In some car accidents, it is obvious which party was at fault, and these individuals or their insurance carriers are generally held accountable for their careless actions. Not all cases are so straightforward, however. In accidents where both drivers share some blame, the courts rely on comparative fault or comparative negligence rules to determine who is ultimately responsible for damages.
Comparative fault in Mankato car accident claims offers you the chance to secure fair compensation for a crash, even if you were partly to blame. Our team of auto accident attorneys understands how a serious injury can impact your life, and we look forward to helping you navigate the process of recovering what you are owed.
Comparative negligence—also known as comparative fault—is a legal standard used by the courts when multiple parties are liable for an accident. This standard exists to determine the degree of fault each side has in a case.
Each state approaches this issue in its own way. Minnesota follows the modified comparative fault rule, which prevents you from recovering compensation if you were more at fault than the defendant. This means you may recover some of your damages if fault is split 50/50, but you cannot recover any damages if you were 51 percent at fault and the defendant was 49 percent at fault.
Even if you have a lower percentage of fault than the defendant, juries are instructed to reduce an award by your percentage of fault.
Consider the following example: You are involved in an accident where you were driving over the speed limit, and another car struck you after running a stop sign. In total, you sustain $10,000 in damages. If the jury determines you are 70 percent at fault, you will receive nothing. By contrast, if you are assigned 30 percent of the fault, you will be awarded a total of $7,000 (a 30 percent reduction of the $10,000 award).
It is not always easy to understand the implications of comparative fault laws in a Mankato car crash claim. Let our team of local legal professionals help you get the outcome you deserve.
It is impossible to know what the outcome of your Mankato car accident claim will be, but taking certain steps, such as learning about comparative fault rules, can help to improve your chances of success.
When possible, gather evidence at the scene of the collision. This means taking photos of the cars and securing contact information for any witnesses. The more details you can provide for your legal team, the more likely you are to receive the settlement you deserve.
Seeking medical care is also critical if you were hurt in the crash. This can not only protect your health and hasten your recovery but also improve the strength of your civil claim.
It is also valuable to consult with an attorney. Our firm knows what it takes to hold negligent drivers accountable, and we will guide you through every step of the process.
Dealing with the aftermath of a car collision can be overwhelming. These situations are especially difficult if there is a dispute over who was at fault. Thankfully, our firm has experience with comparative fault in Mankato car accident claims and can help you recover damages even if you shared some of the blame for a crash. We understand how challenging these situations can be, which is why we are here to offer you support during this traumatic time. Contact us today and schedule a free meeting to discuss your legal options.