Car accidents happen so quickly that it can be difficult to really know who was truly at fault. In some cases, both parties end up sharing some of the blame.
What happens then? Can you still pursue a personal injury claim for your losses, or are you simply out of luck?
Comparative negligence portions out the responsibility fairly
In Minnesota, the comparative negligence rule says that you can still recover damages for your injuries and other losses so long as you are no more than 50% responsible for the accident. However, any damages you receive will be reduced by the percentage of fault that you’re assigned.
What does that look like in practice? Well, imagine that you were backing out of your driveway in your car when your neighbor – who was looking at their phone – plowed into you with their car. They were certainly at fault for driving while distracted, but they successfully argue that you wouldn’t have gotten as hurt as you did if you’d remembered to put your seatbelt on before you started moving.
In the end, your neighbor is assigned 80% of the blame for your injuries, but you are assigned 20% for that forgotten seatbelt. If your total losses are $100,000, then you would receive 20% less, or $80,000.
This is why car accident victims are so often discouraged from talking to insurance adjusters after a wreck. Adjusters are trained to listen for any admission, no matter how small, that can be used to deflect blame away from their client and back onto the injured driver. If you’ve been injured in a wreck, the best way to protect your interests is by seeking legal guidance right away.