Across Minnesota, people are driving their cars, motorcycles, 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 drivers will drive safely and obey traffic laws, there are plenty more who will not.
Careless drivers might be speeding, running stop signs, or worse. These negligent drivers can cause create havoc, leading to devastating crashes that result in injuries and death. If you have been hurt in a car crash, our Hastings car accident lawyers can help you get the justice you deserve.
If you or a loved one has been seriously injured, or you have lost a family member in a crash, you could be entitled to financial compensation. This is even more true if the injuries are due to another person's negligence. People injured in car accidents often face mounting medical bills, time off work, and months of rehabilitation. You do not have to face this alone.
To find out more about how our Hastings car accident attorneys can help, call us at 651-259-1113 for a free consultation.
Car Accident Statistics in Minnesota
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.
Car Accident Lawsuit FAQs
Our car accident attorneys in Hastings, MN, answer frequent questions our clients have.
Our clients often have the same questions related to car accidents. These may be about costs, the time it takes to file a lawsuit, and the compensation that may be available to you.
The following are some answers to frequently asked questions:
Can I file a lawsuit if my loved one died in a car accident?
Yes, you can. If your family member lost their life in a car crash in Hastings, you can file a wrongful death lawsuit. These are often appropriate for accidents with a negligent driver, a drunk driver, a tired truck driver, or another driver operating their car recklessly. In these lawsuits, you are allowed to recover several distinct types of damages, including out-of-pocket expenses like funeral and burial costs, loss of companionship, and much more.
What is the average car settlement in Hastings?
Every case is unique, so there is not an “average” settlement that a Hastings car accident victim is going to win. Every case is very fact dependent. In most cases, the more severe the injury, the larger the damages awarded. Varying factors like medical bills, income loss, and pain and suffering may also play a role. If there are multiple people injured in the accident, if someone dies, or if there’s evidence of gross negligence where punitive damages are awarded, the settlement amount can be even higher.
Where and when do most car accidents occur?
According to the
National Safety Council, fatal car crashes happen more often on weekends. They tend to peak on Saturdays. On the other hand, non-fatal crashes are more frequent on weekdays, especially Fridays. The peak time of day for U.S. car accidents is between 4 p.m. and 7:59 p.m. Car collisions occur more often on holiday weekends than during non-holiday times. According to the National Highway Traffic Safety Administration, a considerable number of car crashes happen within a few miles of home. Intersections are another place where car accidents are common, especially in urban areas.
Who is the defendant in a car accident lawsuit?
There can be one or several defendants in a car accident lawsuit. For example, if you are hit by a commercial vehicle, potential defendants could include the other driver, his insurance provider, the company that owns the fleet of cars, and even the car manufacturer if there’s evidence of a manufacturing defect. Also, a government agency could be a defendant if the agency were negligent in road construction, design, or maintenance.
How long does a car accident lawsuit take to complete?
Every car accident case and the time it takes to complete it is different. The time taken will often depend on how long the injuries require to heal, what medical treatment is needed, how many witnesses need to be interviewed, the types and amount of evidence in the case, the number of potential defendants, who is at fault, and the willingness of the defendant(s) or their insurance companies to negotiate. Cases might take just a few months, or they could last a few years to reach a settlement agreement or jury award. Settlements will often happen faster than cases where litigation is required, but sometimes litigation is necessary to get you a fair outcome. Your Hastings car accident attorney can give you a better idea of the potential length of your case after a consultation.
Can I get reimbursed for using a rental car following an accident?
If the other party was at fault for your accident, you are typically entitled to reimbursement from the responsible party’s insurance company for the use of a rental car (like your own) for a reasonable period after the accident. If you have your own rental coverage, you can also get a rental through your own insurance company.
If I am injured in a car accident and self-employed, how are lost wages calculated?
In most cases, pay stubs, and previous tax records, specifically 1099s or W2s, are used to determine past and present loss of income. You can calculate what you are losing now by proving what you have earned in the past. The more years of past tax documents you can show, the better. You can order copies of previous tax returns from the
IRS.gov website.
Common Injuries in Hastings, MN, Car Accidents
Our car accident lawyer in Hastings, MN, can file legal claims for a variety of injuries
Information 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. This estimated rate of death on U.S. roads spiked 24% over the previous 12-month period. This is even despite the number of miles driven in 2020 having dropped by 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.
Several types of injuries commonly occur in traffic accidents. Some of these include:
- Broken and fractured bones
- Concussions
- Traumatic brain injuries (TBI)
- Neck and back injuries
- Puncture wounds
- Cuts, abrasions, and lacerations
- Internal bleeding
- Organ damage or loss
- Severe burns
- Partial or total paralysis
- Wrongful death.
Common Causes of Car Accidents
Some common causes of vehicle crashes in Hastings, MN, include:
- Drunk or drugged driving
- Speeding
- Distracted driving (texting, talking on the phone, adjusting the radio, etc.)
- Failure to follow state and local traffic laws
- Illegal lane changes (i.e., failing to signal)
- Running through traffic lights and stop signs
- Ice, snow, rain, and inclement weather
- Following too closely
- Vehicles with manufacturing defects.
Compensation in Car Accident Lawsuits
You may be entitled to damages if you have been injured in a car accident due to someone else’s negligence. Damages can be both
economic and
non-economic. They include:
- Medical and rehabilitation expenses (current and future)
- Lost wages
- Loss of future earnings
- Pain and suffering
- Loss of consortium
- Emotional distress (including trauma, humiliation, and disfigurement)
- Punitive damages (in limited cases).
Time Limits for Car Accident Lawsuits in Minnesota
In most cases, the statute of limitations for a car accident claim is
six years in Minnesota. The 6-year statute of limitations for car accident cases is found in Minnesota Statutes section 541.05.
There are a few exceptions to this rule that can "toll" or delay the statute of limitations period. These include:
- If the victim is under the age of 18, then the limitations period does not run until the latter of 6 years, or when the person turns 19 years old.
- If the injured person is legally insane, then the clock will not start running until the period of legal disability is over (mental competence is restored). However, this filing deadline will not be extended beyond five years, and once sanity is restored, the suit must be filed within one year. (Minnesota Statutes section 541.15)
Minnesota Shared-Fault Rules in Car Accidents
Hastings, MN, car accident claims follow a “modified comparative negligence” rule.
Minnesota and several other states follow a rule known as modified comparative negligence. In many car accidents, more than one person could be at fault for a car accident. The court will determine the percentage of fault attributable to each party. This fault is based on the facts of the case. If your share of the fault is 50% or less, you will be entitled to collect some damages for your injury.
Here is an example that helps explain this unique rule. Imagine you are driving to your father's house. The speed limit is 40 mph, but you are in a hurry, so you drive at 50 mph. In every other way, you are driving correctly and legally. You enter an intersection where cross traffic has stop signs, but you do not stop. Suddenly, your car is hit broadside by another vehicle crossing the intersection (after that car failed to stop at the stop sign.)
In this scenario, you may have been going over the speed limit, but the other driver did not halt at a stop sign and, therefore, hit your car. Eventually, the court decides that you are 25% at fault for the collision because of your speeding, but the other driver is 75% at fault. Now, imagine your total damages are set at $100,000 for the accident. Under Minnesota’s comparative fault rule, 25% (the percentage of fault assigned to you) will be subtracted from that $100,000. This means you will collect 75% of the total, or $75,000.
Choosing the Best Hastings Car Accident Lawyer
Skill, experience, and a track record of success make all the difference.
Choosing the right Hastings car accident lawyer is one of the most important decisions you will make. Not all attorneys are equal in what they can do for you. Some have more experience, skill, and determination than others.
Attorneys Isaac Tyroler and
Rachel Sperling Leonard are considered to be among the best and the brightest in their field. They are compassionate with clients and understand that they have been through traumatic experiences. At the same time, they are aggressive negotiators and fierce litigators. We take each case personally and are 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 to 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.
If you’ve been injured in a car accident and need help getting the compensation you deserve,
Tyroler Injury Law can help. We have a track record of success in holding careless drivers accountable for the injuries and harm they cause.
We have the experience and determination to fight for your rights to compensation. To find out more about how we can help,
contact us or call us for a free initial consultation at 615-259-1113.