Minneapolis Truck Accident Lawyer
Trucking companies need to be held liable for the damage their negligent drivers cause, and a Minneapolis truck accident lawyer at Milavetz Injury Law, P.A. can help you, as an individual, take legal action. Filing a lawsuit against the trucking company’s insurance provider can help recover damages to pay for medical bills, lost income, and vehicle repairs, as the costs are usually high after a collision with a truck.
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Semi-truck and commercial vehicle accidents are among the most catastrophic events that happen on Minnesota’s roads. When these accidents occur, the result can be devastating for the average driver, leading to serious injuries, property damage, and even fatalities.
Our Minnesota personal injury attorneys have years of experience handling truck accident lawsuits in Minnesota and have secured countless settlements for victims, including a settlement for $15.5 Million.
If you or a loved one has been involved in a truck accident, don’t wait to seek legal help. Contact our team at Milavetz Injury Law, P.A. as soon as possible to discuss your case and learn about your legal options. With the right representation on your side, you can focus on healing and moving forward while our team handles all the legal aspects of your case.
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Liable Parties in Minnesota Semi-Truck Accidents
In Minnesota, multiple parties can be held liable in a truck accident, including:
- Truck Drivers
- Trucking Companies
- Parts Manufacturers
- Loading Companies
- Other Third Parties
Proving Liability in a Minnesota Truck Accident Case
According to Minnesota law, you must establish these five elements to prove negligence in an accident with a semi-truck:
- The defendant’s duty of care. For one reason or another, the defendant had a legal obligation to act a certain way toward the victim. For example, a truck driver has a legal obligation to perform his duties sober and take breaks at regular intervals.
- The defendant’s breach of duty. The defendant did not meet their legally obligated standard of care. A truck driver who operated his vehicle while intoxicated or fatigued would be breaching their duty.
- Cause in fact. If the defendant had not breached their duty, you would not have sustained your injury.
- Proximate cause. Your injury results from the defendant’s breach of duty and nothing else.
- Damages. You are, in reality, injured.
To help prove liability, a personal injury attorney can invite expert witnesses to testify to a breach of duty. Expert witnesses provide helpful industry insights that jury laypeople may not have. Injured parties can also support their claims with other evidence of normal industry behavior, as well as circumstantial evidence.
Filing a Truck Accident Lawsuit in Minnesota
Truck accident claims fall under the umbrella of personal injury suits. According to Minnesota’s statute of limitations, personal injury claimants have six years from the date of the injury to file.
However, if you’ve been the victim of a truck accident in Minnesota, contact us today for a free consultation. Filing takes time, and missed deadlines can keep you from ever receiving your due compensation.
Minnesota Truck Accident FAQs
Can I receive compensation if I am partially liable for the truck accident?
In Minnesota, victims of truck accidents can receive compensation even if they contributed to the accident. Injured parties can pursue damages from an accident if they are half responsible or less. However, Minnesota law requires that courts reduce recoverable damages by the victim’s portion of responsibility.
In other words, if courts find you 20% responsible for an accident that caused you $50,000 in damage, you could recoup up to $40,000 in compensation.
Minnesota’s comparative fault law makes a truck accident’s cause look not so black-and-white. Even so, you can safeguard your claim by not recognizing your liability in discussions about the accident. No one wants to hear an admission read back to them in court.
Does Minnesota cap the damages you can recover in a truck accident lawsuit?
In Minnesota, there is no cap, or limit, to the amount of economic and non-economic damages an accident victim can pursue.
What if my spouse, child, or other close family member died in a truck accident?
Losing a loved one is soul-crushing. If a truck driver’s negligence contributed to your pain, you deserve justice.
In Minnesota, surviving members can pursue a wrongful death claim against liable parties for up to three years from the date of death. Courts must appoint a trustee to file on the family’s behalf.
Can I sue the trucking company if the truck driver was drinking and driving or otherwise under the influence?
In Minnesota, truck accident victims can potentially file a claim against the employer of an intoxicated truck driver. Drivers sharing the road with large trucks assume trucking companies have done their due diligence in vetting truck drivers. If the driver’s employer disregarded a pattern of irresponsible behavior, vicarious liability might implicate them in responsibility for the accident.
What if the at-fault driver leaves the state before I can file a lawsuit?
Truck accident victims typically have two years to file a personal injury claim against those liable. However, if the at-fault driver leaves the state, the statute of limitations pauses. The time limit only resumes once they return.
What regulations must truck drivers adhere to in Minnesota?
The Minnesota Commercial Truck and Passenger Regulations handbook requires drivers to prepare daily inspections of their vehicles and prepare reports of any anomalies. Truck drivers must also keep logs of trip dates, routes they’ve traveled, miles they’ve driven, VIN, and other key trip details. Commercial vehicle operators and passenger carriers must also take mandated breaks and days off at specified intervals to avoid fatigue.
What causes severe or deadly truck accidents in Minnesota?
Factors affecting the accident could take place days or even months beforehand. Driver training and experience, vehicle manufacture, highway and signage upkeep, weather conditions and patterns, and countless other long-term elements can contribute to truck crashes.
In addition to these, the most common associated factors in truck accidents are:
- Brake problems
- Traffic disruption
- Use of prescription or over-the-counter drugs
- Excessive speed in harsh conditions
- Lack of familiarity with the road
- Roadway issues
- Needing to stop
- Subpar surveillance
Excessive speed and intoxication are not only significant factors in truck crashes. In 2019, speeding and substance use were two leading causes of general traffic fatalities in Minnesota.
What are common truck accident injuries?
Some common injuries in truck accidents include:
- Back Injuries
- Neck injuries
- Brain injuries
- Spinal cord injuries
- Lacerations to the face
- Broken bones
Where in Minnesota do semi-truck accidents happen most often?
Truck accidents in Minnesota occur most often on these roads:
How can I drive safely around semi-trucks?
Sharing the road with commercial vehicles requires extreme caution. Due to their size, trucks have the safety advantage in any collision. Of course, the goal of safe driving is to avoid a collision entirely. But if an accident were to occur, the personal vehicle’s driver would likely sustain the worst injuries.
Here are some safety guidelines for sharing the road with large trucks:
- Stay away from blind spots. Unless you can see the driver’s face in their mirror, they don’t know you’re there – and they can’t drive defensively around what they can’t see.
- Keep in mind that trucks take longer to stop. Semi-trucks and other large vehicles need the length of two football fields to come to a complete stop.
- Prepare to accommodate their wide turns. Changing the direction of a vehicle that large is no small feat. Sometimes, drivers must make complicated maneuvers or move into other lanes in order to turn. Pay attention to their movements and only continue driving once they’ve finished.
- Give the truck some space. Cars can get stuck under trucks in a crash because trucks are situated higher off the ground. Stay a reasonable distance away from the truck, especially on an incline.
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Minneapolis Office Location
305 North 5th Avenue, Suite 300
Minneapolis, MN 55401
Content Reviewed by:
Alan Scott Milavetz