It’s 6pm on a Thursday. You’ve just left work and you’re on your way to dinner with friends. As you pull up to an intersection, you prepare to make a left turn. The traffic signal gives you the right of way, but as you enter the intersection, you’re suddenly blindsided by another vehicle.
Accidents like this happen every day in Minnetonka, but proving fault in a car accident isn’t always straightforward. Minnesota has very specific laws for car accidents, which don’t always assign 100% fault to one party.
As car accident attorneys serving the Minnetonka community, Fields Injury Law regularly helps clients gain clarity in these murky situations, and when necessary, file a car accident lawsuit.
In this article, we’ll examine the role an attorney plays in proving liability in a car accident, and the key steps to take during the car accident lawsuit process to increase your chances of a favorable outcome.
How Car Accident Liability Works in Minnesota
The state of Minnesota operates under a no-fault system. This system requires every driver in the state to carry Personal Injury Protection coverage (PIP) on their insurance policy. PIP covers each driver’s basic medical care in the event of an accident, regardless of who is at-fault.
However, PIP coverage has limits. It does not cover property damages, pain and suffering, or emotional distress. Most insurance policies in the state have a minimum $20,000 PIP coverage for medical expenses, and $20,000 for replacement services. Replacement services can vary depending on the case and the injuries, but it can be used to pay lost wages if an injured party is out of work with restrictions due to an accident or cleaning services if an injured individual is unable to clean their home following their accident.
When injuries meet certain legal thresholds under Minnesota Law, a victim may file a claim against the at-fault driver for additional damages, such as pain and suffering.
But there is one other important component to consider.
Minnesota uses a modified comparative fault system. In practice, this means that a victim can only recover damages if they are less than 50% at-fault. If they are able to sue, their damages will be reduced by whatever percentage of fault they share.
For example, if an individual is only 20% at-fault for an accident, and has $10,000 in additional medical costs beyond their PIP coverage, their available compensation would be reduced by 20%. That means they could ultimately only recover about $8,000.
When your damages exceed your PIP coverage, retaining a car accident lawyer in Minnetonka is often in your best interest. They can play a key role in keeping your at-fault percentage as low as possible.
How a Car Accident Lawyer Proves Liability in Minnetonka
Determining car accident liability isn’t always easy. A left-turn accident at a Minnetonka intersection may appear straightforward, but what if both sides are partially to blame?
Both sides may try to point fingers, especially if a driver was speeding, ran a red light, or changed lanes in an intersection.
In Minnesota, proving liability usually comes down to showing that the other driver was negligent. A car accident lawyer does this by establishing four key elements:
- Duty of care: All drivers have a responsibility to operate their vehicles in a safe and responsible manner.
- Breach of duty: The other driver failed to follow Minnesota traffic laws.
- Causation: That the failure directly caused the crash.
- Damages: That the crash caused injuries or financial loss.
A car accident lawyer’s job is to gather enough evidence to show the other driver was primarily responsible, while also minimizing their client’s share of the fault.
There are a few ways a car accident lawyer can help:
Gather and Preserve Evidence
In the immediate aftermath of an accident, gathering and preserving evidence is the most reliable way to prove fault.
The police report is the single most important piece of evidence when determining liability in many Minnetonka car accident cases. When available, a vehicle damage report, traffic camera footage, and bodycam footage from a responding officer are crucial pieces of evidence.
Documenting the accident scene helps your attorney build your case. If possible, take photos and videos of the damaged vehicles, road conditions, and skid marks.
Interview Eyewitnesses
If there are any witnesses, obtain their contact information. Your attorney may be able to document their eyewitness account.
Eyewitness accounts from individuals who were not directly involved in the accident carry great weight in auto accident cases. They may be able to confirm if the other vehicle was speeding, texting while driving, or running a stop sign or red light.
Getting these eyewitness accounts as soon after the accident as possible is crucial. Memories fade and become less clear over time. Gathering accurate statements shortly after the accident strengthens your case.
Prove Negligence and Causation
In Minnesota, drivers are considered to be at-fault when their negligence directly contributes to the crash. Because Minnesota uses a comparative fault system, fault doesn’t always exclusively belong to one party.
In order to recover damages, your car accident lawyer must be able to prove that you were less than 50% at-fault crash.
Some of the most common acts of negligence in Minnetonka car crashes include:
- Speeding
- Distracted driving
- Failure to yield the right of way
- Running a traffic light or stop sign
- Following too closely
- Unsafe lane changes or turns
Gather Medical Records
To win damages for injuries in a car accident lawsuit, your lawyer must be able to prove that your injuries and damages were directly caused by the driver’s negligence.
A car accident lawyer may work with your doctors to review medical records and gather statements that show how the accident caused your specific injuries.
Attorneys may also rely on detailed narrative reports from treating physicians and medical experts. In some cases an Independent Medical Examination (IME) can be helpful in proving that a victim's injuries were caused by the car accident, and not due to a preexisting condition.
Minimize Comparative Fault
Minnesota’s comparative fault laws mean that both drivers can share car accident liability. This directly affects your ability to file a car accident lawsuit.
Even being held 20% responsible for an auto accident can place significant limits on your available compensation.
Therefore, your lawyer should challenge the defense’s claims that you were partially responsible.
In many cases, attorneys rely on non-medical experts, including accident reconstruction specialists and engineering experts, to help prove liability.
Reconstruction experts gather data from the scene of the crash, like measurements, vehicle damage analysis, and skid marks. They use this data to answer key questions like who had the right of way or if the crash could have been avoided.
In more complex cases, attorneys may also work with engineering or impact experts who can analyze how the collision occurred, and how it caused specific injuries.
The Car Accident Lawsuit Process in Minnetonka
Because Minnesota is a no-fault state, it's not always possible to file a car accident lawsuit. Personal Injury Protection coverage covers most basic accidents, but accidents where injuries exceed PIP limits may lead to a car accident injury claim
Negotiations with the insurance company of the at-fault driver usually come first before legal action. However, even when the other driver is a majority at-fault, the insurer may offer an unfair settlement or even refuse to accept responsibility entirely.
At this point, you may need to retain a car accident attorney.
The car accident lawsuit process begins with your attorney conducting an investigation. They’ll gather the available evidence from police reports, eyewitness accounts, and details from the scene of the accident.
The attorney will send a demand letter to the insurance company that summarizes the evidence for their client’s liability and the damages you’ve sustained.
If the insurance company does not present a reasonable offer, your attorney may file a lawsuit in Minnesota civil court. The case will proceed through several stages, including discovery, deposition, and negotiation.
Formally beginning a lawsuit doesn’t mean settlement is off the table. When push comes to shove, insurers may opt to counter with a more attractive settlement offer, rather than proceed to trial.
Otherwise, a judge or jury will formally decide liability and issue a judgement.
Need Help Proving Fault in a Minnetonka Car Accident? Contact Fields Injury Law Today
Car accidents are rarely straightforward, and not every accident will lead to an accident injury claim.
Yet when medical costs exceed the threshold of Personal Injury Protection coverages, it can be hard to prove liability without professional help. Insurance companies may dispute your version of the facts, offer an unfair settlement, or may even question your need for medical treatment.
Working with a car accident attorney in Minnetonka can help you understand your case and discuss your options. Fields Injury Law can listen to your cause and help you decide if filing a car accident lawsuit is in your best interest.
Our team of experienced car accident lawyers can help you investigate the crash, gather necessary evidence, and conduct eyewitness interviews. We can work with accident reconstruction experts to build a strong case that establishes liability and protects your rights.
If you’ve been in a car accident, don’t wait to get legal help. Evidence can disappear fast, and eyewitness memories fade. The sooner you contact a car accident lawyer, the sooner they can begin investigating your claim.
Contact Fields Injury Law today for a FREE initial case review. It costs nothing to get your questions answered today.
Fields Injury Law — Attorney responsible: Steve Fields
*DISCLAIMER*
This blog post provides general information regarding car accidents. Individual cases will vary significantly. For personalized guidance on your specific situation, it is essential to consult with a legal expert.
