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Can you sue after a car accident if you were partially at fault?

| Dec 14, 2018 | Car Accidents |

Sometimes, determining fault in a car crash in Minnesota is relatively straightforward. For example, say you are waiting at a red light when you are rear-ended by a drunk driver. It is likely that the drunk driver will be considered at-fault in the crash.

However, other times there are many factors at play in a car accident. For example, say you are driving 10 mph over the speed limit when you are hit head-on by a distracted driver. It may seem likely that the distracted driver should be held liable for the crash, but, at the same time, you were speeding. In situations like this, you may wonder if you can pursue a lawsuit after a car accident if you were partially at fault.

When it comes to liability, in Minnesota it may be possible in some circumstances to recover damages, even if you were partially at fault. A person in Minnesota is only barred from recovering damages in a lawsuit if they were more than 50 percent at fault. In addition, the damages that may be awarded are proportional to the percent the party was at fault. So, for example, if a motorist was 80 percent at fault in a crash in Minnesota, that motorist would be barred from recovering damages. But, if a motorist was 30 percent at fault, they could recover 70 percent of the total damage award.

Keep in mind that this post is only a general overview of comparative fault in Minnesota. It cannot replace the advice of an attorney, nor can it guarantee any result in a specific case. Those who want more information about how comparative fault applies to them will want to seek legal guidance to have their questions answered.