Can I recover if I was partially at fault?

Minnesota personal injury attorney James Heuer talks about what you can recover if you were partially at fault.

Contact James Heuer

Phone: (612) 333-3160


We talk about the scenario of getting injured in a rear end accident that’s a very common occurrence. But another kind of situation is a left turn situation where there might be a controlled intersection it might have a green light it might not have a green arrow. You might be in an area where it’s yield to the right of way and they’re just in a neighborhood and there’s not traffic control devices. So what we have in Minnesota is what is called comparative fault and all cases are determined on 100 percent worth of fault. So if you’re stopped at the stoplight and someone rear-ends you that’s going to be 100 percent their fault. But if you get to an intersection where you have the statutory right of way and you didn’t slow down fast enough when you see this person coming then the insurance company might or ultimately what would a jury do might attribute 20 percent of the fault to you.

So that means for very $1,000.00 of damages if you’re 20 percent at fault, you can only collect $800.00. And so that goes through the system and most of these cases get settled if the layer is reasonable, the client’s reasonable and those cased get settled. If they don’t, if there’s a problem with liability then we end up in a jury setting and that’s what a jury is asked to decide what’s a percentage of fault, what’s the percentage of damages. And we can talk about that later in terms of what happens at a jury trial and how that’s all sorted out. But at the end of the day, if you’re partially at fault it just means you’re not going to make 100 percent recovery for your damages.