If your actions or inaction played a part in the causes of a car accident, you may still be entitled to compensation for your injuries or losses. It all comes down to your degree of involvement or percentage of fault. In some cases, the law bars you from recovering any damages, while in others, you can still pursue compensation despite your contribution to the causes of the crash.
Minnesota follows a modified comparative fault rule when parties share fault in car accidents. If you are less than 50% at fault for the accident, you can recover damages from another liable party. However, a contribution greater than 50% means you cannot recover anything, and other parties may opt to file a claim against you.
Your contribution to the accident will also impact your recoverable damages. These include lost wages, medical expenses, property damage and the pain and suffering you have experienced. Your compensation will be reduced by your percentage of fault.
How is fault established after a car crash?
Now, you may be wondering how each party’s percentage of fault is determined. Usually, this is based on the evidence collected at the scene, such as police reports, witness statements, photographs and even input from accident reconstruction experts.
It helps to note that fault is not always clear-cut in all cases, especially when the circumstances leading to the crash are unclear. You may dispute the findings if you think they are incorrect. That’s why you should gather as much evidence as possible and seek legal guidance immediately after a crash to more effectively protect your rights.
In such instances, you can present arguments supported by relevant evidence to contest the percentage of fault assigned to you before settling your claim. The sooner you take action, the better your chances will be of recovering the compensation you deserve.