When you’ve been injured or incurred property damage in an accident that was partially your fault, you do still have options. A St. Paul personal injury attorney explains the law governing recovering damages even if you are partially responsible.
Minnesota’s Modified Comparative Negligence Rule
In Minnesota, personal injury claims are decided based on a modified comparative negligence system. Modified comparative negligence means that a victim may be able to recover damages even if they bear some responsibility for the accident. If a court decides that the victim is less than 50% at fault, they can be awarded compensation reduced by their percentage of fault.
However, if the court determines that the victim is 51% or more at fault, they cannot recover any damages. The purpose of the system is to make sure that those who are mostly responsible for the accident cannot recover damages but also that victims can be compensated even if they are partially to blame for what happened.
Why Not to Admit Fault After an Accident
It can be possible that you harm your case by admitting fault too soon. When an accident happens, physical and emotional responses are unpredictable. Your body is flooded with stress hormones, and your emotions are running high. It is easy to make statements in the heat of the moment that are not accurate.
Statements made at the scene may end up being something you later regret, or you may just wonder why in the world you said anything at all. If you are involved in an accident, it is always best to limit communication with others at the scene. Rely on the evidence to show later what your actual involvement was, rather than your own words.
How Fault Is Determined
The evidence is key to determining who was at fault. Investigators will examine physical evidence, documentation of the incident scene, and reports from authorities about the event. They will read witness statements, and may call witnesses for further interviews if they need to clarify anything or ask about details that were not mentioned.
Investigators may also look for video footage from business security cameras or look for dashcam footage of that day and time. Medical records and other medical documentation related to the accident will be examined closely. In some cases, they may call on accident reconstruction experts to help them understand what happened in the particular circumstances of that day and time.
Compensation If You Were Partially at Fault
The amount of compensation you can seek will be directly determined by what your percentage of fault is determined to be. You may be able to recover both economic and non-economic damages. Economic damages are compensation for any tangible losses, such as medical expenses or lost wages. Non-economic damages compensate a victim for intangible losses.
If you were partly responsible for an accident, you may still be able to recover damages. Reach out to Rutzick Law Offices in St. Paul, MN, for help with understanding what damages you may be able to recover. We serve all surrounding communities.
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