Negligence is defined as failure to exercise a degree of care that, in the circumstances, the law requires for the protection of other persons that may be injured by the lack of such care.
That means that all drivers have a duty to exercise reasonable care in the operation of their motor vehicle. This duty makes drivers accountable for acts which they knew, or should have known, would likely result in injury to person or property. A finding of negligence will constitute liability for injuries sustained as a result of that negligence. Courts consider various factors in determining a driver’s negligence. These factors include, but are not limited to, the following:
- Speed: An accident caused in whole or in part by driving too fast or too slow may result in the driver being found negligent.
- DWI / DUI: A driver may be liable for an accident caused by driving under the influence of drugs or alcohol. Driving drunk or under the influence of drugs can result in punitive damages being assessed against the driver.
- Obeying driving laws: A driver may be liable for an accident caused by failing to obey traffic laws, such as: failure to signal while turning, failure to signal when changing lanes, or failure to use headlights when appropriate.
- Exercising caution: A driver may be liable for an accident caused by disregarding weather or traffic conditions.
- Observing traffic laws: A driver may be liable for an accident occurring due to failure to obey traffic signs or signals or failure to stay in your lane.
- Conduct: A driver may be liable for an accident caused in whole or in part by intentional or reckless disregard of other’s safety.
To ultimately determine the amount an injured person may recover, the courts consider the negligence of all parties involved in the accident. In Minnesota, the plaintiff’s percentage of fault will reduce the total amount which can be recovered.
It is important to have a knowledgeable attorney who will explain all possible avenues for recovery. Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. A knowledgeable and aggressive Minnesota Car Accident Lawyer will investigate every possible contributing cause of an accident to ensure that you will receive full compensation for your injuries.
This information is provided as a service of TSR Injury Law, 612-362-0000, a Minnesota Personal Injury Law Firm serving Minneapolis, St. Paul, and the state of Minnesota. Call or contact us if we may be of assistance in your car accident case.
