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Drivers owe a duty of care

On Behalf of | Apr 19, 2023 | Car Accidents, Injuries, Motor Vehicle Accidents

Driving without a license is illegal in any state. For a driver to have the privilege of owning a license, they must know and abide by all the rules and regulations that govern driving in Minnesota. Having a driver’s license suggests that you agree to exercise your driving privilege with reasonable care whenever you operate a motor vehicle. According to the law, drivers owe a duty of care to avoid harming others and destroying property on the road by obeying traffic rules and driving safely.

When does a driver breach a duty of care?

Negligence is a legal term that commonly enters any breach of duty of care, especially when making a personal injury claim. Reckless driving is avoidable, but it happens frequently. In fact, it is one of the major causes of motor vehicle accidents. Here are some examples where a driver is being negligent on the road:

  • Driving while using a cellphone
  • Driving while eating
  • Running a stoplight
  • Forgetting to look both ways before crossing an intersection
  • Driving past the speed limit
  • Failing to use the turn signal
  • Driving while intoxicated
  • Tailgating
  • Driving in the wrong lane
  • Switching lanes abruptly or swerving

Because Minnesota is a no-fault state, you can file a claim with your insurance provider for any personal injuries you sustain in a car accident. However, sometimes the damages can exceed your coverage. If the driver’s insurance does not cover the damages, you can file a personal injury lawsuit against them.

Proving fault in a contributory negligence state

In a contributory negligence state like Minnesota, you can recover compensation for an amount proportionate to the driver’s degree of fault. You must prove the driver owed you a duty of care and that their breach of duty caused you harm. It can be an overwhelming process, but you deserve to fight for the pain they inflicted on you regardless of whether it was an accident.

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