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Proving negligence after a car accident

| Dec 11, 2019 | car accidents

Minnesota residents who are involved in a car crash may be wondering how the concept of negligence will come into play. Negligence is the failure to exercise reasonable care, and in the case of drivers, that care is exercised toward other drivers and road users. When a driver’s negligence directly causes injuries, property damage or other losses, then there may be a case against that person.

There are numerous ways that someone can be negligent behind the wheel. Speeding and tailgating are two of the most common forms of negligence. It should be noted that even following the speed limit can be considered negligent depending on road conditions. The same goes for the distance that drivers maintain from the vehicle in front of them. It takes longer to brake to a stop on slick roads.

Drivers are expected to follow traffic laws, such as those regarding turns and lane changes. They must also maintain control of their vehicles at all times by holding the steering wheel with both hands and avoiding all distractions. Distracted driving is becoming an epidemic with the rise of smartphones and in-vehicle technology.

Sometimes, drivers are negligent even before they enter their vehicle. They may neglect the maintenance of their vehicle, for instance, or fail to wear prescription glasses for driving.

Whatever the form of negligence is, there must be evidence that it caused the car accidents in which victims were injured. Otherwise, it will be hard to file a personal injury claim against the responsible driver’s car insurance company. Even when there is evidence, though, the other side will likely be aggressive when trying to deny the claim. This is just one reason why victims may want to consult a lawyer. The statute of limitations in Minnesota is two years from the date of the accident.