CAR ACCIDENT IN MINNESOTA? WHAT YOU NEED TO KNOW

By MWD  Jun. 28, 2017 12:09p

People don’t think about how fast a CAR ACCIDENT happens. One minute, you are driving home after work. In less than a second, everything changes. Many times these accidents end up minor. They are terrifying and frustrating to deal with. Luckily, many accidents occur with no extreme property damage or personal injury. They end up scaring drivers more than hurting them. However, do you know your legal rights when this isn’t the case? In Minnesota, there are several things everyone needs to understand in case they find themselves in an auto accident.

NO-FAULT CAR INSURANCE RULE

Many have heard of this SYSTEM, but don’t fully understand the meaning. For example, say you have a fender-bender in St. Paul. With this, you have to turn everything over to your own insurance company. This happens regardless of who is at fault. Many accidents are minor and handled with little legal intervention. With no significant injuries or issues, the insurance company settles the claim.

EXCEPTIONS TO NO-FAULT

There are exceptions that allow a liability claim or personal injury lawsuit. In Minnesota one must meet one of two requirements:

1) The medical expenses must total more than $4,000 after the crash.

2) A liability claim or personal injury lawsuit is within legal rights if the victim suffered a permanent injury, a permanent scarring, or disfigurement. A 60-day period of disability is also a reasonable exception. If there is one or both of these occurrences, it opens the door for legal options.

STATUTE OF LIMITATIONS

This is something many don’t consider when considering legal options. However, this is important. In the state of Minnesota, a person only has two years to file a lawsuit. This time period starts from the date of the accident. If this time runs out, then a person has lost the ability to bring a claim or suit.

PARTIALLY AT FAULT

Many times the blame of the accident gets decided in court. The person at fault pays for the costs including medical bills, lost wages, vehicle repair, and any pain or suffering caused by the accident. However, many times the court reveals that the plaintiff, the person bringing the case, is partially at fault.

This does happen sometimes. When it does, Minnesota has a modified comparative fault rule. This comes into play when the court decides both parties share some fault for the accident. For example, a jury finds the plaintiff 30 percent responsible for the crash. This means the plaintiff will still receive 70 percent of the total calculated damages.

If fault is found below 50 percent, the plaintiff receives some damages. However, if both parties are found 50 percent responsible, or the plaintiff is found over 50 percent responsible, the plaintiff receives no damages. This rule is different from many other states. Many other states reward some damages even if both parties are equally responsible.

SOME STATISTICS

Not a lot of people like statistics. However, a brief overview makes understanding legal rights after a car accident clear. In Minnesota during 2015, there was 411 fatalities involving MOTORISTS. This was a 14 percent increase from 2014. During the same year, crashes occurred involving 181,663 people. There was 29,981 injuries resulting from these crashes. Of those, 1,124 people received severe or life altering injuries.

The fact is Minnesota has struggled to lower these incidents. There have been successes over the years. There are fewer crashes involving speeding with better monitoring. A lack of seat belt related to fatalities has dropped 14 percent with increased education and awareness. Obviously, there is STILL MORE WORK TO DO.

With such statistics, it is obvious why your legal rights need understood in an accident. Having a car accident isn’t inevitable. However, there is an obvious possibility of it happening. If you or a loved one has suffered an accident, CONTACT US today to schedule a consultation. Don’t let time run out. Contact the AWARD WINNING car accident lawyers at Sand Law and let us help you decide what legal options are available.