Sharing some blame for an accident does not automatically end an injury claim in Minnesota. But there is a specific point at which shared responsibility stops reducing a recovery and starts eliminating it entirely.
The Rule That Governs Shared Fault
Under Minnesota Statute 604.01, an injured person can recover damages as long as their own fault is not greater than the fault of the person or persons against whom recovery is sought. Below that line, compensation is simply reduced by the injured person’s percentage of fault.
Where The Line Actually Sits
If a jury finds an injured person 50 percent or less at fault, they can still recover damages, reduced by that percentage. Once that figure reaches 51 percent or more, recovery is barred entirely, regardless of how serious the resulting injuries turned out to be.
The Joint And Several Liability Rule Tied To This Threshold
A defendant found to be 51 percent or more at fault can be held jointly and severally liable for the entire damages award, meaning that single defendant alone can be required to pay the full amount even when other parties also share some responsibility. Defendants found less than 51 percent at fault are generally only liable for their own specific share.
Why This Matters When Multiple Parties Are Involved
Because a defendant crossing the 51 percent threshold can be on the hook for the entire award, this rule becomes especially significant in cases involving multiple potentially liable parties, such as a multi vehicle crash or an accident involving both a property owner and a contractor. Bennerotte & Associates, P.A. evaluates this joint liability question closely whenever more than one party may share responsibility.
Why Insurers Focus So Heavily On This Threshold
Because crossing 51 percent eliminates a claim entirely rather than merely reducing it, insurance adjusters have a strong incentive to argue that an injured person carries the majority of fault whenever liability is even somewhat disputed. A claim that would otherwise settle for a reduced amount can be denied outright if the adjuster succeeds in pushing the fault percentage past that line.
Evidence That Shapes A Fault Determination
Because so much depends on exactly where an injured person’s fault percentage lands, building a clear record early matters considerably:
- Police reports and any citations issued at the scene
- Photos or video documenting the scene and vehicle positions
- Witness statements describing what each party did leading up to the incident
- Physical evidence such as skid marks, debris patterns, or vehicle damage
Applying This Threshold To A Minneapolis Injury Claim
Because a fault finding at or above 51 percent eliminates recovery entirely, a thorough early investigation into what actually happened matters more than many injured people realize. A Minneapolis personal injury lawyer can review the evidence to challenge an inflated fault percentage before it affects settlement negotiations.
Why A Case Near The Threshold Deserves Careful Preparation
Because a case sitting close to the 50 percent mark can swing entirely one way or the other, careful preparation matters most exactly at that margin. A Minneapolis personal injury lawyer can help build the evidence needed to keep a borderline fault assignment from tipping past the line that would bar recovery.
A single percentage point separates a reduced recovery from no recovery at all under this rule, which is exactly why an insurer’s early fault assessment should never be treated as final. If you were hurt in an accident in Minneapolis and fault is being disputed, reach out to our office to go over the details of what happened.
