The Land of 10,000 Lakes is a great place to live and visit. However, driving conditions aren’t always the best, especially in the winter, and even roads in urban Minneapolis can be hazardous. After all, it’s hard to keep up with the state’s average annual snowfall during the thick of it.
Winter isn’t the only time driving can be treacherous. Minnesota has a relatively high year-round car accident rate. In fact, 488 traffic fatalities in 2021 were reported throughout the state.
Accident-Prone Streets in Minneapolis
Almost every city has at least one street or intersection where it seems like car accidents occur every day, and the reasons can vary from a poorly designed intersection to a lack of traffic signals.
Some streets are poorly maintained and this can increase the risk of a vehicle collision occurring. Some streets and intersections that see a higher number of car wrecks in Minneapolis include:
- East 26th Street and MN 55: This is the first intersection drivers encounter after exiting the freeway. Most vehicles are still traveling at close to freeway speeds on the exit ramp and aren’t prepared to stop at the traffic light. Rear-end collisions are common, along with accidents in the intersections caused by drivers failing to stop.
- Lake Street West and Lyndale Avenue: This is a busy intersection for both vehicles and pedestrians. Unfortunately, drivers aren’t always on the lookout for pedestrians and this increases the risk of an accident.
- US Highway 12: This is one of the busiest freeways in Minnesota and the most accident-prone. The lanes are narrow and lighting is inadequate, making nighttime accidents a common occurrence.
These are only a few examples of the dangerous roads and intersections in the state. An effective way of avoiding being involved in an auto accident is to always pay attention to your surroundings.
Minnesota Law and Its Impact on a Car Accident Case
Minnesota is a comparative fault state and this can work in your favor. If you’re not familiar with comparative fault law, the standard is relatively simple to understand. Basically, comparative fault means you may be sharing the blame for the accident with the other driver or drivers.
Comparative fault assigns a percentage of the blame to everyone involved in the accident, so even if you’re partially responsible for the car collision, you may still be able to receive compensation.
However, before you get excited and start preparing your personal injury case, there is a requirement you must meet. If you are found to be over 50% responsible for the car accident, you aren’t eligible for compensation. If you’re only assigned 50% or less of the blame, you may be able to receive partial compensation for your injuries and/or property damage.
Yes, your compensation amount is reduced by the percentage of your blame, and the only time you can file for full compensation is when it’s determined your percentage of the blame is zero. Feeling a little confused? Here’s a quick example.
You’re found to be 30% responsible for the vehicle collision and are awarded damages. However, before you receive the compensation check, 30% is deducted from the amount.
So, how is comparative fault determined? In most accident cases, the insurance adjuster is responsible for assigning blame. Occasionally, a judge or jury can also take on the responsibility, but this only happens if your personal injury case goes to trial.
The insurance adjuster typically uses the police report, witness statements, and even recreates the accident scene to determine fault.
Minnesota’s Statute of Limitations
You don’t want to wait too long to file a personal injury claim since Minnesota has a statute of limitations, and there are very few exceptions. You have six years from the date of the accident to file for compensation. However, it’s rarely a good idea to wait this long.
Witnesses can move away, becoming difficult to reach if necessary, and their memories of the accident can also become fuzzy after a while. Don’t forget about the claims process, as very few personal injury claims are quickly resolved.
Sometimes, insurance companies can drag out the settlement negotiations for weeks and even months. There are also filing dates to consider if you decide to take your personal injury case to court.
There are times when six years may not be enough time to file for compensation. For example, if a minor is injured in an accident the statute of limitations can be extended until they turn 18. Once they’re an adult, the clock starts ticking on their personal injury case.
Types of Compensation Available in Car Accident Cases
While every car accident case is different, the types of compensation you may be able to receive stay the same. You may be able to claim for:
- Economic damages: These are damages like medical expenses, property repair or replacement costs, along with lost income.
- Non-economic damages: Emotional distress, pain, and suffering are a few examples of non-economic damages. Non-economic damages are intangible, meaning they don’t have a fixed value and can be more difficult to calculate than economic damages.
- Punitive damages: Punitive damages aren’t something you can put a dollar amount on. Instead, punitive damages are awarded by the judge or jury. Punitive damages are intended to punish the defendant for their reckless or negligent actions and to serve as a warning to others. The goal of punitive damages is to deter others from exhibiting the same behaviors.
Remember, every auto accident case is unique. You may be eligible to recover economic, non-economic, and punitive damages or only one or two of the options.
Contact an Attorney About Your Car Accident Case
If you’re injured in a car accident, don’t try to resolve your case by yourself. Minnesota law is complex and not always easy to navigate. Even the statute of limitations has a few exceptions that may affect your personal injury case.
Instead of relying on the insurance provider to handle your settlement amount, contact a personal injury attorney. Your attorney can help ensure you receive full and fair compensation, even if you’re partially responsible for the accident.
