Our Lawyers Hold Negligent Drivers Accountable
You can sue a negligent driver if there is evidence that the person was at fault, even in part, for the crash and your resulting injuries. Our car accident lawyers, located in Minnesota, have handled hundreds of these cases. For example, one of our clients was t-boned at an intersection when he had the right-of-way. The other driver was reading a map and ran a stop light. Our client was badly hurt with a broken pelvis and head injury. Attorney Brendan Flaherty (612-338-0202) won a large settlement for this client.
Accident Injury Lawsuits Wrongful Death Lawsuits
Proving Your Case
A personal injury or wrongful death case is usually based on negligence, which means doing something in a careless way. To obtain compensation from the operator of a vehicle (actually, his or her insurance company), your attorney will need to prove 4 elements:
- The driver had a duty;
- That duty was breached (broken);
- This breach caused the accident;
- The accident resulted in damages to you (medical expenses, lost income, pain and suffering, etc.).
Minnesota Traffic Law
Under Minnesota traffic laws, the operator of a vehicle has “duties” under the law to passengers in his or her vehicle, people in other motor vehicles (cars, buses, motorcycles), people riding bicycles and pedestrians. Any of these people can sue the driver and his or her insurance company for compensation if they are injured because of carelessness, including texting, reading a map, eating, falling asleep or just daydreaming.
The operator of a motor vehicle has the following duties:
- Duty to exercise reasonable care
- If a bus or other “common carrier,” driver, the highest degree of care for the safety of the passengers
- Duty to follow the traffic laws:
A violation of a traffic law is prima facie evidence of negligence, meaning it is considered negligence if the defendant fails to introduce evidence of an excuse or justification for violating the traffic law.