Shared fault means that the parties involved in an accident share some responsibility for the crash. It could be due to speeding, distracted driving or failure to yield.
Usually, the level of fault assigned to each party determines their entitlement to compensation for the harm and loss suffered. Here is what you should know if you contributed to a crash in Minnesota.
Minnesota’s comparative negligence laws explained
Comparative negligence is a legal principle commonly used to assign blame and award monetary damages to injured parties in a car accident. Minnesota follows a modified comparative negligence rule that allows parties to recover compensation even if they contributed to a crash. However, there is an exception.
The law bars recovery if a party’s degree of fault is more than 50%. It means you cannot recover damages if you majorly contributed to the crash.
How is fault established after a crash?
There is no one way of ascertaining each party’s level of constitution to a crash. It all depends on the circumstances. The process involves:
- A thorough investigation by law enforcement and insurance companies
- Examining the accident scene
- Speaking to witnesses
- Reviewing traffic laws
- Analyzing any available surveillance footage or vehicle data
Ultimately, each party’s fault is established based on the preponderance of evidence. Statements from drivers and involved parties are taken into account. The police report from the crash scene and expert opinions may also be used to determine liability.
Protect your legal rights
Navigating the complexities of shared fault and comparative negligence can be challenging, especially when dealing with insurance companies. As such, it is prudent to seek legal assistance to help protect your rights, assess the evidence and represent your interests to ensure you receive the maximum compensation possible.