Most people assume that if they share any blame for a crash, especially one involving a drunk driver, they’re completely out of luck when it comes to getting paid for their injuries or car damage. That’s not always true. In fact, “can I still recover compensation if I was partially at fault in a drunk driving accident?” is one of the most common and important questions people ask after this type of crash.
In many states, comparative negligence laws allow injured drivers to recover compensation even when they’re partly responsible. These laws don’t let drunk drivers off the hook just because the other driver made a mistake too.
In this blog, you'll learn how partial fault works, how it affects the money you could receive, what kinds of evidence help your case, and what steps to take if you're dealing with an insurance company that’s trying to shift too much of the blame onto you.
Drunk driving crashes often involve multiple issues and legal questions. A Minnetonka car accident lawyer can evaluate the facts and fight to reduce your share of the blame. If you’ve been hurt in a crash where alcohol played a role, don’t wait. Contact a local injury attorney for a free consultation.
Understanding Comparative Negligence Laws
When fault is shared in a car accident, each party’s actions come under review. That’s where comparative negligence laws come into play. These laws explain how much compensation a person can receive if they contributed in some way to the crash. Let’s take a closer look at how this works using Minnesota as an example.
Modified Comparative Negligence in Minnesota
Minnesota follows a modified comparative negligence system with a 51% bar rule. This means an injured person can recover compensation as long as they are not more than 50% at fault for the accident. If their fault reaches 51% or more, they lose the right to recover any damages.
For example, if you were involved in a drunk driving crash and were found to be 30% at fault—maybe for speeding or making an unsafe lane change—you could still recover damages. However, your final payout would be reduced by 30%.
But if you were found 51% at fault, you would recover nothing under Minnesota law.
Why This Matters in Drunk Driving Cases
Even if the other driver was drunk, insurers will examine your behavior to assign fault percentages. If your actions contributed to the crash, they’ll argue that you hold some responsibility. As long as your share of the blame stays under 51%, you can still seek compensation. That’s why the details of your case matter—every percentage point affects your final settlement or jury award.
Partial Fault Doesn’t Always Mean Reduced Recovery
Minnesota courts and insurers look at many factors when assigning fault. The more evidence you have showing the drunk driver’s role in causing the crash, the lower your assigned fault may be. This means a stronger case often results in a better outcome, even if you made a mistake on the road.
What Factors Contribute to Partial Fault in Drunk Driving Cases?
It may seem like the drunk driver should take full blame, but insurance companies often look for ways to pin some fault on the sober driver, too.
Common Scenarios Leading to Shared Liability
Some actions can weaken your case, even when the other driver was under the influence:
- Speeding: If you were driving over the speed limit, insurers may claim you could have avoided the crash.
- Ignoring traffic signs or signals: Running a red light or stop sign can count against you.
- Improper turns or lane changes: If you made a sudden turn or switched lanes without signaling, that could shift some of the blame to you.
- Distracted driving: Using your phone or being inattentive reduces your reaction time, even if you were sober.
How Insurance Companies Assess Fault Percentages
Insurance companies use several tools to argue how much fault belongs to each party.
- Investigations and evidence review: Adjusters look at crash reports, photos, and damage.
- Police reports: Officers often assign blame in the official report, which carries weight.
- Witness statements: Third-party witnesses can support or damage your version of events.
- Traffic citations: If you received a ticket, insurers will use it to suggest wrongdoing.
- Accident reconstruction: Sometimes experts recreate the scene to estimate speed, angles, and timing.
Even if the other driver was clearly impaired, your actions before the crash still matter. Insurance companies use partial fault arguments to lower what they owe, even in drunk driving crashes.
How Much Compensation Can I Recover if I'm Partially at Fault?
Getting injured in a drunk driving crash already puts you in a tough spot. Finding out your own actions might lower your compensation adds another layer. Here’s how partial fault affects your potential recovery.
Calculation Methods for Reduced Damages
Insurance adjusters or juries determine fault percentages after reviewing the evidence. Once they assign those percentages, they apply them to your total damages to figure out what you’re eligible to receive. Here’s a simple formula:
Your Recovery = Total Damages – (Total Damages × Your Fault Percentage)
For example:
- Let’s say your total damages are $80,000.
- You’re found 25% at fault.
- Your compensation would be reduced by $20,000.
- Final recovery: $60,000
These reductions happen in every case where fault is shared. Even if the drunk driver clearly caused most of the crash, your own driving behavior can affect the final numbers.
Types of Damages That May Be Reduced
All categories of damages are subject to reduction if you’re partially at fault. These can include:
- Medical Bills: Hospital stays, surgeries, medications, and follow-up treatments.
- Lost Wages: Paychecks missed while you recover, or lost future income if you can’t return to work.
- Pain and Suffering: Compensation for physical discomfort, anxiety, loss of sleep, or emotional trauma.
Economic vs. Non-Economic Damages
Your compensation will usually include:
- Economic damages, which are easy to measure in dollars, like medical costs and lost income
- Non-economic damages, which are harder to put a number on, like physical pain or emotional distress
Both types are subject to reduction based on your fault percentage. The insurance company or court won’t reduce only certain types—they apply the cut across your full award.
Understanding how fault affects your payout helps you set realistic expectations. It also shows why fighting back against unfair blame is worth the effort. Every percentage point of fault matters when it comes to the final amount in your pocket.
Evidence That Strengthens Your Case Despite Partial Fault
Even if you made a mistake, strong evidence can help reduce your fault percentage and protect your right to compensation.
- Medical records: Show the severity of your injuries and link them to the crash.
- Witnesses: People who saw the accident can back up your version of events.
- Accident reconstruction: Professionals can analyze the scene and create detailed reports about how the crash likely happened.
- Traffic or surveillance video: Footage from nearby cameras can show speed, signals, and behavior.
- Proof of intoxication: Police reports, blood alcohol tests, and criminal charges against the drunk driver all support your claim.
- Cell phone records: Help prove if you or the other driver were distracted.
Every piece of evidence you collect makes it harder for the insurance company to shift the blame onto you.
Can I Still Sue if the Drunk Driver Was More at Fault?
In many cases, the drunk driver holds the majority of the blame, which means you may still have the right to file a lawsuit, even if you made a mistake too.
When Partial Fault Doesn’t Bar Your Claim
You can often sue if:
- Your share of the blame falls under the state's threshold (less than 50% or 51%)
- The drunk driver committed a serious traffic violation or faced criminal charges
- The drunk driver’s actions were far more dangerous or reckless than yours
If the drunk driver is arrested or convicted of DUI, that strengthens your civil case. Courts sometimes allow larger recoveries when the driver was breaking the law in an obvious and dangerous way.
Strategic Considerations for Filing Suit
Timing and resources matter in every case.
- Statutes of limitation: Each state gives you a certain amount of time to sue. In Minnesota, for instance, you typically have six years to file. However, claims against government entities usually have far shorter deadlines.
- Insurance policy limits: The drunk driver’s insurance may not cover all your damages, especially in severe crashes.
- Punitive damages: Courts sometimes award extra money to punish drunk drivers, especially if they have past offenses.
An attorney can look at all these angles and decide whether filing a lawsuit gives you the best chance of recovering money.
How a Personal Injury Attorney Can Maximize Your Recovery
You don’t have to take the insurance company’s word for how much blame you deserve. A personal injury attorney can work to reduce your percentage of fault and increase your compensation.
- Detailed investigation: Lawyers review crash scenes, interview witnesses, and gather records that paint a clearer picture.
- Negotiation with insurers: Adjusters often offer low settlements at first. Legal help puts pressure on them to offer more fair terms.
- Building your case: Attorneys bring in medical professionals and crash experts when needed.
- Local knowledge: Some courts or juries have a pattern in how they decide shared-fault cases. An attorney who knows the area uses that to your advantage.
- Accident reconstruction: Lawyers often work with specialists who can present detailed, credible explanations of how the crash happened.
You deserve someone who will present your case clearly and challenge any attempts to shift blame away from the drunk driver.
When to Consult a Lawyer About Your Drunk Driving Accident Case
Getting legal advice early helps preserve your options and strengthens your case.
- After the crash: Seek medical care, report the accident, and get a copy of the police report.
- Signs you need legal help: The insurance company blames you, delays your claim, offers a low settlement, or ignores clear proof of the other driver’s intoxication.
- Attorney fees: Most personal injury attorneys work for a contingency fee. You don’t pay up front. They receive a portion of any money recovered on your behalf.
- Timing matters: Waiting too long to act can mean lost evidence, missed deadlines, or lower settlement offers.
- Save your records: Photos, doctor visits, pay stubs, and communication with insurers all support your case.
The sooner you reach out, the stronger your claim may be.
Common Questions About Recovering Compensation After a Drunk Driving Crash
Will my insurance rates increase if I'm found partially at fault?
Yes, your rates might go up if your insurance company believes you contributed to the crash. Each insurer handles this differently.
Can I be held responsible for the drunk driver's damages if I'm partially at fault?
It’s possible. If the drunk driver files a counterclaim and a court finds you partly responsible, you may owe some damages, though this is rare when the other driver was intoxicated.
What if the drunk driver doesn't have insurance?
You may be able to use your own uninsured motorist coverage, if you have it. Some states also allow lawsuits against the driver personally.
Do criminal charges against the drunk driver help my civil case?
Yes. A DUI charge or conviction shows the other driver acted recklessly, which supports your claim for damages.
Let Our Experienced Drunk Driving Accident Lawyers Help
Sharing some of the blame in a crash with a drunk driver doesn’t mean you're out of options. Many injured drivers still recover fair compensation, even when they made a mistake too. Comparative negligence laws can work in your favor, but they’re also full of details that can trip you up without legal help.
The drunk driving accident team at Fields Injury Law has handled cases like yours. Our Minnetonka personal injury attorneys work hard to push back against unfair blame, gather the proper evidence, and fight for what you deserve. We offer free consultations; you won’t pay unless we recover your money. That means no upfront costs while we build your case.
Evidence fades quickly, and insurance companies move fast to limit what they pay. Call Fields Injury Law today at 612-206-3495 to schedule your consultation and learn your options before time runs out.
