Distracted driving is becoming an increasingly prevalent issue in Minneapolis, with 11% of fatal car accidents being linked to the dangerous activity. Moreover, since 2016, there have been over 39,000 vehicle accidents in the city, highlighting the severity of the issue.
This article will explore the impact of distracted driving on car accident claims in Minneapolis and what victims can do to protect their rights after an accident. It will begin by examining the different types of distracted driving and the consequences of engaging in the activity.
Furthermore, the article will explain how liability is established in distracted driving car accident claims and how these claims can affect compensation for the victim. Finally, it will discuss how legal assistance can strengthen a distracted driving accident claim.
Distracted Driving: Understanding the Different Types and Consequences
Distracted driving is a severe concern in the Minneapolis area. It involves any behavior that takes a driver’s attention away from their primary task, such as visual, manual, cognitive, or combination distractions.
Distracted driving can lead to dangerous situations on the road and has been a factor in over 39,000 vehicle accidents in Minnesota since 2016.
Minneapolis laws prohibit the use of wireless communications devices while driving, and punishments for violations can include fines and felony charges.
Types of Distracted Driving Behaviors
Various behaviors can be considered distracted driving, including external, internal, visual, manual, cognitive, and combination distractions.
External distractions include anything outside of a vehicle that distracts a driver from their primary driving tasks. Examples include looking at billboards, reading signs, and admiring scenery.
Internal distractions include anything inside a car distracting a driver from driving correctly, such as adjusting the radio, interacting with passengers, or eating.
Visual distractions occur when a driver looks at anything other than the road. This includes checking a GPS or using a cell phone.
Manual distractions occur when a driver takes their hands off the steering wheel for any reason, such as to send a text or take a selfie.
Cognitive distractions occur when a driver becomes distracted by thoughts, such as daydreaming or conversing with other passengers. Digital devices often incorporate simultaneous manual, visual, and cognitive distractions.
Visual, manual, and cognitive distractions hinder a driver’s ability to pay attention to the road.
The Dangers of Distracted Driving on Road Safety
Neglecting the road while behind the wheel can have devastating consequences for both individuals and society.
Distracted driving has been established as a significant cause of motor vehicle accidents, and it affects people in all 50 states.
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is any activity that diverts attention from driving, including talking or texting on a cell phone, eating and drinking, talking to passengers, grooming, reading, using a navigation system, or watching a video.
Distracted driving is hazardous because it reduces the driver’s reaction time, impairs the ability to make decisions, and reduces the driver’s awareness of their surroundings.
In Minnesota, distracted driving has been a factor in over 39,000 vehicle accidents since 2016 and is responsible for 11% of vehicle-related fatalities.
The state has laws prohibiting reckless and careless driving, including penalties for violating the hands-free law.
In addition, the NHTSA compares distracted driving to driving under the influence of drugs or alcohol and has made eliminating distracted driving a top priority on its Most Wanted list.
As such, it is important for drivers to be aware of the dangers of distracted driving and follow the laws designed to help keep the roads safe.
Distracted Driving Laws in Minneapolis
In Minneapolis, driving while distracted is prohibited by various laws that aim to keep drivers safe. Minnesota has laws that prohibit reckless or careless driving, and newer laws relate specifically to actions while using digital devices. Minnesota’s hands-free law prohibits drivers from holding a wireless communications device while driving or engaging in a cellular phone call, among other things. Penalties for violating Minnesota’s hands-free law include fines and felony charges for harming or killing someone while violating the law. Nearly every state has a law controlling cell phone use while driving.
The National Transportation Safety Board’s (NTSB) goal to eliminate distracted driving appears regularly on its Most Wanted list. The NTSB recommends banning drivers from using all personal electronic devices, enforcing existing laws, educating the public, and encouraging fleet owners to prohibit cell phone use. It also compares distracted driving to driving under the influence of alcohol or drugs.
Furthermore, the National Safety Council (NSC) research has demonstrated that it’s not usually a digital device that causes distraction but rather a combination of manual, visual, and cognitive distractions that take focus away from the road.
Establishing Liability in Distracted Driving Car Accident Claims
When it comes to distracted driving car accident claims, collecting evidence to prove that the defendant was driving while distracted is essential for establishing liability.
It is also important to understand the role of comparative negligence, a principle used to determine the degree of fault of each party involved in the accident.
Additionally, it is important to be aware of insurance companies’ various tactics for limiting their liability and minimizing the compensation they are required to provide to the injured party.
Collecting Evidence to Prove Distracted Driving
Collecting evidence to prove distracted driving can be a complex task, as law enforcement agencies often have difficulty demonstrating that a driver was using a cell phone or other digital device at the time of the accident. To this end, there are several steps victims of distracted driving can take to help build a case to prove liability:
- Gathering Evidence:
- Witnesses: Witnesses may be able to provide firsthand testimony, which can be invaluable in proving that the other driver was distracted.
- Cell Phone Records: Cell phone records can provide evidence that the at-fault driver was using their phone at the time of the accident.
- Submitting Evidence:
- Police Reports: Police reports can provide additional evidence and support victims’ claims of distracted driving.
- Expert Witnesses: Expert witnesses can objectively analyze the evidence and provide additional testimony to support a claim of distracted driving.
Victims of distracted driving who can provide sufficient evidence of distracted driving are more likely to be successful in their claims. Therefore, it is important to take the necessary steps to collect evidence and build a strong case.
Understanding the Role of Comparative Negligence
Comprehending the role of comparative negligence is essential when seeking compensation for damages caused by a distracted driver.
Comparative negligence is a legal concept in which the court assigns a percentage of fault to each party involved in an accident.
In Minnesota, a party may recover damages in a civil lawsuit even if they are found to be partially at fault for the accident.
The damages awarded may be reduced by the percentage of fault attributed to the claimant.
For example, if the claimant is found to be 20% at fault, they will only receive 80% of the damages they might have received if they had no fault.
However, it is important to note that if the claimant’s fault is more significant than 50%, they will not be able to receive any damages.
Therefore, it is important to understand the role of comparative negligence when pursuing a civil lawsuit for damages caused by a distracted driver.
An experienced personal injury attorney can help the claimant understand their legal rights and responsibilities when filing a claim against a distracted driver.
Dealing with Insurance Companies
When dealing with insurance companies after a distracted driving accident, it is essential to be aware of the potential pitfalls and strategies to ensure a successful claim.
Insurance companies are making money, and they may be inclined to minimize the compensation they provide to the victim of a distracted driving accident.
As such, all necessary documentation to prove the extent of the damages caused by the accident is essential. This includes medical bills, accident scene photos, and witness statements.
The insurance company may also attempt to attribute blame to the accident victim in order to limit the amount of compensation they are obligated to provide. This is known as comparative negligence.
To determine liability in such cases, legal representation is essential to ensure a fair outcome. An experienced attorney can help the victim of a distracted driving accident negotiate with the insurance company and get the compensation they deserve.
The Impact of Distracted Driving on Compensation
In car accident claims, victims of distracted driving can pursue compensation for various damages, including medical expenses, lost wages, and pain and suffering.
In these cases, the amount of recoverable compensation depends on the severity of the injuries and the degree of fault of the distracted driver.
In some cases, a victim’s negligence may reduce the amount of compensation they can receive in a settlement, as contributory negligence laws may apply.
Types of Damages Recoverable in Car Accident Claims
Understanding the types of damages recoverable in car accident claims is essential for Minneapolis drivers involved in distracted driving incidents. Generally, damages are categorized as economic or non-economic and can be recovered through a civil lawsuit. Economic damages are typically associated with out-of-pocket expenses, medical bills, and lost wages. Non-economic damages, on the other hand, are more subjective and include emotional distress, pain and suffering, and loss of companionship, among other things.
| Economic Damage | Non-Economic Damage |
| Out-of-pocket expenses | Emotional distress |
| Medical bills | Pain and suffering |
| Lost wages | Loss of companionship |
| Property damage | Loss of enjoyment of life |
| Loss of future earnings | Loss of consortium |
How Distracted Driving Affects Compensation Amounts
Negligence related to distracted driving can significantly affect the compensation available to those involved in vehicle-related incidents. This may be in the form of medical bills, lost wages, and pain and suffering. Furthermore, the amount of compensation is often determined by the extent of the damage, the injury’s severity, and the length of recovery.
Injuries resulting from distracted driving can range from minor abrasions to catastrophic injury or death. The claimant’s compensation depends on the degree of negligence and the amount of damages suffered. For instance, a victim of a distracted driver who has suffered long-term or permanent disability may be entitled to more compensation than someone who has sustained minor injuries.
Additionally, the amount of compensation can also be affected by the negligence of the plaintiff and the defendant. If the plaintiff is partially at fault, they may only be able to receive a portion of the total compensation amount. Conversely, if the defendant is found to be entirely at fault, they may be required to pay the total damages.
Moreover, the amount of compensation may be affected by the insurance coverage held by the at-fault driver. If the at-fault driver has insufficient insurance coverage, the plaintiff may be unable to recover the total damages. This highlights the importance of having adequate coverage for all drivers, as it can help to protect against unexpected financial losses.
Potential Reduction in Settlement Due to Contributory Negligence
Contributory negligence may reduce the settlement amount for a claimant in a vehicle-related incident. This concept is based on the idea that any person partially responsible for the cause of an accident is liable for the damages incurred. The degree of fault is based on the amount of negligence displayed in the incident. For example, if a claimant is found to be 25 percent responsible for a car accident, then they may only be able to collect 75 percent of the damages.
In the state of Minnesota, the doctrine of contributory negligence applies to distracted driving. If a driver was found to be using a cell phone, eating, or talking while driving, and this was the primary cause of the accident, then they may be liable for the resulting damages. If a claimant is found to have been distracted in any way, then their settlement amount may be reduced.
Claimants need to be aware of this fact before filing a claim.
Seek Legal Assistance to Strengthen Your Distracted Driving Accident Claim
Consulting with a Minneapolis car accident attorney is a crucial first step for victims of distracted driving accidents to ensure the best possible outcome for their case.
An experienced attorney can help build a strong case against the at-fault driver by gathering evidence, such as witness testimonies, police reports, and medical records, to prove liability.
Furthermore, an attorney can help navigate settlement negotiation and court proceedings to help victims maximize compensation and obtain the best possible settlement.
Consult with a Minneapolis Car Accident Attorney
Injured victims of distracted driving in Minneapolis may benefit from consulting with a car accident attorney to understand their legal rights and potential for financial compensation. With the complexity of Minnesota’s distracted driving laws, a qualified attorney can guide how to approach a case best and protect a victim’s legal rights. An experienced car accident attorney can research the facts of the accident, determine who is at fault, and negotiate for a settlement with insurance companies or litigate in court if needed.
| Fear | An accident caused by a distracted driver can be a traumatic experience. |
| Anger | A victim may feel angry when they realize they were injured due to someone else’s careless behavior. |
| Confusion | A victim may be unsure of what their legal options are and how to proceed with a claim. |
| Hope | A qualified car accident attorney can provide legal representation and help a victim seek justice. |
| Relief | With experienced legal counsel, a victim can be confident that their case is in good hands. |
Building a Strong Case Against the At-Fault Driver
A successful case against the at-fault driver requires the victim to build a solid evidence base with the help of an experienced car accident attorney. The evidence must show that the at-fault driver was distracted while driving and that their negligence or carelessness resulted in the accident.
Here are four steps to building a solid case against the at-fault driver:
- Obtain a copy of the accident report and any available video footage from the scene.
- Gather witness statements and contact information of those who can corroborate the evidence.
- Collect all available medical records documenting any physical injuries sustained due to the accident.
- Have an experienced car accident attorney review all evidence and determine the best action.
An experienced car accident attorney can help victims build a strong case against the at-fault driver and recover the compensation they deserve. They can provide legal advice and handle all negotiations with the insurance companies on the victim’s behalf.
Navigating Settlement Negotiations and Court Proceedings
Navigating settlement negotiations and court proceedings can be complex for those seeking restitution after a vehicular incident. Those involved in an accident caused by a distracted driver can benefit from seeking legal advice from an experienced accident attorney.
A lawyer can advise and help claimants build a strong case against the at-fault driver. They can also guide claimants through settlement negotiations and court proceedings.
To negotiate a fair settlement, claimants must thoroughly understand the laws applicable to their case. A lawyer can help claimants understand the legal implications of their case and advise them on the best course of action.
They can also help claimants navigate the negotiation process and ensure they receive a fair settlement. If the case ends up in court, a lawyer can represent the claimant and protect their rights.
A lawyer can provide legal guidance to help claimants resolve their cases successfully.
Conclusion
The issue of distracted driving is a serious one that has caused countless accidents in Minneapolis.
Establishing liability in distracted driving car accident claims can be difficult, however victims who can demonstrate that the other driver was distracted can gain compensation for their losses.
It is important to seek legal assistance to strengthen a distracted driving accident claim. A skilled lawyer can ensure that victims receive the full amount of compensation they deserve for their losses.
Ultimately, it is up to all drivers to practice safe driving habits and avoid using digital devices while behind the wheel. If you encounter a car accident caused by distracted driving and get injured, contact 1-800-ASK-GARY for dependable advice from experienced medical and legal professionals. A proficient car accident attorney will help you navigate the following steps and secure the compensation you are entitled to.
