Minnesota Hit and Run Laws:
Leaving the Scene of an Accident
On a busy street, accidents happen in the blink of an eye. In case youre involved in one, the law requires that you stop at the scene of the accident and exchange information with everyone involved.
Leaving the scene of an accident can result in severe legal consequences. In this article, well discuss Minnesotas hit-and-run laws, legal obligations, and penalties.
Minnesota Hit and Run Laws
In Minnesota, leaving the scene of an accident is illegal if the accident results in injury, death, or property damage. Its considered a felony if someone suffers great bodily harm or dies.
A person involved in such an accident may face imprisonment for up to three years, a fine of up to $5,000, or both. Additionally, they may lose their driver’s license.
Failure to stop and provide aid to an injured person could also lead to additional charges, such as criminal vehicular homicide or assault. If found guilty, the offender may face up to 20 years in prison and a fine of up to $40,000.
Legal Obligations
Minnesota law requires that you stop your car immediately at the scene of an accident. Failing to stop is a criminal offense even if the accident wasnt your fault.
If possible, move your vehicle to the side of the road to avoid obstructing traffic. Call 911 if someone is injured or in need of medical attention.
After stopping, you should investigate the scene, including the extent of the damage and injuries. Its also important to exchange information, such as names, addresses, license and plate numbers, and insurance details, with everyone involved.
You should also take pictures of the accident and gather the contact information of any witnesses. If your vehicle is damaged, you’re required by law to report the accident to the police within 24 hours.
Additionally, you should inform your garage or repair shop about the accident. Failure to report the accident to the authorities and your insurance provider could lead to legal consequences, denial of insurance coverage, or both.
Penalties
The severity of the penalties for leaving the scene of an accident depends on the extent of the damage and injuries caused. A person who fails to stop, investigate, and provide aid after an accident that causes property damage can be charged with a misdemeanor.
The penalty may be imprisonment of up to 90 days, a fine of up to $1,000, or both.
The penalty for leaving the scene of an accident that results in serious injury or death is much harsher.
Its considered a felony, and the offender may face imprisonment for up to 3 years, a fine of up to $5,000, or both. Additionally, they may lose their driver’s license.
Victims have certain rights under Minnesota law, especially when it comes to restitution. They’re entitled to recover damages for their medical expenses, property damage, lost earnings, and other losses resulting from the accident.
They can file a civil lawsuit against the at-fault driver for compensation. Duty of Care and
Comparative Fault Rule:
No-Fault State and Duty of Care
Minnesota is a no-fault state, meaning each drivers insurance covers their injuries and damages, regardless of who caused the accident. However, drivers can still be sued for damages if theyre found to have acted with negligence or breached their duty of care.
All drivers have a duty to operate their vehicles in a reasonably safe manner and avoid causing harm to others on the road. Negligence occurs when a driver fails to meet this duty of care and causes an accident.
For example, if a driver is texting while driving, theyre not meeting the duty of care and could be held liable for any damages or injuries resulting from an accident.
Comparative Fault Rule
Minnesota uses a comparative fault rule. This means that each drivers degree of fault in causing an accident is determined by a percentage.
The driver whos found to be at least 51 percent at fault for the accident is responsible for paying all damages resulting from the accident. The other drivers compensation is reduced by their share of the fault.
If both drivers share the fault for the accident, their compensation is reduced by their proportionate share of the fault. For example, if Driver A is 40 percent at fault, and Driver B is 60 percent at fault, Driver A can recover 60 percent of their damages from Driver B.
Contributory fault is also considered in Minnesota. If the plaintiff contributed to the accident, their damages may be reduced based on their percentage of negligence.
For example, if the plaintiff was speeding, and the defendant ran a red light, the plaintiff’s damages may be reduced by 20 percent based on their contributory fault.
Conclusion
In conclusion, Minnesota hit-and-run laws require that you stop at the scene of an accident and exchange information with everyone involved. Failure to do so can result in severe legal consequences, including imprisonment, fines, and loss of driver’s license.
Additionally, you have certain legal obligations after an accident, such as investigating the scene and reporting it to the authorities and your insurance provider. Minnesota is a no-fault state, but drivers can still be sued for damages if theyre found to have breached their duty of care or acted with negligence.
The comparative fault rule is used to determine each drivers degree of fault in causing an accident and the proportion of the damages theyre responsible for. If youve been involved in an accident, it’s essential to seek legal advice from an experienced attorney to protect your rights and interests.
Accidents happen every day, and no one plans to be involved in one. However, being prepared and knowing what to do in the event of an accident can make a significant difference in minimizing potential harm, financial loss, and legal consequences.
In this article, well discuss the actions to take at the scene of an accident and the exceptions to leaving the scene of an accident.
Actions to Take at the Scene of an Accident
1. Stay at the Scene and Collect Evidence
Leaving the scene of an accident, even if no one is hurt or property is damaged, is illegal.
Once you stop, stay at the scene until law enforcement arrives, and exchange information with everyone involved.
Collect evidence by taking pictures of the damage to both vehicles, the license plates, and any injuries sustained.
Make sure to include a photograph of the location of the accident, the weather conditions, and any other relevant environmental factors that may have contributed to the accident.
Eyewitness accounts can be useful in reconstructing the events of the accident.
You can ask any witnesses to provide their contact information, and if willing, a statement of events. It’s also essential to note the time and date of the accident, as well as the location.
2. Avoid Admitting Fault or Aggressive Behavior
When speaking with the other driver and the police officers, avoid admitting fault or apologizing, as it could be considered an admission of guilt.
Instead, file a report on what happened at the scene. Stay calm and avoid any aggressive behavior, as this could lead to legal charges or a physical altercation.
3. Statute of Limitations for Personal Injury and Property Damage
In Minnesota, theres a statute of limitations for filing a personal injury or property damage claim.
The statute of limitations for personal injury is two years, and for property damages, it’s six years. Wrongful death claims have a statute of limitations of three years.
It’s essential to keep this in mind and act promptly to avoid losing your legal right to file a claim. Exceptions to
Leaving the Scene of an Accident
1.
Unaware of Involvement
In some cases, a driver may not be aware that they were involved in an accident. Hit-and-runs could happen when you accidentally bump into another car while parking, for example, and you don’t notice the damage on your vehicle.
It’s important to always check your car for damage, regardless of how minor the accident may have seemed. 2.
No Injuries
If no one is injured, and the only damage is to property, some may be tempted to leave the scene. It’s still essential to stay and exchange information with everyone involved to file a report.
3. Fear of Harm
If you fear for your safety, it’s essential to contact the police immediately and report any threats or aggressive behavior.
Do not leave the scene of the accident without the police’s approval. 4.
Stolen Vehicle
If your car is stolen and involved in an accident, you’re not required to stay at the scene of the accident. However, you should report the accident to the authorities as soon as possible and provide proof that the vehicle was stolen.
Conclusion
Being involved in an accident can be a stressful and overwhelming experience. Knowing the necessary actions to take at the scene of the accident can help minimize the potential harm, financial loss, and legal consequences.
Always stay at the scene of an accident, collect evidence, file a report, and avoid admitting fault or aggressive behavior. It’s important to be familiar with the statute of limitations for personal injury and property damage.
Finally, it’s essential to keep in mind the exceptions to leaving the scene, such as fear of harm or unawareness of involvement. By following these guidelines, you can protect yourself and those around you during an unexpected event like a car accident.
In summary, being involved in an accident can be a challenging and unexpected event. Knowing what to do at the scene of an accident will help you minimize potential harm, financial loss, and legal consequences.
If you’re involved in an accident, stay at the scene, collect evidence, avoid admitting fault or aggressive behavior, and know the statute of limitations for personal injury and property damage. It’s essential to familiarize yourself with the exceptions to leaving the scene, such as fear of harm or unawareness of involvement.
Remember that by following these guidelines, you can protect yourself and others in unexpected car accident situations.