Minnesota uses comparative negligence to divide fault in accidents. The system allows multiple parties to share responsibility for damages, rather than assigning it all to one person. Understanding how the law works and documenting your case properly can help you recover compensation while minimizing disputes.
How does Minnesota calculate fault?
Under Minnesota Statutes § 604.01, courts assign a percentage of fault to each party. Your damages reduce by your share of responsibility. For example, if your damages total $10,000 but the court finds you 20% at fault, you can recover $2,000. But there is a limit. Note that Minnesota applies a modified comparative fault (the 51% Bar Rule), which means if the court finds you 51% or more at fault, you cannot recover any damages.
But what if you had no fault in the accident?
If you had no fault in the accident, you could recover your full damages from the other party. Since you bear no fault, your compensation is not reduced by Minnesota’s comparative negligence rules. For example, if a driver hits your legally parked car and you bear 0% of the fault, you can claim the full cost of repairs, medical expenses and other losses.
How to protect your claim
What you do after the accident affects the outcome of your claim. The following steps help preserve evidence:
- Take photos of the accident scene as well as any property damage.
- Collect your witnesses’ contact details and statements.
- Keep detailed medical records and receipts for treatment.
- Avoid admitting fault at the scene or on social media.
These actions create a clear record of your case and provide support during settlement talks or court proceedings.
Why you need an attorney
A Minnesota personal injury lawyer can review your situation and advise on how comparative negligence applies. They ensure your share of fault is assessed accurately and help gather evidence that supports your claim. While they cannot guarantee results, their guidance helps you avoid mistakes that could reduce your compensation. So, if you are ever in an accident, do not delay and speak with an attorney as soon as you can.