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Here’s How Minnesota Laws Can Impact Truck Accident Claims

Here’s How Minnesota Laws Can Impact Truck Accident Claims

Auto, Aviation & Transportation

Accidents involving large trucks are seldom trivial affairs. When a huge truck and an automobile crash, there is significant damage and catastrophic injuries. You might be eligible for financial compensation if you become hurt in a trucking accident. The only way to get the answers to your rights and obligations following your collision is by going through Minnesota’s traffic laws. 

Laws and statutes, however, can occasionally be challenging to read and comprehend. This is why it’s a good idea to find a truck accident law firm near you before engaging in settlement negotiations or claims procedures. Let’s look at an overview of Minnesota law. Along with instructions on what to do in the event of a truck accident in Minnesota.

Minnesota Negligence Laws:

In a judicial proceeding, the question of whether a person owed another person a duty of care and whether they failed to uphold that duty is addressed through negligence laws, if negligence is established, the perpetrator might be responsible for any harm.

According to Minnesota law, you could potentially be held accountable if you engaged in “contributory negligence,”. In other words, contributory negligence also considers your contribution to the accident. 

As long as you are not more than 50% at fault, the concept of contributory negligence does not fully preclude recovery in a negligence action. However, the amount you could receive in a negligence lawsuit might be reduced in proportion to your level of contributory culpability.

Establishing Negligence:

The defendant’s acts must meet several requirements for a negligence claim to be upheld in court. The plaintiff must establish each of the following:

  • Duty: The other party owed the other party a duty of care;
  • Breach of Duty: The other party didn’t fulfill their obligation;
  • Cause in Fact: Had the other party not acted negligently, you would not have suffered harm;
  • Proximate Cause: Your injury was brought on by the other party’s negligence and not by any other factor; and
  • Damages: You have been hurt and have lost something.

No-Fault Car Insurance Rules:

Since Minnesota is a “no-fault” state, your insurance will pay for essential economic benefits if you are hurt in an accident under your policy’s Personal Injury Protection (PIP) section. You can only step outside of no-fault and pursue a claim directly against the at-fault driver if your injury claim meets specific requirements. 

No matter who was at fault, your policy’s conditions will cover your medical costs, lost pay, and substitute services. However, if you become found partly responsible for the accident. As a result, comparative negligence would become applied, thus reducing the total compensation you receive. To ensure full coverage, you must prove the negligence of federal and state trucking regulations. 

Trucking Laws:

In contrast to other incidents. Truck accidents find themselves governed by federal regulations for their operation and maintenance. As a result, these laws become managed by the Federal Motor Carrier Safety Administration (FMCSA). Minnesota has adopted these rules in the state statutes . 

You may submit a claim with the FMCSA if you believe the truck or the driver who caused your accident broke one of these rules. You must prove that a violation occurred before making a claim. Regulation violations may take the following forms:

  • Exceeding the permitted hours of service 
  • Using drugs or alcohol
  • Improper maintenance of trucks and trailers 
  • Insufficient driving training

Liability And Damages:

Two or more parties can share responsibility for the same truck accident in Minnesota because of the state’s comparative negligence law. Furthermore, each party always becomes held accountable for its proportionate share of the fault. In addition, the damages you recoverable in a Minnesota accident claim become categorized into: 

Economic Damages:

  • Medical expenses
  • Lost wages
  • Property damage
  • Diminished earning capacity

Non-Economic Damages:

  • Pain and suffering
  • Wrongful death

Statutes Of Limitations And Claims:

Specific statutes of limitations exist for claiming these damages.

These are:

  • It is necessary to file a no-fault claim within six months of the incident.
  • The statute of limitations for personal injury is two years.
  • Wrongful death claims have a three-year statute of limitations.

Final Thoughts:

Moreover, injury lawsuits frequently become brought in civil court to obtain a monetary award of damages. However, the parties are always free to try to settle their disagreement amicably. Either before or after litigation. Lastly, in light of this, it is advisable to consult an automobile accident lawyer for the highest compensation.

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Here’s How Minnesota Laws Can Impact Truck Accident Claims

Auto, Aviation & Transportation