It’s the question that keeps people from calling an attorney after a car accident or a slip-and-fall. You’re lying in a hospital bed in Fargo or Minneapolis, replaying the moment in your head: I shouldn’t have been speeding by five miles per hour. Or, I should have noticed that ice on the sidewalk. You might assume that because you weren’t “perfect,” you’ve lost your right to seek compensation. In some states, that’s actually true. But in Minnesota and North Dakota, the law is a bit more forgiving. It’s based on a concept called modified comparative fault, and understanding how it works is the first step to realizing that your case isn’t “ruined” just because you share a bit of the blame.
The 50% and 51% Rules: A Tale of Two States
Both Minnesota and North Dakota allow you to recover damages even if you were partially at fault. However, they draw the “finish line” in slightly different places.
- In Minnesota (The 51% Rule): You can recover money as long as your fault is not greater than the fault of the person you are suing. In plain English, if you are 50% at fault and they are 50% at fault, you can still win. But the second you hit 51%—meaning you were the primary cause of the accident—you get nothing.
- In North Dakota (The 50% Rule): The bar is a tiny bit lower. You can only recover if your fault is less than the defendant’s. If the jury decides it’s a perfect 50/50 split, a North Dakota plaintiff is barred from recovery. You have to be at 49% or lower to see a check.
It seems like a small distinction—just one percentage point—but in a courtroom, that one percent is everything. It’s the difference between a life-changing settlement and a total loss.
How the Math Affects Your Check
Even if you “win” your case while being 30% at fault, you don’t get the full amount of the damages. The court uses a simple reduction. If a jury decides your total damages (medical bills, lost wages, pain and suffering) are worth $100,000, but they assign you 30% of the blame for not wearing a seatbelt or being distracted, your award is reduced by that 30%. You would walk away with $70,000.
This is exactly why insurance companies work so hard to “dig” into your past or your habits. They aren’t just trying to prove they aren’t at fault; they are trying to chip away at your percentage so they can pay out less.
The Tactics of Blame
Shortly after an injury, you’ll likely get a call from an insurance adjuster. They might seem empathetic. They might say they “just want to get your side of the story.”
Be careful.
They are looking for small admissions. A phrase like “I didn’t see them coming” can be twisted into “The plaintiff wasn’t keeping a proper lookout.” Even a polite “I’m sorry” at the scene of the accident can be used as evidence of guilt. This is why we tell our clients: be polite, but don’t apologize, and don’t give a recorded statement until you’ve spoken with a personal injury attorney.
Proving “Their” Fault is Greater
To protect your recovery, we have to build a case that pushes as much of the “fault pie” as possible onto the other party. This involves more than just your word against theirs. We look for:
- Black Box Data: Most modern cars have event data recorders that show exactly how fast someone was going or if they braked.
- Surveillance Footage: In slip-and-fall cases, we often track down security footage from nearby businesses to see how long a hazard (like a spill or ice) was left unaddressed.
- Expert Reconstruction: Sometimes we hire specialists to recreate the physics of a crash to prove the other driver’s negligence was the true “but-for” cause of your injuries.
You Don’t Have to Be Perfect to Be Protected
Life is messy. Accidents happen fast, and rarely is one person 100% “innocent” while the other is a total villain. The legal system in our region recognizes that. Schneider Law Firm knows how to navigate these shades of gray. We focus on the facts of the law to make sure a minor mistake on your part doesn’t leave you holding the bill for someone else’s major negligence.
If you’re worried that your own actions might have contributed to your injury, don’t let that stop you from seeking a free case evaluation. Let us do the math and look at the evidence before you decide your case is over.
Contact Schneider Law Firm today to see how the local fault rules apply to your situation.