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Duty of Driver

When determining the duty of a driver for a driver-negligence case, the court can look to two sources, common law and statutory law.  If you were in a Minnesota auto accident and need an experienced lawyer to prove driver negligence, contact Minnesota auto accident lawyer Rich Ruohonen for a free consultation.  He has been named a Minnesota Super Lawyer by Minnesota Law & Politics magazine and is a sought-after speaker on Minnesota auto accident issues.  Please call Rich toll-free at 1-888-377-8900, e-mail Rich at rar@pritzkerlaw.com or fill out the online-consultation form.

Common Law Duty
Common law duties are established over time through case law (court opinions).  Numerous cases have established the duty of a driver of a motor vehicle to exercise reasonable care.  If you were in a car accident and think the other driver did not use reasonable care, contact Rich. 

Statutory Duties
Statutory duties of care for Minnesota drivers are found in Minnesota Statutes Chapter 169.  These duties are based on traffic laws and violation of theses laws can be “prima facie evidence” of negligence in a civil action against the driver.  Below are a few of the Minnesota laws that are duties of a driver.  Contact Rich if you were involved in an accident, and he will help uncover all of the statutory duties that were breached by the driver who injured you. 

  • Right of Way.  The Minnesota statute covers left turns, entering or crossing a highway from a stop sign, entering or crossing a roadway, approaching an emergency vehicle or funeral procession.
  • Speed.  In addition to obeying speed limits, drivers must go a reasonable speed given the actual and potential hazards then existing.  In Minnesota that means slowing down on icy roads.
  • Turning.  Drivers have to be in the proper position on the roadway and not turn until they can do so with reasonable safety and after giving the appropriate signal.
  • Stopping.  Drivers cannot stop suddenly or suddenly decrease speed without giving an appropriate signal unless there is a good and substantial reason for doing so.
  • Tailgating.  Drivers are not to follow another vehicle more closely than is reasonable and prudent.

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Pritzker | Ruohonen Newsletter

Pritzker | Ruohonen is now publishing its newsletters online. Sign up today to receive the newsletter via email. Read our newsletters: Feb/March 2008 and April/May 2008.

 

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