Losing a loved one in a road accident can be devastating, leaving families with emotional scars and financial burdens. When a fatal motor vehicle accident occurs because of the negligence of another party, it is essential to know the legal options available to hold them accountable.
In Minnesota, wrongful death cases involving motor vehicle accidents rely heavily on the concept of negligence. If you have lost a loved one in a motor vehicle accident and are seeking answers, what must you know about negligence and its impact on your pursuit of justice?
What constitutes negligence in motor vehicle accidents?
Negligence in motor vehicle accidents happens when a driver fails to exercise reasonable care, which results in harm to others. This can include speeding, reckless driving, failure to yield and distracted driving, among other traffic violations.
Proving negligence in wrongful death cases
To prove negligence, the plaintiff must show that the defendant’s actions or omissions caused the accident and resulting death. This requires presenting evidence of the defendant’s breach of duty, causation and damages. In Minnesota, the time limit for wrongful death claims is typically three years from the date of death.
Comparative negligence in the state
In addition, Minnesota follows a modified comparative negligence approach. This means that the plaintiff’s negligence can reduce their damages award. However, if the plaintiff’s negligence is more than 50%, they cannot recover damages. Therefore, this approach can affect the outcome of wrongful death cases, making it crucial to know its implications.
The importance of expert witnesses in confirming negligence
Further, expert witnesses like accident reconstructionists and engineers can be vital in establishing negligence. They can analyze evidence and provide testimony on the breach of duty of the defendant, helping to build a case for the plaintiff.
Pursuing justice for your loved one
Negligence plays a critical role in cases involving wrongful death. Going through the legal journey can be challenging during this trying time, but seeking legal counsel can provide you with guidance as you pursue justice for your loved one. Also, with legal support, you may better find closure and accountability.