Duty of Driver

Minnesota car accident attorneys Fred Pritzker, Elliot Olsen and Eric Hageman have been named Minnesota Super Lawyers by Minnesota Law & Politics magazine and are sought-after speakers on Minnesota auto accident issues. Please call us toll-free at 1-888-377-8900, or fill out the online-consultation form.

When determining the duty of a driver for a driver-negligence case, the court can look to two sources, common law and statutory law.

Common Law Duty
Cell Phone Accident 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 Pritzker Olsen Attorneys.

Statutory Duties
Accident Law 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 is “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:

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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