All across Minnesota, motorists are driving their cars, trucks and SUVs to work, the grocery store, soccer practice and countless other destinations. A recent annual report shows that 4.74 million people hold Minnesota driver’s licenses and 5.12 million vehicles are registered in the state. While most motorists drive safely and obey traffic laws, there are some who don’t. Careless drivers who are speeding, running stop signs or worse can create havoc, causing crashes that result in injuries and death. If you’ve been hurt in a crash, our Blain car accident lawyer can help you get the justice you deserve.
In Minnesota, there were 364 traffic deaths in 2019, a slight decrease compared with 381 deaths the previous year, according to the Minnesota Department of Public Safety. Of the 364 fatalities:
- 89 involved drunk driving.
- 75 were speed-related.
- 34 involved distracted driving.
- 73 were motorists not wearing seatbelts.
There were 80,636 traffic crashes in Minnesota in 2019, in which 27,260 people were injured. Cars and trucks traveled more than 60.7 billion miles on Minnesota roadways that year.
Injuries in a vehicle crash mean that you or your loved one can be entitled to some financial compensation. If you have been injured in a car accident, you may face high medical bills, need to take time off work to recover, and possibly require months of rehab. With the right Blain car accident attorney on your side, you can get back to your life. Schedule a free consultation with Tyroler Leonard Injury Law at 651-259-1113.
Car Accident Lawsuit FAQs
Our car accident attorney in Blain, MN, answer frequent questions.
Clients often have similar questions about various aspects of a car accident lawsuit. These questions can include queries about timing, locations, dollar amounts, and costs. Following are some answers to frequently asked questions:
What is the statute of limitations for a vehicle crash in Minnesota?
You have six years to file a personal injury claim after a car accident in Blain, MN, with some exceptions. These exceptions include if the injured person is a minor or if the injured person is legally insane. You only have three years to file a wrongful death lawsuit. You can find more information at Minnesota Statutes section 541.05.
What will I get if my vehicle is totaled?
After an accident, if it costs more to repair the vehicle than what the vehicle is worth, then it’s considered totaled and you will be paid the value of the vehicle. The value is what the vehicle could have been sold for before the crash. Working with a Blaine, MN, car accident lawyer can help you make sure you get the compensation you need for your car.
How can I pay for attorney fees?
Car accident lawyers in Blain, MN, get paid on a contingency basis. This means the fees for the lawyer will be deducted from the final settlement. If you don’t get a favorable outcome and don’t get any money, then the lawyer will not collect any fees.
Can I sue if I was a passenger in a car?
If the driver of the car you were in is at fault then you are able to bring a claim against his or her insurance company. Even if both drivers are at fault, you can still have a claim, and it’s best to work with a Blain car accident lawyer.
How much should you settle for after a car accident claim?
The amount of money you will get in your settlement will depend on a number of different factors. These factors include the cost of medical care, type of injuries, and other losses. Working with Blain, MN, car accident lawyers can help ensure you get the settlement you deserve.
Different Types of Injuries in Car Accidents
Our car accident lawyer in Blain, MN, can file legal claims for a variety of injuries.
Preliminary data from the National Safety Council (NSC) shows that as many as 42,060 people are estimated to have died in motor vehicle crashes in the U.S. in 2020. The estimated rate of death on the roads in 2020 spiked 24% over the previous 12-month period, despite miles driven in 2020 dropping 13%. This increase in the rate of traffic deaths is the highest estimated year-over-year jump in 96 years, according to the NSC.
An estimated 4.8 million additional roadway users were seriously injured in car and truck accidents nationwide in 2020, and the estimated cost to society was about $474 billion, according to the NSC. There are several types of injuries that commonly occur in traffic accidents. Some of these include:
- Traumatic brain injury (TBI)
- Neck and back injuries
- Broken bones
- Cuts, abrasions, and lacerations
- Internal bleeding
- Organ damage
- Puncture wounds
- Wrongful death.
Some common causes of vehicle crashes include:
- Drunk driving
- Distracted driving (texting, talking on the phone, adjusting the radio, etc.)
- Failure to follow rules of the road
- Illegal lane changes
- Running through traffic lights and stop signs
- Ice, snow, rain, and inclement weather
- Vehicles with manufacturing defects.
Types of Damages You May Be Entitled To
Damages refer to the money you get as an injured party in a personal injury case. There are three types of damages you can receive after a car accident. These are economic, non-economic, and punitive.
Economic damages refer to any tangible losses you have suffered because of an accident. These damages are more concrete since they can be documented and are easier to calculate. Medical expenses are some of the biggest economic damages awarded. Other types of economic damages include lost wages or property damage.
Non-economic damages are subjective and relate to harm you suffered that doesn’t come with a receipt. These damages include emotional distress, pain and suffering, disability, or disfigurement.
Punitive damages are given by the court if you can prove gross negligence. Punitive damages aren’t awarded in every case and are designed to prevent others from exhibiting similar negligence as the defendant.
Steps to Take after an Accident
When hurt after a car accident, you may not immediately think about protecting your rights. Following these steps can help you make sure that you are prepared to file a claim after a crash. Working with a Blain, MN, car accident lawyer can make sure that you get compensation you need after an accident.
If you or someone else is injured, you should call 911 to get immediate medical help. If there aren’t any injuries apparent, you should still call the police in order to get an accident report.
Seek Medical Treatment
Even if you don’t think you have suffered injuries, go to the emergency room after the accident or see a doctor. Some injuries won’t show up right away. You will want to have documentation from a medical professional to show a link between your injuries and the accident.
You likely already know to get contact and insurance information, but it’s also important to document as much as you can from the accident scene. This should include contact information for witnesses, photos of injuries and vehicle damages, where and when the accident took place, and detailed notes about what you remember about this accident. The notes should include moments right before the accident and what happened afterward. Your memory can be a little hazy after an accident, so getting as much evidence as you can will be of help to your Blain, MN, car accident attorneys.
Contact a Blain, MN, Car Accident Lawyer
Even if you think the accident is minor, it’s a good idea to speak with an attorney before you talk with the insurance company or before you accept any settlement offers. Insurance companies typically will make a fast settlement, and this amount is usually lower than what you are entitled to. If you accept the first offer, then your claim will be over even if you later realize the amount doesn’t cover all of your damages.
Minnesota Shared-Fault Rules
Blain car accident claims follow a “modified comparative negligence” rule.
Some states, including Minnesota, follow a rule known as modified comparative negligence. This means the law recognizes that in many situations, more than one person may be at fault for an accidental injury. The court will determine the amount of fault that belongs to each party based on the facts in a case. As long as your share of the fault is 50% or less, you will be entitled to collect some amount of damages for your injury.
An example can help explain this. You are in a hurry to make it to work on time so you are driving 50 mph, which is 10 miles over the posted 40 mph speed limit. You are otherwise following all the correct traffic rules and signs. You get to an intersection, where you don’t have a stop sign but cross traffic does. Your car is hit by a truck that crosses the intersection before stopping at their posted stop sign.
In this example, you are over the speed limit, but the other driver didn’t stop at the stop sign. During the claim, it’s determined you are 25% at fault but the truck driver is 75% at fault. If the total damages for the accident are calculated to be $80,000. You are entitled to 75% of this amount, so your total value of compensation would be $60,000.
If you have additional questions about the particular facts in your case and how fault might be determined, talk to a skilled and experienced Blain car accident lawyer at Tyroler Leonard Injury Law.
How Do You Prove Negligence in a Car Accident Lawsuit?
In a Blain car accident lawsuit, your attorney will need to prove that the other party acted negligently when they caused the accident in which you were injured. A defendant can be a person, a business, an insurance company, a government entity, or any combination of these.
To prove negligence, your attorney will have to prove four elements in your lawsuit. These include:
The defendant owed the plaintiff a legal “duty of care” to ensure that an environment or location was safe.
A plaintiff must show that the defendant breached this duty by doing, or failing to do, something that a reasonable person would have done in a similar situation.
A plaintiff must show that the defendant’s actions, or inaction, caused the injuries to another person.
Damages means that there’s a monetary way of compensating a plaintiff for their injuries and property damage.
Choosing the Best Blain Car Accident Attorney
Skill, experience, and a track record of success make all the difference.
Choosing the right Blain car accident lawyer is one of the most important decisions you will make. Some attorneys have more experience, skill, and determination than others. Attorney Isaac Tyroler and Attorney Rachel Sperling Leonard are among the best and the brightest. They are compassionate with clients and understand that many have been through traumatic experiences. At the same time, they are aggressive negotiators and fierce litigators. We take each case personally and are entirely focused on getting our clients the justice they deserve. We are not afraid to go toe-to-toe with insurance companies to negotiate a favorable settlement or litigate a case in front of a judge and jury when necessary. We will not stop until we have achieved the best possible outcome for every client. To learn more about what our satisfied clients have to say, you can read these client testimonials.
Contact Our Blain Car Accident Lawyer Today
If you’ve been injured in a car accident and need help getting the compensation you deserve, Tyroler Leonard Injury Law can help. We have a track record of success in holding careless drivers accountable for the injuries and harm they cause. We represent all our clients aggressively and fight for their rights. To find out more about how we can help, call us for a free initial consultation at 651-259-1113.