While Minnesota’s roads are generally considered safe, truck accidents can still happen. The Minnesota Department of Public Safety reported 4,120 truck accidents in Minnesota in 2021, including 72 fatalities and 1,248 serious injuries.

If you get involved in an accident, it’s easy to lose control of the situation, making it hard for you to think straight. It’s natural to get overwhelmed and feel like you don’t know what to do next, especially when panic and fear start to set in.

It helps to know what to do in the event of a truck accident to ensure your safety and protect your legal rights. This blog post will discuss the first three actions you should take following a truck accident in Minnesota.

1. Ensure Everyone’s Safety

The first step you should take after a truck accident is to ensure everyone’s safety. Check yourself for injuries first, then check on any passengers in your car. After that, check if the other vehicle’s occupants have sustained any damages.

Call 911 and request medical attention, especially if someone is injured. You should report even small cuts or minor bruises for medical evaluation. Even if no one appears to be injured, medical responders will still need to evaluate the mental and emotional state of all involved parties.

Calling emergency services also helps to ensure you have a medical record of the accident and potential injuries. In the meantime, turn off the car engine and keep everyone away from the vehicles until help arrives, ensuring that no one is at risk of further danger.

2. Document Everything

Documenting the truck accident scene can be crucial in protecting your legal rights. Once you have ensured everyone’s safety, you can start taking photos and videos of the accident scene while waiting for emergency services to arrive. Document the time and location, injuries, skid marks, vehicle damage, property damage, road conditions, weather conditions, and other pertinent details.

This is also the time to collect the contact information of the other people involved. Be sure to get the following information:

  • Full name
  • Complete address
  • Contact number
  • License number
  • License plate number
  • Make and model of the vehicle
  • Insurance information

This goes for the driver and the passengers of the other vehicle. Also, do not forget to get the names and contact information of any witnesses who saw the accident.

Once the police arrive, note the names and badge numbers of the officers who responded to your call. Ask for an official copy of the police report and ensure it is as accurate as possible.

3. Contact Your Insurance Company

You should also notify your insurance company about the accident as soon as possible. Contact your insurer immediately and inform them of the details of the incident. Provide them with all necessary information you have collected, including photos and videos from the scene, contact information from witnesses, license numbers, and police reports.

Aside from informing your insurance company, you should also contact a personal injury lawyer. An experienced personal injury attorney from GoldenbergLaw can offer you legal advice and help ensure your best interests are protected.

Contacting your insurance company and a personal injury lawyer is critical to protect yourself in case you need to take legal action or if you need to file a claim. For the time being, remember the following:

  • Do not talk about the accident with anyone but the police, your insurance provider, and your lawyer
  • Do not admit any fault or liability regarding the accident
  • Do not make any statements that can affect your legal rights
  • Do not sign any documents without consulting your lawyer

The Basics of Minnesota Truck Accident Laws

Aside from the first few steps to take when involved in a truck crash, it also helps to be aware of the applicable laws on truck accidents in Minnesota.

Here are some of the most important things to remember about Minnesota truck accident laws.

Statute of Limitations

Minnesota Statute section 541.05 states that the statute of limitations for personal injuries is typically six years, although there are some exceptions to that. One of these exceptions is if the accident results in someone’s death. In this case, the statute of limitations for wrongful death is three years, as stated in the Minnesota Statute section 573.02.

No-fault Insurance State

Minnesota is a no-fault insurance state. Under the Minnesota No-Fault Automobile Insurance Act, all drivers must carry personal injury protection or PIP. This means that your auto insurance will cover most of the damages, including medical expenses and lost wages, regardless of who is at fault in the accident. However, this does not cover the damages to your vehicle unless you have collision and comprehensive coverage.

Comparative Negligence

Under Minnesota Statute section 604.01, the state follows a comparative negligence rule. This means that the damages you can recover will be reduced by the percentage of fault attributed to you. For example, if the court finds that you are 20 percent at fault for the accident, your total damages can be reduced by 20 percent, allowing you to recover only 80 percent of the damages.

Entitled Damages

In Minnesota, you may be entitled to receive economic damages such as medical expenses, lost wages, property damage, and diminished earning capacity. You may also be eligible for non-economic damages such as pain and suffering. Depending on the circumstances of the accident, you may also file a wrongful death claim if a loved one passes away because of another driver’s negligence.

Federal and State Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) governs federal regulations that apply to the operation and maintenance of trucks. Minnesota also has these regulations mirrored in its state statutes, which the Minnesota Department of Transportation regulates.

As expected, truck drivers must follow both federal and state regulations. These include:

  • Restrictions on the number of hours truckers can drive within a specific time frame
  • Required number and duration of breaks truckers must take
  • Prohibition of alcohol and substance use
  • Truck maintenance, repair, and inspection standards
  • Required driver licensing and training
  • Load requirements such as vehicle size, load weight, type of cargo, and speed limits

These regulations are in place to protect truck drivers, other motorists, and pedestrians from the dangers of truck accidents. If the truck or driver in your accident violated any of these regulations, you may file a claim against the driver or trucking company with the FMCSA or the Minnesota DOT.

A Truck Accident Lawyer Can Help with Your Case

The sheer size of trucks can cause significant damage and injury to standard cars when a crash occurs. Add to that the negligence of the driver or the trucking company, and you have a recipe for disaster and a complex legal battle.

An experienced personal injury lawyer can help you navigate the legal process and protect your rights. They will review your case, analyze the evidence and circumstances, and maximize your chances of a successful outcome.

They can also help deal with the trucking company or their insurance provider by handling all communications and negotiations to ensure you get fair compensation for your damages.

Protect Yourself and Your Rights

Knowing the first steps after a truck accident can help ensure your safety and protect your rights. But the best thing you can do is to contact the expert lawyers at GoldenbergLaw, PLLC.

We have been helping people who have suffered from truck accidents in Minnesota for over 35 years. We will work tirelessly to get you the compensation you deserve.

Contact us today for a free consultation.

Sources

https://www.goldenberglaw.com/
https://www.goldenberglaw.com/blog/2019/april/ten-steps-to-follow-after-an-auto-accident/
https://www.findlaw.com/state/minnesota-law/what-to-do-after-a-truck-accident-in-minnesota.html
https://www.goldenberglaw.com/personal-injury/truck-accidents/
https://dps.mn.gov/divisions/ots/reports-statistics/Documents/CFmod_2021_Doc.pdf
https://www.revisor.mn.gov/statutes/cite/65B/pdf
https://www.revisor.mn.gov/statutes/cite/541.05
https://www.revisor.mn.gov/statutes/cite/573.02
https://www.revisor.mn.gov/statutes/cite/65B.41
https://www.revisor.mn.gov/statutes/cite/604.01