Author: Steve Terry

While left turns are more dangerous, plenty of crashes occur when drivers turn right. One way this could happen is if drivers pull out into traffic at the wrong time, especially if the approaching driver is speeding.

The Minneapolis car crash lawyers at TSR Injury Law discuss who is at fault in a right-turn accident in Minneapolis. Many factors must be evaluated, including whether the driver in the oncoming car may be partially at fault.

Insurance companies like to blame victims of these crashes, which is why you need an experienced lawyer to manage your case. At TSR, our services come with no upfront fees. We are not paid unless our clients get paid.

Contact us after a crash to set up a free consultation. Call (612) TSR-TIME.

What is a Right-Turn Accident?

Right-turn accidents may occur when one driver attempts to make a right turn and collides with an oncoming car. These crashes usually happen at intersections, but they are also common in parking lots.

What Causes Right-Turn Crashes in Minneapolis?

Right-turn crashes are typically the result of a driver turning into oncoming traffic. While the driver may have checked for traffic, he or she misjudged the time needed to make the turn or the distance his or her vehicle was from oncoming traffic. Drivers may often make these mistakes when they are distracted or in a rush.

Even when drivers know oncoming traffic is a little too close, they may try to make the turn as fast as possible. Unfortunately, oncoming vehicles might not be able to slow down or stop in time. Some drivers make the turn and slowly accelerate, making it that much harder for oncoming drivers to avoid a collision.

Oncoming drivers may cause right-turn accidents because they are distracted or going over the speed limit. Sometimes an oncoming driver could cause a right-turn crash by changing lanes while a driver starts to turn. In this situation, the right-turning driver might not have seen the oncoming vehicle changing lanes in time to stop.

While victims in right-turn crashes are often drivers, pedestrians and bicyclists could also get hit by a car making a right turn. Drivers must look for bicyclists and pedestrians, especially in blind spots, when pulling forward to make a right turn.

If a driver blocks a crosswalk, he or she could force pedestrians and bicyclists to move out into the intersection to continue crossing the street, putting them at risk of getting hit by oncoming cars.

Sometimes right-turning drivers look left for oncoming traffic but fail to also look right for pedestrians who are in the crosswalk.

Who is Usually at Fault in a Car Crash?

The driver who broke the rules of the road is often found at fault for a car crash. For example, maybe the driver exceeded the speed limit, ran a red light, violated another driver’s right of way, or followed another car too closely. If one of the drivers involved in a car is issued a citation by the police, that driver is probably going to bear most, if not all, of the fault for the accident.

How Does Minnesota Assign Fault For a Right-Turn Crash?

In Minnesota, fault for car crashes and other types of personal injury accidents is assigned based on negligence. The negligent at-fault party can be held liable for damages.

Negligence refers to a breach of a duty of care, such as the duty to obey the speed limit and other rules of the road. The breach of duty must be the cause of the crash. The crash must also be directly linked to the injuries and damages suffered by the victim.

It is important to remember that Minnesota is a no-fault state when it comes to car accident claims. That means victims first seek compensation from the no-fault coverage in their own insurance policies, no matter who caused the crash.

The other driver may still be at fault. However, victims cannot step outside of the no-fault system to file a liability claim or lawsuit unless their injuries and damages cross a certain threshold.

What You Need to Know About Fault For a Minneapolis Right-Turn Collision?

Many right-turn accidents happen when drivers attempt to turn right on a red light. The driver who was turning right is usually at fault because oncoming traffic has the right of way and turning drivers must yield. Turning drivers can also be at fault if they get into a crash while turning at an intersection where red light turns are prohibited.

These are the general rules about fault for right-turn crashes. However, there are exceptions when oncoming drivers may be at fault.

For example, if an oncoming driver was speeding, he or she might be partially at fault. If an oncoming driver changed lanes while in the intersection and crashed into a right-turning driver, he or she could be at least partially liable for damages.

Sometimes a driver turning right on a green light may get hit by an oncoming driver who ran a red light. In this situation, the red-light running driver could be held fully liable for the crash.

Oncoming drivers could also share fault for a right-turn crash if they were distracted. For example, maybe an oncoming driver was texting while going through an intersection. Even though the right-turning driver did not have the right of way, the distracted driver may be partially at fault.

What Happens if the Parties in a Crash Are Partially at Fault?

In Minnesota, you can pursue compensation after a car crash if you are less than 50 percent at fault for what happened. In other words, if you are more at fault than the other driver, you are barred from recovering compensation for your injuries or vehicle damages.

If you are found partially at fault, but less than 50 percent, the total value of your compensation will be reduced according to the percentage of fault you are assigned. An example of this is if a driver was found to be 10 percent at fault for a crash due to speeding. This individual would see any compensation awarded reduced by 10 percent.

Even if you believe you are partially at fault for the crash, you should discuss your situation with a licensed attorney. You should not rely on the insurance company to make an accurate assessment of your fault for a crash. Insurers often try to assign more fault for a crash than should rightly be assigned. Insurers are for-profit businesses and will look for any way to reduce the amount of compensation paid to crash victims.

What You Should Do After a Right-Turn Accident

If you were injured in a right-turn car crash in Minnesota, there are steps you should take for your health and safety, as well as your potential legal claim.

Dial 9-1-1

Tell the dispatcher what happened and that you need assistance. The dispatcher can help you determine if you need an ambulance to join the police at the scene. When the police arrive, they can help secure the area. That way oncoming traffic will not be too close to you or the other driver. The police can also investigate the accident, talk to you and the other driver, and draft an accident report.

Move Your Vehicle Out of the Flow of Traffic

If possible, move your vehicle out of the flow of traffic. The last thing you want is to get hit by an oncoming car. You may want to turn your hazard lights on to help alert approaching drivers to your stopped vehicle.

Be careful about exiting your vehicle. You do not want to be walking too close to passing traffic. You could get clipped by a car and suffer further injury.

Document the Crash Scene

This is not your highest priority. Your lawyer can gather evidence on your behalf. However, if possible, you can take pictures just minutes after the crash. You can also exchange information with the other driver, including insurance information. If there are any witnesses, you can note their names and contact information.

You should only take these steps if it is safe to get out of your car and walk around the crash site. You do not want to be up walking around if you think you might aggravate your injuries.

Go to the Hospital For Treatment

It is generally best to go straight to the hospital from the scene of the crash. You might think your injuries will heal on their own, but you could be wrong. For instance, severe internal injuries after a crash are extremely common. You should never take any car crash injury lightly.

Right-turn crashes can cause severe injuries, including:

You need to seek immediate medical treatment after your right-turn crash so your injuries can be diagnosed and stabilized. This is not only important for your health, but also for your potential compensation claim. Seeking immediate treatment demonstrates a connection between your injury and the crash.

Avoid Saying Too Much to the Insurance Company

If the insurance company calls you after a right-turn crash, you should avoid revealing too much. You can write down what you remember about the crash as soon as possible and discuss things with an attorney before talking to the insurance company. If you wait to write down what you remember, you could easily forget.

Contact an Experienced Attorney

Consulting with an attorney before giving an insurance statement could greatly benefit a crash victim. Since the consultation is free, there is no reason not to seek legal help before talking to an insurance company.

The attorneys at TSR Injury Law have many years of combined experience helping victims of a variety of crashes. We know how to assess whether you have a valid claim and whether you may be partially at fault for a crash.

We are prepared to seek maximum compensation for the damages you suffered in your right-turn crash, which could include:

Have Questions About Legal Options? Call TSR Injury Law Today

We understand crash victims often have a lot of questions about the legal process. We have helped numerous crash victims over more than 20 years in practice, recovering millions in compensation on their behalf.

There is no cost or obligation to meet with us to discuss your crash and whether you may have a valid claim for compensation. We welcome your call, and there is no risk to you.

Even if you were partially to blame for a right-turn crash, you may still be eligible to pursue compensation.

Call (612) TSR-TIME or fill out an online form and we will be in touch shortly.

The police responded to more than 4,000 hit-and-run complaints in 2019 alone, unfortunately, data from the Star Tribune shows arrests were made in less than one percent of cases. The Fifth Precinct in southwest Minneapolis had the lowest arrest rate for these crashes, while all five had similar percentages of arrests.

According to police department officials and city council members, the low number of arrests is partly because of the absence of a dedicated traffic unit for high-collision areas and drunken or distracted driving or speeding. Unfortunately, the council voted down a proposal to apply for a $1.3 million federal grant to help the city with traffic enforcement.

There is an ongoing debate about whether installing traffic cameras and working to engineer safer roads would be better for increasing safety than simply adding more police officers to enforce laws.

Police Policy on Hit-and-Run Crashes

In 2012, the Minneapolis Police Department instituted a policy that hit-and-run crashes should only be investigated if there were serious injuries or fatalities. Staff cuts had forced the department’s traffic unit to focus only on the more serious crashes.

Star Tribune data shows the police arrested a suspect in just 31 of 4,234 cases, a rate of 0.7 percent. Over the past five years, the police made an arrest over a hit-and-run crash in approximately seven percent of cases. If there were injuries, the arrest rate was 10 percent.

Minneapolis PD has just four traffic investigators – for comparison, they had 24 in the late 90s. These investigators are tasked with looking into hit-and-run crashes, police pursuits and crashes involving police and other city vehicles.

However, minor hit-and-run crashes and other minor crashes are usually managed by patrol officers. All five police precincts have traffic response cars for complaints about hit-and-run crashes, drivers ignoring stop signs, or speeding in areas where children commonly play.

There has also been a shift in the approach of police officers. They are trying to be more data driven in making traffic stops. Between 2010 and 2017, traffic stops declined by about 70 percent, going from 92,400 to just 29,150.

Reasons for Hit-and-Run Crashes

According to research, alcohol and drugs are common reasons why crashes happen and why drivers may decide to leave the scene.

In some cases, those who leave may be afraid they have more to lose if they wait for the police to get there. This may be particularly true if the driver has a suspended license, arrest warrant, or lapsed insurance policy.

Some of the other reasons people may flee the scene include, weather, traffic or whether there is a nearby location for drinking alcohol.

City Campaign for Traffic Safety

Our city has started a campaign to promote traffic safety, not just for drivers, but bicyclists and pedestrians as well.

In March, city officials revealed the speed limits on arterial and residential streets will be reduced next year as part of the Vision Zero program, which has a goal of eliminating all traffic deaths by 2027 using education, traffic enforcement and improved street design. Next year, the speed limit on arterial streets will be reduced to 25 miles per hour and the speed on residential streets will be reduced to 20 miles per hour.

Injured in a Hit-and-Run Accident? Call TSR Injury to Discuss Legal Options

Whether the police investigate the crash or not, you may be able to obtain compensation for your damages through an insurance claim. As these claims can be quite complicated, it is important to contact a trusted Minneapolis car accident lawyer.

At TSR Injury Law, we offer a free legal consultation to hit-and-run crash victims to discuss if you may be eligible for compensation for damages. We have extensive knowledge of Minnesota insurance regulations and coverages for hit-and-run crashes.

We charge no upfront fees for representing our clients. Call (612) TSR-TIME today.

Many crashes are caused by distracted driving, but how do you prove the other driver who hit your car was texting while driving?

Below, learn more about the many forms of evidence that may help establish another driver was texting, eating or otherwise distracted. Our experienced Minneapolis car accident lawyers are prepared to conduct an investigation and gather evidence to help you establish your claim and eligibility for compensation.

Possible Evidence of Distracted Driving

There may be various things that can show your crash was caused by inattention or distraction, such as:

What You See at the Scene

The moments after a crash are often the most critical. It is important that you try to stay calm and objectively evaluate the crash. If your injuries are too serious, it is impossible to investigate the scene.  Maybe someone else around the crash could help.  If you are physically able you should try to document the situation.  Take pictures of various angles of the crash scene. Take pictures of the ground to show skid marks or the lack thereof. Also, take pictures of the damage to the vehicles, as this may indicate what the other driver was doing in the moments before the crash.

If you saw the other driver on the phone, eating or otherwise distracted, report this to police when they come to the scene. If it is safe to do so, try to take a peak in the driver’s vehicle for any signs of distraction, such as makeup or food being strewn about the front seat.

Eyewitnesses

Other people may have observed the driver engaging in distracted driving. If any witnesses were present before the crash, such as pedestrians, people in other vehicles or passengers, be sure you ask for their contact information. Your lawyer can contact them later and get their official statements.

Cellphone Records

Your lawyer may be able to obtain the other driver’s cellphone records, which may show if the other driver had just made or taken a call or sent or received a text message before the collision. Cellphone records should show the date and time of this activity.

In some situations, law enforcement may inspect the driver’s phone at the scene of the crash or keep it for evidence.

Social Media Activity

Your lawyer may also be able to obtain evidence of social media activity, such as a picture or post being made just before the crash or other Internet activity.

Police Reports

It is essential that you call police after a crash, especially if you think it was due to distracted driving. This can help ensure that an investigation is done. The law enforcement officer may provide an opinion about the cause of the crash for the accident report.

The officer may gather valuable information during this investigation, such as:

Traffic Camera Footage

Many cities install traffic cameras to help detect red light running and other traffic violations. These cameras may have recorded the other driver and his or her distracted behavior prior to the crash.

Minnesota Laws on Distracted Driving

Minnesota law specifically bans reading, composing or sending text messages and emails or accessing the Internet while using a wireless device while the vehicle is in motion or a person is driving. School bus drivers cannot use a cellphone while working. Additionally, teen drivers cannot use cell phones while they have a permit or provisional license.

Instead, Minnesota drivers are only allowed to touch their cellphones once or must use voice-activated commands when trying to send a message, make a call, get directions or listen to music.

Drivers can only hold a phone in their hand if there is an emergency or life-threatening situation.

Contact Us for a Free Consultation

If you were injured in a car crash and you believe distracted driving was behind it, there may be evidence to support your claim. Our experienced lawyers at TSR Injury Law know how to help you establish your claim. We may also recommend hiring an expert witness or crash reconstructionist who can provide testimony about how the collision occurred.

We do not charge a fee unless and until you receive compensation. We provide a free and confidential consultation so you can learn about your legal rights and options.

Reach us by phone at (612) TSR-TIME.

Minnesota’s hands-free cell phone law has been in effect since August 1, 2019. Understanding what this law requires and what it prohibits is essential for any driver in the state of Minnesota who wants to avoid trouble.

In just the first five months after it took effect, law enforcement issued more than 9,700 tickets statewide. Fighting a citation in court is rarely successful. According to court records reviewed by the Minnesota Star Tribune, less than two percent of cited drivers had their tickets dismissed, while more than 75 percent saw their tickets and fines upheld.

If you’ve been hit by a distracted driver and need to understand what to do after your accident, including when to contact attorneys and how to approach your claim, keep reading.

What Does Minnesota’s Hands-Free Law Say

Under the rules laid out in Minnesota’s Hands-Free Law, drivers in the state of Minnesota are only allowed to touch their cellphones one time or use voice-activated commands when attempting to make calls, send text messages via voice, get directions, or listen to music while driving. Touching the phone multiple times to do any of these things is against the law.

Drivers are not allowed to hold a phone in their hand unless it is an emergency or life-threatening situation. Some other phone-related activities that are prohibited under the new law are: video chatting, live-streaming video, looking at videos or photos, Snapchat, gaming, reading text messages, typing, scrolling, and using non-navigation apps.

Exceptions to the Rule

Using a GPS is allowable, if the device can only be used for this purpose. In-car screens can also be used; however, these systems are usually programmed to lock when the car is in motion.

Although law enforcement agencies have been implementing a more hands-free approach to cellphone usage, any person performing official duties in an authorized emergency vehicle can legally hold a phone.

The law treats smart watches as communication devices, so they fall under the same restrictions as cellphones. A driver can look at his or her watch to check the time, however, one-touch or voice activation must be used for any other activities.

How Does Minnesota’s Hands-Free Law Support My Distracted Driving Injury Claim?

Minnesota’s hands-free law gives injury victims a real advantage when it comes to proving liability after an accident with a distracted driver. Because the law spells out exactly what drivers can and cannot do with their phones, it removes much of the ambiguity that once made distracted driving claims difficult to prove. If a driver was holding their phone, scrolling, or otherwise violating the statute at the time of the crash, that violation can serve as strong evidence of negligence.

You can learn more about how this works in our related post on proving distracted driving in Minneapolis crashes.

The law can also work in your favor beyond the civil claim itself. If the at-fault driver faces criminal charges for violating the hands-free law, that citation or conviction can become useful leverage during settlement negotiations. Insurance companies are often more willing to settle fairly when there’s a documented violation tying the driver to reckless or careless behavior behind the wheel.

Hit By a Distracted Driver in Minnesota? Contact a TSR Attorney Today.

Breaking Down the Numbers on Hands-Free Law Violations in Minnesota

Of the 9,700 cellphone violations, there were over 2,100 drivers who were cited for playing games, watching videos, or using other apps. Over 3,000 drivers were caught reading or writing an electronic message and most of the rest of the offenders were holding a cellphone while talking, video chatting, or dialing a phone number.

Most offenders were between the ages of 30 and 49 with a total of 4,394 citations. Drivers between the ages of 16 and 29 comprised the second largest group with a total of 3,414 violations. Most of the rest of the citations were given to drivers between the ages of 50 and 75.

In all three age groups, men outnumbered women in the total number of violations. In the 30 to 49 age group, 54 percent of the violators were male. In the second largest group (ages 16-29), 55 percent of the offenders were male.

What Are the Penalties?

The first offense comes with a $120 fine, and the fine jumps to $300 for each subsequent offense. This includes court fees.

Law enforcement officials must prove beyond a reasonable doubt that a driver disobeyed the law, however, it is much easier to prove because of the clarity of the law and how it explains what is allowed and what is prohibited. Police can also use dashcam video footage as evidence to prove that you were holding your cellphone while driving.

Contact a Licensed Attorney for Legal Assistance

If you or someone you know was injured in a car accident that was caused by a distracted driver, we recommend contacting a licensed attorney. Compensation may be available for medical expenses, pain and suffering, and any property damage.

The Minneapolis car accident lawyers at TSR Injury Law are prepared to hear the details of your accident in a complimentary consultation. There are no upfront or hidden fees and you are not obligated to have us represent your claim.

Our phone lines are open 24/7 to take your call. Phone: (612) TSR-TIME.

Fatigue can affect drivers in much the same way alcohol intoxication can. Tired drivers may have slower reaction times, poor judgment and poor depth perception, all of which creates a higher risk of a crash.

Unfortunately, fatigue is often underreported as a cause of accidents, according to Daniel Bongers, chief technology officer at SmartCap. This is an Australian company that builds industrial safety products, including a headband that can notify drivers if they may be drowsy.

Even if fatigue contributed to a driver making a bad decision that resulted in a crash, the accident may be attributed to construction or roadwork.

While self-driving vehicles may be the ultimate solution to problems like distracted or drowsy driving, this technology may be a long way from being implemented on a large scale.

In the meantime, there are other technologies that may help drivers right now, such as the wearable biometric sensors being developed by companies like SmartCap. Companies are now able to make these sensors lighter and more accurate and for less money. They can be built into caps, vests, wristbands and glasses.

Sensors in these wearable items can detect things like bobbing or jerking your head, as you might do if you were trying to stay awake. SmartCap’s headband can detect your brain waves and measure alertness or fatigue, notifying you if you are drowsy.

Another company, Optalert, makes glasses that monitor when you blink your eyes, supplying measurements of how long your eyelids stay down on a dash-mounted device. The device has alarms and notifications.

Maven Machines makes a headset that detects if drivers are looking forward, up, down or sideways, along with measuring the number of times you check your mirrors. You may check your mirrors less if you are tired.

Alerts created by these kinds of devices are meant to push drivers to get back into an alert state, such as by pulling over to walk around and/or have a snack. These alerts may help drivers begin to recognize when their bodies are telling them they are too tired to drive safely.

Contact TSR Injury Law After a Drowsy Driving Crash

Injured by a driver who was too tired to be behind the wheel?

Our experienced Minneapolis car accident attorneys may be able to help you pursue compensation for your damages. We know how to identify signs of reckless driving, including drowsiness or distraction, and determine if that is connected to your injuries.

The consultation is 100 percent free of charge, with no obligation to take legal action. Our attorneys do not get paid for representing you unless you get paid.

Call TSR today to set up your free consultation. (612) TSR-TIME.