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Who Is Liable For Your Motor Vehicle Crash Injuries?

One of the most important steps in any car accident claim is determining liability. Once you are sure who is ultimately responsible for your injuries, you can begin the process of filing a claim against them for the compensation you need to cover the costs of your injuries.

At the Law Office of Jeffrey A. Jones, P.A., we have been representing injured clients across Minnesota in their personal injury claims for decades. We know the laws surrounding these legal issues and how they can impact the outcome of your situation. You may be surprised that certain laws can regulate who is liable for your injury compensation.

Our “No-Fault” System

In Minnesota, we use a no-fault car accident claim system that requires all drivers to carry their own personal injury protection (PIP) insurance of at least $40,000. Before an accident victim can pursue compensation from the driver that hurt them, they must first seek compensation from their own PIP insurance. There are exceptions to this rule, however.

If your injuries have disabled you for at least 60 days, have permanently injured or disfigured you, or caused more than $4,000 in medical expenses, you are able to file a claim directly against the at-fault driver. From here, your injury claim will be subject to the modified comparative negligence rule.

This rule states that when an injury claim is determining liability, only victims that are 50% or less liable for the accident can recover any money from their claim.

How Modified Comparative Negligence Works

If, for example, your injury claim totaled to $100,000 in damages, both medical and nonmedical, a court would first look at how liable you are for the accident. If a jury determines that you were 25% liable for your accident, then you would only receive 75% of the total damages, or $75,000, because that is what the other driver was liable for. If they find you to be more than 50% liable, then you would not receive any compensation, as your share of the liability would outweigh the other driver’s liability.

Our goal as your legal representation in these cases is to minimize the liability you hold in your claim to maximize the compensation you receive for your injuries. We take the time to develop a custom-tailored representation plan based on the unique details of your case to pursue the outcome you deserve in your claim.

Start Your Claim With Confidence

After a car accident, you may be unsure about what to do next. Instead of taking chances with your claim and your future, allow us to guide you through your claims process. Call our Golden Valley office at 612-234-2992 or reach out to us online to schedule your initial consultation today.