Incidents involving trucks differ from accidents involving regular cars. Legal matters are more complicated, and the damage is frequently disastrous. At least 80,000 pounds and hundreds of liters of extremely flammable diesel fuel are frequently carried by semi-trucks. Your chances of receiving compensation for your injuries, pain and suffering, lost pay, and other losses are increased when you hire an expert lawyer.  This article provides a brief overview of truck accidents in Minneapolis. 

Truck Accidents In Minneapolis:

As a junction between the Mississippi River and two important interstates, truck accidents are particularly frequent in Minneapolis. The National Highway Traffic Safety Administration listed I-35 as one of the most hazardous roads in the country in 2021. Some common types of truck accidents in Minneapolis are:

• Jackknife Accidents
• Rear End Accidents
• Rollover Accidents
• Blowout Accidents
• Under-riding Accidents
• Lost Load Accidents

Determining Liability:

So, who pays for expenses after a Minneapolis truck accident? You must be able to demonstrate negligence on the part of the truck driver or other parties to receive compensation. When drivers make mistakes, trucking companies are frequently held accountable. On the other hand, if a truck driver works as an independent contractor, they may be held personally liable for an accident.

According to employment and tax legislation, independent contractors must adhere to rigorous requirements. Truckers are considered employees if a trucking company contributes to federal and state unemployment insurance, Social Security, and other employment taxes.

A crash may also be the fault of other parties. For instance, a manufacturer of a defective part might be held liable if the part causes a collision. Similarly, if goods are loaded incorrectly, the cargo loader could be held accountable. In Minneapolis, two specific laws also play a big role in determining liability. 

First Party Liability:

One of the most important concerns in a truck accident case is determining who is at fault. In Minnesota, operators who transport people and commodities for a charge have a heightened duty of care since they are considered common carriers under the law. This includes truck drivers, cab drivers, bus drivers, and other drivers. 

These motorists essentially serve as virtual insurance against reckless behavior when traveling. For instance, while a noncommercial driver must drive slowly in the rain, commercial motorists must avoid driving in heavy rain due to their larger duty of care.

Comparative Fault:

Accidents may result from shared responsibility rather than just one person’s negligence. Even if they contributed to the disaster, truck accident victims in Minnesota are still entitled to compensation. If they are partially or less at fault for the accident, the injured parties may seek compensation. 

However, Minnesota law mandates that courts deduct the victim’s share of responsibility from recoverable damages. That basically means that any damages recovered would be diminished by the percentage that you were found to be at fault for the accident.

Recovering Damages:

The negligence per se doctrine applies to commercial operators. Many negligent drivers are legally responsible for damages if:

• They break safety legislation, such as a Minnesota or federal HOS (Hours Of Service) rule 
• The violation significantly caused the victim’s or plaintiff’s injuries.

Damages fall largely under three major categories:

• Economic Damages: You are compensated for any financial losses resulting from the accident through economic damages. This can include monetary costs for things like treatment, missed wages, property damage, and medical expenditures.
• Non-economic Damages: You are compensated for subjective, non-financial suffering, such as mental distress and bodily agony, through non-economic damages.
• Punitive Damages: These are only given out when someone behaves in an offensive or incredibly dangerous manner.

Why You May Need A Lawyer:

Compensation in these instances is frequently sizable due to the severity of the injuries. An attorney can appropriately assess your case’s value. Furthermore, examinations of the accident scene are essential to your case, and a qualified lawyer will conduct a comprehensive accident investigation. They’ll also make sure you don’t accept a meager insurance offer. 

Final Thoughts:

Trucking laws in Minnesota and the federal government are complicated, and mistakes may be expensive. Whether in negotiation or a courtroom, truck accident attorneys have what it takes to prevail.