The Minneapolis distracted driver accident lawyers at Hall Law have extensive experience handling cases involving cell phone use, texting while driving, and other forms of distracted driving. We know the ins and outs of preparing and presenting claims against negligent drivers and will fight for fair compensation for your injuries.
At our firm, we strive to hold those that have caused injuries to a victim accountable for their actions. If you have suffered injuries from a negligent or distracted driver our Minneapolis personal injury attorneys are here to help with your case.
- 3,166 people were killed by distracted driving in 2017
- At 55 mph, sending or reading a text takes your eyes off the road for about 5 seconds — enough time to cover the length of a football field
Minneapolis Distracted Driver Injury Resources:
- How Can Our Minneapolis Distracted Driving Accident Lawyers Help?
- What Damages Can Be Recovered After a Distracted Driving Accident?
- What Can I Do If I’ve Been Hit By a Distracted Driver?
- Is It Illegal to Use a Cell Phone While Driving in Minnesota?
- What are Common Causes of Distracted Driving Accidents?
- Can Cell Phone Records Be Obtained During a Distracted Driving Investigation in Minnesota?
- Should I Accept an Insurance Settlement Offer For a Distracted Driving Accident in Minneapolis, MN?
- How Much Does It Cost To Hire a Distracted Driving Accident Attorney in Minnesota?
- Contact Us
How Can Our Minneapolis Distracted Driving Accident Lawyers Help?
- Our attorneys have achieved record-setting verdicts and settlements, including the largest-ever jury verdict in St. Cloud, MN.
- We prepare every case for trial and will not back down against an insurance company until you recover the compensation you deserve.
- We represent victims of distracted driving on a contingency fee basis, which means there are no upfront fees required, and we only get paid if you do.
What Damages Can Be Recovered After a Distracted Driving Accident?
Although every case is different, there are often at least three primary sources of recovery for injuries suffered in car accidents. These sources include:
- No-fault insurance
- Liability insurance covering the person(s) who caused the accident
- Underinsured motorist coverage
Although Minnesota is a no-fault insurance state, negligent drivers who cause accidents resulting in serious injuries can still be pursued for compensation to cover medical expenses, treatment, and recovery. Texting drivers are legally liable for damages they cause in an accident, and it is important to have experienced representation by your side to ensure proper compensation is received.
What Can I Do If I’ve Been Hit By a Distracted Driver?
It can be difficult to think straight after being hit by a distracted driver, but the steps you take after are critical:
- Call 911: No matter the accident’s severity, it is always best to notify the police. Especially if you are injured, in shock, cannot get the driver’s contact information, or notice they were distracted. Emergency responders will arrive to treat those who require it, and a police officer will create an accident report. The accident report will contain details on the accident that will weigh heavily in an insurance company’s decision on fault. For example, the officer will include how they believe the accident occurred, who was to blame, driver statements, eyewitness statements, whether a citation was issued (e.g., for texting and driving), and more. Be sure to tell the officer that the other driver was distracted so they may investigate.
- Seek Medical Care: Go to the hospital to seek treatment or see your general physician to be medically examined right away. Even if you feel fine, go as soon as possible. Severe injuries can have delayed symptoms, and you need medical documentation linking any injuries and potential injuries to the accident for your claim.
- Document the Scene: If you are not immediately transported to the hospital, stay at the scene to gather as much information as possible. Ask all other parties involved for their contact information, including their insurance policies and driver’s license numbers. Take photos and videos of where the collision occurred, the surrounding area, the final resting positions of the vehicles, their damage, any skid marks on the road or debris, property damage, and your injuries.
- Speak to Witnesses: Ask any witnesses for their contact information and if they will make a brief recording on your phone about what they saw. Witnesses can provide an objective third-party perspective, which insurance companies will consider. As a result, their statements can play a significant role in helping you recover compensation.
- Don’t Discuss Fault: It is never a good idea to discuss fault while at the scene of the accident. Something you say can be misconstrued and may unintentionally hurt your claim.
- Contact a Minneapolis Distracted Driver Accident Lawyer: The next best thing to do is consult with a Minneapolis car accident attorney. They can advise you on your legal options and the best course of action to hold the distracted driver accountable and get the compensation you deserve.
Is It Illegal to Use a Cell Phone While Driving in Minnesota?
Yes – In Minnesota there is a hand-held ban on cell phone use for all drivers regardless of age.
For individuals under the age of 18 or on provisional licenses, there is a ban on all cell phone use regardless of the phone being hand-held or hands-free.
It is illegal for all drivers to engage in a handheld text message conversation in Minnesota. However, this law does not apply to mobile devices that are permanently affixed to the vehicle or used as a form of navigation.
What are Common Causes of Distracted Driving Accidents?
One of the most common causes of distracted driving accidents occurs when an individual is using their mobile phone while driving. Distracted driving leads to thousands of auto accidents annually and are a leading cause of fatal auto accidents. In 2019 3,142 individuals lost their lives as a result of distracted driving.
The National Safety Council estimates that 26% of all auto accidents involve drivers engaging in behavior that distracted them from the road.
Some of the most common causes of distracted driving accident are caused by:
- Texting and driving
- Using social media and operating a vehicle
- Applying makeup
- Not focusing on the road
- Handling pets or children
Driving is the most dangerous activity that many Americans engage in on a daily basis. However some drivers do not pay the necessary attention needed to safely navigate and operate a vehicle. If you believe that distracted or negligent driving contributed to your injuries suffered in an auto accident, our attorneys are here to help.
Can Cell Phone Records Be Obtained During a Distracted Driving Investigation in Minnesota?
A common way to determine if a defendant (the at-fault driver) was using their phone while driving is to request their cell phone records. An attorney can make this type of request after a lawsuit is filed. However, since it is doubtful that the defendant will agree to release them, phone records can also be subpoenaed. Therefore, as part of the discovery process, your attorney can subpoena cell phone records through the court. A subpoena is a formal legal order for a party to allow access to information or evidence in a case.
They should be obtained directly from the phone company so that the defendant does not have the opportunity to alter the records. This information can virtually be irrefutable evidence in a distracted driving case if the records establish that a text or call was placed at the time and location of the accident.
Subpoenaing cell phone records can take time, which is why it is critical that your attorney immediately sends a preservation letter to the driver of the other vehicle. The letter will demand that all call logs and text messages from the date of the accident forward be preserved. If the driver should delete any applicable messages or call logs, spoliation (destroying evidence) can be claimed, making your case stronger.
Should I Accept an Insurance Settlement Offer For a Distracted Driving Accident in Minneapolis, MN?
Although it can be tempting to accept an insurance company’s first settlement offer, it is a common mistake that distracted driving accident victims make. The initial offer will typically be much lower than your case’s actual value, and the insurer is looking to quickly resolve your claim for as little money as possible. Therefore, it is in your best interests to first speak to an attorney and have them review your case.
A distracted driver lawyer will be able to give you an estimate on its value and will likely advise you to wait until you fully recover or reach maximum medical improvement (MMI) before settling. That way, you will understand the full extent of your losses and injuries, as well as the long-term impact they will have on your life.
How Much Does It Cost To Hire a Distracted Driving Accident Attorney in Minnesota?
Many distracted driving accident attorneys in Minnesota accept cases on a contingency fee basis, including Hall Law. What that means is that your attorney will advance all costs associated with your case, and you are only responsible for those expenses if there is a settlement or award. Once you recover compensation, a distracted driving accident lawyer will typically take between 25 to 40 percent as their legal fee. There is no risk to you if there is no settlement, as you will not owe your attorney for their representation.
Like all contracts, the terms can vary by the attorney. For example, some distracted driving accident lawyers may reduce their contingency fee if there is a quick settlement and raise it if a lawsuit must be filed or your case goes to trial. Others may work on a sliding scale fee. For example, 33.3 percent of any recovery up to $100,000, 25 percent of a recovery between $100,000 to $500,000, 20 percent of a recovery beyond $500,000, etc. Whichever type of contingency fee arrangement you agree to, you have no out-of-pocket risk for hiring a skilled and experienced attorney.
Contact Our Distracted Driving Accident Lawyers
After an accident occurs involving a distracted driver, it is important to check the health of all parties involved. If serious injuries are suffered call 911 and get the necessary medical treatment required.
Once a victim has received medical treatment for the injuries sustained in an accident, contact an experienced Minneapolis distracted driver accident attorney to discuss the facts of your case. Our caring Minnesota personal injury attorneys at Hall Law have more than 35 years of experience representing people who have been injured by distracted drivers.
If you or a loved one has been injured in an accident involving a texting or otherwise distracted driver, contact Hall Law via our online contact form or by phone at (800) 292-1979. Our Minneapolis distracted driving accident attorneys can give you a free initial case review and help you decide how to proceed.
Distracted Driving Reference Materials
Cell Phone & Distracted Driving Accident FAQs
Distracted driving is one of the most common causes of motor vehicle collisions.
Distracted driving can result from any focus of driver attention other than the road. Accordingly, distracted driving includes texting and driving, inattention while changing the radio station, inattention while talking other vehicle occupants, and inattention while eating and driving.
Yes. If you are injured by distracted driver, you are entitled to compensation.