percentage of the blame. The amount of compensation a driver receives depends on how much they contributed to the accident. Minnesota follows a modified comparative fault system.
Modified comparative fault in Minnesota
Minnesota uses a modified comparative fault rule, which means a person can recover damages only if they are less than 51% at fault. If the individual’s level of fault is 51% or higher, they cannot receive compensation. For example, if a driver is found to be 60% at fault, they will not qualify for any compensation. However, if they are 50% or less at fault, they can still recover damages, though the compensation will be reduced by their percentage of fault.
How shared fault affects a personal injury case
When both drivers share fault, insurance companies and courts determine how much each party owes in damages. The compensation someone receives reduces based on their percentage of fault. Understanding Minnesota’s comparative fault laws helps individuals know what to expect and prepare for the claims process.
Knowing how fault impacts a personal injury claim helps in making informed decisions. Consulting with a legal professional provides clarity on the next steps and ensures the protection of rights, regardless of the level of fault.