Minnesota
Truck Accident Laws in Minnesota (2026): Deadlines & Liability
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 7 primary sources cited on this page. How we verify our legal content
A Minnesota truck accident is governed by two overlapping rulebooks: Minnesota's own injury law (the filing deadline, the comparative-fault rule, and the state's no-fault auto system) and the federal regulations that control how commercial carriers and drivers must operate. Because Minnesota is a no-fault state, your own policy pays first and a lawsuit for pain and suffering against the at-fault trucker requires clearing a statutory threshold. Because the other vehicle is a commercial truck, federal safety rules often supply the evidence of negligence.
This page covers the Minnesota deadlines and liability rules that follow a crash with a semi, box truck, or other commercial vehicle, then the uniform federal rules that shape every interstate trucking case. It is general legal information, not legal advice.
What is the deadline to sue after a Minnesota truck accident?
Minnesota's general statute of limitations for a personal-injury negligence claim is six years from the date of the injury under Minn. Stat. 541.05. That six-year window is longer than in most states. Wrongful-death claims are different: under Minn. Stat. 573.02, a death-by-wrongful-act action must be commenced within three years of the date of death, and in no event more than six years after the act or omission that caused the death. A wrongful-death suit must be brought by a court-appointed trustee for the next of kin.
Even with a comparatively long deadline, the time-sensitive part of a truck case is evidence preservation, not the filing date. Trucking data can be overwritten within weeks, so the practical clock often runs much faster than six years.
Minnesota's fault rule: how shared blame affects recovery
Minnesota follows modified comparative fault under Minn. Stat. 604.01. Your recovery is reduced in proportion to your share of fault, and you are barred from recovering at all if your fault is greater than the fault of the party against whom you seek recovery. In a two-party crash this functions as a 51% bar: you can recover if you are 50% or less at fault, but not if you are 51% or more at fault.
In a multi-defendant truck case, the comparison is to the combined fault of those you are suing, which can work in an injured person's favor when several trucking-side parties share responsibility. Establishing the fault percentages is therefore a central battleground, and the federal-regulation evidence discussed below often drives that analysis.
No-fault and the tort threshold in Minnesota
Minnesota is a no-fault auto state. Under its no-fault act, your own policy pays personal injury protection (PIP), also called basic economic-loss benefits, for medical expenses and a portion of lost income regardless of who caused the crash. State law requires at least $40,000 of PIP per person ($20,000 for medical expenses and $20,000 for nonmedical losses such as wage loss).
Because PIP pays first, you cannot automatically sue the at-fault trucker for pain and suffering. Under Minn. Stat. 65B.51, you may recover noneconomic damages only if you clear the tort threshold. That threshold is met if your reasonable medical expenses exceed $4,000, with benefits paid for diagnostic x-rays and for rehabilitative, non-remedial treatment or a course of rehabilitative occupational training subtracted from that sum, or if the injury results in permanent injury, permanent disfigurement, disability for 60 days or more, or death. You only need to satisfy one of these.
Most people seriously injured by a commercial truck clear this threshold easily, since medical bills in a truck collision routinely exceed $4,000 and serious injuries are often permanent. But the threshold still has to be documented, which is why thorough medical records matter. Economic losses beyond your PIP limits may also be recoverable from the at-fault party.
Damage caps in Minnesota
Minnesota does not cap compensatory personal-injury damages in a standard motor-vehicle case. Economic damages (medical expenses and lost earnings) and noneconomic damages (pain and suffering) in a typical truck-crash claim are not subject to a statutory ceiling, subject to the comparative-fault and no-fault rules above. Punitive damages, which are available only on clear-and-convincing proof of deliberate disregard for the safety of others, are governed by separate statutory standards and procedures.
Minimum insurance in Minnesota
Minnesota requires every auto policy to carry at least 30/60/10 in liability coverage ($30,000 bodily injury per person, $60,000 per accident, $10,000 property damage) under Minn. Stat. 65B.49 subd. 3, plus at least $40,000 in PIP benefits ($20,000 for medical expense loss and $20,000 for income loss and other nonmedical losses under Minn. Stat. 65B.44), and uninsured and underinsured motorist coverage of at least $25,000 per person and $50,000 per accident under Minn. Stat. 65B.49 subd. 3a. These are the floors for ordinary drivers. Commercial trucks face far higher federal requirements, covered next.
Federal FMCSA rules that govern trucking
Interstate commercial trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA) under Title 49 of the Code of Federal Regulations. These rules apply nationwide and frequently supply the proof of negligence in a truck case:
- Hours of service (49 CFR Part 395): A property-carrying driver may drive a maximum of 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty, must take a 30-minute break after 8 hours of driving, and may not drive after 60 hours on duty in 7 days or 70 hours in 8 days.
- Electronic logging devices (ELDs): Most drivers must record their hours with an ELD that automatically captures driving time, making falsified-logbook fatigue easier to prove.
- Driver qualification and CDL: Drivers must hold a valid commercial driver's license and meet medical and qualification standards under the driver-qualification rules.
- Drug and alcohol testing: Carriers must conduct pre-employment, random, post-accident, and reasonable-suspicion testing.
- Vehicle maintenance and inspection (49 CFR Part 396): Carriers must systematically inspect, repair, and maintain their vehicles and keep records.
A logbook showing too many hours behind the wheel, a skipped inspection, or a missed drug test can become central evidence that the driver or carrier was negligent.
Who can be held liable after a truck accident
A truck crash routinely produces several defendants, often corporate, which is a key difference from a typical car accident. Depending on the facts, the responsible parties can include the truck driver; the motor carrier (both vicariously for the driver's on-the-job conduct and directly for negligent hiring, training, supervision, or retention); a freight broker or shipper; the company that loaded or secured the cargo; and the manufacturer of a defective part such as a brake or tire.
Identifying every potential defendant matters because each may carry separate insurance, and because a carrier's own safety failures (pushing drivers past their hours, ignoring maintenance) can be independent grounds for liability beyond the driver's mistake.
Federal minimum insurance for trucks
Under 49 CFR 387.9, an interstate for-hire motor carrier hauling general (nonhazardous) freight in a vehicle of 10,001 pounds or more must maintain at least $750,000 in public-liability coverage. Carriers hauling certain hazardous materials must carry far more, up to $5,000,000. These federal minimums dwarf typical car-insurance limits and are one reason serious truck claims are valued differently from ordinary car-crash claims.
Preserving evidence after a truck crash
Trucking evidence is perishable. A truck's engine control module (its onboard "black box") can record speed, braking, and throttle data; the driver's ELD and logbooks record hours; and the carrier's maintenance and inspection records can show neglect. Much of this data can be overwritten or lawfully discarded on a routine retention schedule within weeks. A prompt written preservation (spoliation) letter to the carrier, asking it to retain the ECM data, ELD records, dispatch records, and maintenance files, helps keep that evidence intact. Before that routine retention schedule runs out, ask a Minnesota truck accident lawyer for a free claim review and a demand to keep the ECM and ELD data (attorney advertising).
Also preserve the basics on your side: the police crash report, photographs of the vehicles and scene, the names of witnesses, and complete medical records documenting your injuries.
How to evaluate a Minnesota truck-accident claim
Most personal-injury attorneys handle truck cases on a contingency-fee basis (the fee is a percentage of any recovery) and many offer a free initial consultation. No lawyer can promise a particular outcome or dollar amount; the value of any claim depends on the facts, the injuries, the available insurance, and the fault analysis.
The practical priorities after a Minnesota truck crash are to get medical care and document your injuries, report the crash and obtain the police report, open your PIP claim with your own insurer, preserve evidence quickly, and keep both the six-year injury deadline and the shorter three-year wrongful-death deadline in view.
Frequently Asked Questions
What is the deadline to sue for a truck accident in Minnesota?
For a personal-injury claim, six years from the date of the crash under Minn. Stat. 541.05. A wrongful-death claim is shorter: it must be filed within three years of the date of death under Minn. Stat. 573.02, and never more than six years after the act that caused the death. Because trucking evidence can disappear quickly, it is wise to act long before these deadlines.
Can I sue the trucker if Minnesota is a no-fault state?
Yes, if your injury clears the tort threshold. Your own PIP coverage pays medical and a share of wage losses regardless of fault, but to sue the at-fault driver for pain and suffering you must meet Minn. Stat. 65B.51: medical expenses exceeding $4,000, after subtracting benefits paid for diagnostic x-rays and for rehabilitative, non-remedial treatment or occupational training, or permanent injury, permanent disfigurement, 60 or more days of disability, or death. Most serious truck-crash injuries clear it.
How does Minnesota's comparative-fault rule affect my recovery?
Under Minn. Stat. 604.01, your recovery is reduced by your percentage of fault, and you recover nothing if your fault is greater than the fault of the party you are suing. In a two-party crash that works as a 51% bar: you can recover at 50% fault or less, but not at 51% or more.
Who can be sued after a truck accident?
Often several parties. Liability can fall on the truck driver, the motor carrier (both for the driver's conduct and for negligent hiring, training, or supervision), a freight broker or shipper, a cargo loader, or the maker of a defective part. Truck cases routinely involve multiple, often corporate, defendants, each of which may carry separate insurance.
How is a truck accident different from a car accident?
Truck cases add a layer of federal regulation and usually more defendants. Interstate carriers must follow FMCSA rules on hours of service, electronic logging, driver qualification, drug testing, and maintenance, and their violations become liability evidence. Interstate general-freight carriers must carry at least $750,000 in liability coverage under 49 CFR 387.9, far above a normal car policy, and time-sensitive evidence like the truck's black box and the driver's logs must be preserved quickly.
How much is a Minnesota truck-accident case worth?
There is no formula and no guaranteed figure. The value of any claim depends on the severity and permanence of the injuries, the economic losses, the strength of the fault evidence, and the insurance available. Minnesota does not cap compensatory personal-injury damages in a standard motor-vehicle case, and the high federal insurance minimums for trucks can affect what is recoverable. A lawyer can evaluate a specific case, but no one can promise an outcome.
Updates
Corrected the Minnesota insurance minimums to show uninsured and underinsured motorist coverage at $25,000 per person and $50,000 per accident separately from the $40,000 PIP requirement, and restated the no-fault tort threshold using the statute's own exclusion for diagnostic x-rays and rehabilitative treatment.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Minnesota Statutes, Chapter 65B: AUTOMOBILE INSURANCE
§ 65B.51DEDUCTION OF COLLATERAL BENEFITS FROM TORT RECOVERY; LIMITATION ON RIGHT TO RECOVER DAMAGESIn forcecited in 2 of our articles
Subdivision 1. Deduction of basic economic loss benefits. With respect to a cause of action in negligence accruing as a result of injury arising out of the operation, ownership, maintenance or use of a motor vehicle with respect to which security has been provided as required by sections 65B.41 to 65B.71, the court shall deduct from any recovery the value of basic or optional economic loss benefits paid or payable, or which would be payable but for any applicable deductible. In any case where the claimant is found to be at fault under section 604.01, the deduction for basic economic loss benefits must be made before the claimant's damages are reduced under section 604.01, subdivision 1. Subd. 2. Right to recover economic loss not covered in first party benefits.
Official text (excerpt) · last checked 2026-09-10 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 96 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Rosenberg v. Heritage Renovations, LLC (Supreme Court of Minnesota 2004, 685 N.W.2d 320)“…permanent injury, death or disability for 60 days or more. Minn.Stat. § 65B.51, subds. 1 and 3 (2002). [8] One arti…”
- Nelson v. American Family Insurance Group (Supreme Court of Minnesota 2002, 651 N.W.2d 499)“…would be payable but for any applicable deductible. Minn.Stat. § 65B.51, subd. 1. Further, the Act provides tha…”
- Nemanic v. Gopher Heating & Sheet Metal, Inc. (Supreme Court of Minnesota 1983, 337 N.W.2d 667)“…expert testimony to support the tort threshold required by Minn.Stat. § 65B.51, subd. 3 (1982) and the element of caus…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Car Accident Laws: No-Fault, PIP, and Your Claim
§ 65B.44BASIC ECONOMIC LOSS BENEFITSIn forcecited in 2 of our articles
Subdivision 1. Inclusions. (a) Basic economic loss benefits shall provide reimbursement for all loss suffered through injury arising out of the maintenance or use of a motor vehicle, subject to any applicable deductibles, exclusions, disqualifications, and other conditions, and shall provide a minimum of $40,000 for loss arising out of the injury of any one person, consisting of: (1) $20,000 for medical expense loss arising out of injury to any one person; and (2) a total of $20,000 for income loss, replacement services loss, funeral expense loss, survivor's economic loss, and survivor's replacement services loss arising out of the injury to any one person. (b) Notwithstanding any other law to the contrary, a person entitled to basic economic loss benefits under this chapter is entitled to the full medical expense benefits set forth in subdivision 2, and may not receive medical expense benefits that are in any way less than those provided for in subdivision 2, or that involve any preestablished limitations on the benefits. Medical expenses must be reasonable and must be for necessary medical care as provided in subdivision 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 144 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Meister v. Western National Mutual Insurance (Supreme Court of Minnesota 1992, 479 N.W.2d 372)“…age on one of the two cars that Michael’s father owns. 1 Minn.Stat. § 65B.44, subd. 1 (1988), says basic economic lo…”
- Nadeau v. Austin Mutual Insurance Co. (Supreme Court of Minnesota 1984, 350 N.W.2d 368)“…must have arisen “out of the * * * use of a motor vehicle.” Minn.Stat. § 65B.44, subd. 1 (1982). 1 For an…”
- Nelson v. American Family Insurance Group (Supreme Court of Minnesota 2002, 651 N.W.2d 499)“…entitled to income loss benefits at 85% of the actual loss. Minn.Stat. § 65B.44, subd. 3 (2000). Nelson arrived at $10,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 65B.49INSURERSIn forcecited in 2 of our articles
Subdivision 1. Mandatory offer of insurance benefits. On and after January 1, 1975, no insurance policy providing benefits for injuries arising out of the maintenance or use of a motor vehicle shall be issued, renewed, continued, delivered, issued for delivery, or executed in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, under provisions approved by the commissioner, requiring the insurer to pay, regardless of the fault of the insured, basic economic loss benefits. A plan of reparation security shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged, the term and limits of liability, and shall contain an agreement or endorsement that insurance is provided thereunder in accordance with and subject to the provisions of sections 65B.41 to 65B.71. Subd. 2. Basic economic loss. Each plan of reparation security shall provide for payment of basic economic loss benefits. Subd. 3. Residual liability insurance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 293 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Schmidt v. Clothier (Supreme Court of Minnesota 1983, 338 N.W.2d 256)“…injury liability limit of the owner of the other vehicle. Minn.Stat. § 65B.49, subd. 6(e) (1978) (repealed 1980). Thi…”
- Holman v. All Nation Insurance Co. (Supreme Court of Minnesota 1980, 288 N.W.2d 244)“…that the mandatory offer of optional coverages required by Minn.Stat. § 65B.49, subd. 6, was not made and these covera…”
- Carlson v. Allstate Insurance Co. (Supreme Court of Minnesota 2008, 749 N.W.2d 41)“…cy on its face provides coverage for the accident; (2) that Minn.Stat. § 65B.49, subd. 3a(5) (2006), precludes the poli…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Minnesota Statutes, Chapter 604: CIVIL LIABILITY
§ 604.01COMPARATIVE FAULT; EFFECTIn forcecited in 7 of our articles
Subdivision 1. Scope of application. Contributory fault does not bar recovery in an action by any person or the person's legal representative to recover damages for fault resulting in death, in injury to person or property, or in economic loss, if the contributory fault was not greater than the fault of the person against whom recovery is sought, but any damages allowed must be diminished in proportion to the amount of fault attributable to the person recovering. The court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of fault attributable to each party and the court shall then reduce the amount of damages in proportion to the amount of fault attributable to the person recovering. Subd. 1a. Fault. "Fault" includes acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to strict tort liability.
Official text (excerpt) · last checked 2026-09-10 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 141 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Minnesota courts map Sec. 604.01 claim by claim: Florenzano v. Olson (1986) held its comparative responsibility principles reach negligent misrepresentation but not intentional fraud, and Lesmeister v. Dilly (1983) read it as not meant to apply generally to contract cases, though unreasonable failure to mitigate is apportionable fault.
Opinions citing this section in our collection:
- Florenzano v. Olson (Supreme Court of Minnesota 1986, 387 N.W.2d 168)✓An insurance agent told a couple the wife should withdraw entirely from Social Security, and she later lost disability benefits; the court treated the claim as negligent misrepresentation and held comparative responsibility applies, so her 62.5 percent fault barred recovery.
- Lesmeister v. Dilly (Supreme Court of Minnesota 1983, 330 N.W.2d 95)✓A farmer's grain building was delivered late and leaked, spoiling stored corn; the court held the dispute was contractual, so fault could not be apportioned on those claims, but treated his unreasonable failure to mitigate as statutory fault, cutting damages 42.11 percent.
- Moorhead Economic Development Authority v. Anda (Supreme Court of Minnesota 2010, 789 N.W.2d 860)✓A city authority condemned Anda's property, found fuel oil contamination, and billed him for the cleanup; the court held refusing a comparative fault instruction was error, since evidence suggested the developer unreasonably failed to mitigate, and ordered a new damages trial.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Hit and Run Laws: Penalties and What to Do, Medical Malpractice Laws in Minnesota (2026): Deadlines & Caps, Minnesota Motorcycle Accident Laws (2026): Deadlines
Code of Federal Regulations Title 49
§ 387.9Financial responsibility, minimum levels.In forcecited in 55 of our articles
The minimum levels of financial responsibility referred to in § 387.7 are hereby prescribed as follows: Table 1 to § 387.9—Schedule of Limits—Public Liability Type of carriage Commodity transported January 1, 1985 (1) For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds) Property (nonhazardous) $750,000 (2) For-hire and Private (In interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds) Hazardous substances, as defined in 49 CFR 171.8, transported in bulk in cargo tanks, portable tanks, or hopper-type vehicles; in bulk Division 1.1, 1.2 or 1.3 materials; in bulk Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material, in bulk Division 2.1 or 2.2 material; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403 5,000,000 (3) For-hire and Private (In interstate or foreign commerce, in any quantity; or in intrastate commerce, in bulk only; with a gross vehicle weight rating of 10,001 or more pounds) Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, or hazardous substances defined in 49…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Carolina Casualty Insurance v. Yeates (2009) held an MCS-90 endorsement applies only where the underlying policy gives no coverage and the carrier's insurance falls below the minimums 49 CFR 387.9 prescribes. GREAT WEST CAS. v. General Cas. Co. of Wisconsin (2010) found that purpose met once other coverage exceeded the 387.9 amount.
Opinions citing this section in our collection:
- GREAT WEST CAS. v. General Cas. Co. of Wisconsin (District Court, D. Minnesota 2010, 734 F. Supp. 2d 718)“…ardous commodities is $750,000. 49 U.S.C. § 31139 (b)(2); 49 C.F.R. § 387.9 . Under the Federal Motor Carrie…”
- Carolina Casualty Insurance v. Yeates (Court of Appeals for the Tenth Circuit 2009, 584 F.3d 868)✓A trucker's own insurer paid the Yeateses the full $750,000 that section 387.9 sets as the minimum for non-hazardous property, and the en banc court held a second insurer's MCS-90 endorsement was therefore never triggered and added no coverage.
- American Inter-Fidelity Exchange v. American Re-Insurance Company (Court of Appeals for the Seventh Circuit 1994, 17 F.3d 1018)✓A truck insurer sought reinsurance for $846,256 in deductibles it paid accident victims but could not collect; the court read the mandatory endorsement to require insurers to cover victims from the first dollar up to section 387.9's minimums, and reversed the dismissal.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws by State (2026): Deadlines & Liability, Truck Accident Laws in Alabama (2026): Deadlines & Liability, Truck Accident Laws in Alaska (2026): Deadlines & Liability
Minnesota Statutes, Chapter 541: LIMITATION OF TIME, COMMENCING ACTIONS
§ 541.05VARIOUS CASES, SIX YEARSIn forcecited in 9 of our articles
Subdivision 1. Six-year limitation. Except where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within six years: (1) upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed; (2) upon a liability created by statute, other than those arising upon a penalty or forfeiture or where a shorter period is provided by section 541.07; (3) for a trespass upon real estate; (4) for taking, detaining, or injuring personal property, including actions for the specific recovery thereof; (5) for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated; (6) for relief on the ground of fraud, in which case the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; (7) against sureties upon the official bond of any public officer, whether of the state or of any county, town, school district, or a municipality therein; in which case the limitation shall not begin to run until the term of such officer for which the bond was given shall have…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 438 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Henning Nelson Construction Co. v. Fireman's Fund American Life Insurance Co. (Supreme Court of Minnesota 1986, 383 N.W.2d 645)“…e trial court held the limitation provision was modified by Minn.Stat. § 541.05, subd. 1(1) (1984), which provides a 6-…”
- Toombs v. Daniels (Supreme Court of Minnesota 1985, 361 N.W.2d 801)“…5. The statute of limitations applicable to this action is Minn.Stat. § 541.05, subd. 1, sections (6) or (7), as follo…”
- Wegan v. Village of Lexington (Supreme Court of Minnesota 1981, 309 N.W.2d 273)“…ence, the six-year tort statute of limitations contained in Minn.Stat. § 541.05 (1980) is applicable. Additionally, no…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Dog Bite Laws: Liability and Victim Rights, Minnesota Debt Collection Laws: Wage Garnishment, Statute of Limitations, and Repossession, Minnesota Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
Minnesota Statutes, Chapter 573: PERSONAL REPRESENTATIVES, HEIRS; ACTIONS
§ 573.02ACTION FOR DEATH BY WRONGFUL ACT; SURVIVAL OF ACTIONSIn forcecited in 6 of our articles
Subdivision 1. Death action. When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived, for an injury caused by the wrongful act or omission. An action to recover damages for a death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall be commenced within three years of the date of death, but in no event shall be commenced beyond the time set forth in section 541.076. An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death of the decedent. Any other action under this section may be commenced within three years after the date of death provided that the action must be commenced within six years after the act or omission.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 187 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Johnson v. Consolidated Freightways, Inc. (Supreme Court of Minnesota 1988, 420 N.W.2d 608)“…gful death or general survival statutes. Defendant contends Minn.Stat. § 573.02 (1986) unambiguously creates a right pe…”
- State v. Soto (Supreme Court of Minnesota 1985, 378 N.W.2d 625)“…Verkennes court took some pains to limit its holding to Minn.Stat. § 573.02. The court's opinion in Verkennes…”
- DeCosse v. Armstrong Cork Co. (Supreme Court of Minnesota 1982, 319 N.W.2d 45)“…tion period prescribed by the Minnesota Wrongful Death Act, Minn.Stat. § 573.02, subd. 1 (1976). The other defendants j…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Punitive Damages Laws: Standard, Pleading and Caps (2026), Minnesota Statute of Limitations: Filing Deadlines by Case Type, Minnesota Wrongful Death Laws (2026): Deadlines
Sources and References
- Minn. Stat. 541.05 - Various limitations; six years (personal injury / negligence)(revisor.mn.gov).gov
- Minn. Stat. 573.02 - Action for death by wrongful act (3-year limitation)(revisor.mn.gov).gov
- Minn. Stat. 604.01 - Comparative fault; effect (not-greater-than rule)(revisor.mn.gov).gov
- Minn. Stat. 65B.51 - No-fault tort threshold for noneconomic detriment(revisor.mn.gov).gov
- 49 CFR Part 395 - Hours of Service of Drivers(ecfr.gov).gov
- 49 CFR 387.9 - Financial responsibility, minimum levels ($750,000 general freight)(ecfr.gov).gov
- FMCSA - Summary of Hours of Service Regulations(fmcsa.dot.gov).gov
- Minn. Stat. 65B.49 - Required coverages (30/60/10 residual liability; 25/50 uninsured and underinsured motorist minimums)(revisor.mn.gov)
- Minn. Stat. 65B.44 - Basic economic loss benefits ($20,000 medical + $20,000 nonmedical PIP)(revisor.mn.gov)
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