INTRODUCTION

You’re driving home after a long day. It’s late afternoon, the roads are dry, and traffic is light. You’re on a main road where the speed limit is 45 miles per hour (MPH). You’re going a little fast, maybe 52 MPH not weaving through traffic, not being reckless, just moving with the flow and trying to catch the next green light. Up ahead is a busy intersection. Your light is green. You proceed through the intersection. Then, out of nowhere, a car from the cross street blows through the red light at full speed. You don’t even have time to hit the brakes before you’re struck. The front of your car smashes into the side of theirs. Airbags go off. Your car spins partway into the intersection. Everything is loud, chaotic, and then suddenly quiet. When you climb out, shaken and sore, the other driver starts saying, “I didn’t even see the light.” But witnesses saw it. The light was red and they ran it.

Still, after the dust settles, when insurance gets involved, they point to your speed. They say, “you were speeding. If you had been going the limit, you could have avoided it.” That’s when you realize how it happens: even though the other driver clearly caused the crash by running a red light, your speed becomes the thing they use to argue you share part of the blame.

After a crash like this, you may be wondering if you still have a case. And, if so, how does this work if you are partially at fault?

DISCUSSION

Do I Have a Case If I Was Partially at Fault? Comparative Negligence in Minnesota vs. North Dakota

Here’s the good news: being partially at fault does not automatically mean you don’t have a case. In many situations, injured people can still recover compensation — but the amount (and whether you can recover at all) depends on how fault is divided and which state law applies.

If you were injured in Minnesota or North Dakota, here’s what you need to know.

What Is Comparative Negligence?

Comparative negligence (also called comparative fault) is the legal rule that applies when more than one person contributed to an accident.

Instead of one person being “100% responsible,” the law allows fault to be divided by percentage, like:

  • Driver A: 80%
  • Driver B: 20%

If you’re found partially at fault, your compensation is typically reduced by your percentage of fault.

Minnesota vs. North Dakota: The Rule That Can Make or Break Your Case

Both Minnesota and North Dakota use a form of modified comparative negligence, but the cutoff is different, and it matters.

Minnesota: The “50% Rule”

In Minnesota, you can recover damages if you are 50% or less at fault.

  • 50% or less → you can still recover (reduced by your percentage)
  • 51% or more → you recover nothing

North Dakota: The “Less Than 50% Rule”

In North Dakota, you can recover damages only if you are less than 50% at fault.

  • 49% or less → you can still recover (reduced by your percentage)
  • 50% or more → you recover nothing

The Key Difference: What Happens If Fault Is 50/50?

This is the biggest practical difference between the states:

  • Minnesota: 50/50 fault means you can still recover (you just recover 50%).
  • North Dakota: 50/50 fault means you recover nothing.

That’s why in North Dakota, insurance companies often push hard to argue that you were at least 50% responsible.

Practical Example of How Fault Reduces Your Compensation

Thinking back to the crash from our introduction, imagine that fault is determined at 90 percent fault attributed to the driver who ran the red light. But, because you were slightly over the speed limit, you are attributed 10 percent fault. If damages are evaluated at $100,000, below is how your compensation would be determined:

  • Total damages: $100,000
  • Your fault: 10%
  • Recovery = $100,000 – $10,000 (10% of $100,000) = $90,000

Why Comparative Fault Becomes One of the Insurance Company’s Favorite Arguments

If an insurer can assign you more fault, they pay less. Common ways they try to do this include (but are not limited to) claiming you: were speeding; could have avoided the collision; were distracted; “should have braked sooner”; failed to yield; made an unsafe turn or lane change.

Even when their driver caused the crash, insurance companies often use these arguments to reduce the claim value. These companies often do not have your best interest in mind. In many cases, fault percentages are negotiable. Strong evidence (witnesses, crash reconstruction, vehicle data, and video footage) can make the difference between a fair settlement and an unfair reduction (or denial) of compensation by a biased insurance company.

CONCLUSION

The bottom line is that partial fault doesn’t automatically kill your case. If you’ve been injured in a crash in Minnesota or North Dakota and you’re worried you may share some blame, it’s worth talking to an attorney early. If you have been injured in a car crash, don’t wait to seek legal help. Contact us at SW&L Attorneys by calling 701-297-2890, or emailing us at: [email protected].

This article is for informational purposes only and is subject to our disclaimer.

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Same, consider linking to Century Code page that shows the statute. Helps with SEO too, because is a government based site.