Legal Question in Personal Injury in Minnesota
Injured in auto accident
I was in a auto accident 4wks ago. I pulled out of my driveway into the street. there is blocked view because of a whole street of parked cars(it used to be a No parking zone), this person was traveling 65 in a 30mph zone. I pulled out and she t-boned my drivers side. she was going 65mph on impact. her insurance company admitted she was speeding to mine. since then, the city did make a no parking zone 25 feet at my request. i have been trying to get a hold of the police for 3 1/2 wks now and they have not returned my calls. the police didn't do much of a investigation. ive called the police chief,mayor(today)and still have not gotten anywhere. I have suffered a severe concussion, colapsed lung,scars on my forehead,and brain damage. I now have to go to speech and physical therapy for a unowned amount of time. I don't know where to go from here. I do take responsibility for pulling out, but I would not have had she was going the speed limit. my car was air-borned 40yards, and I had to be sawed out of the car. i am not getting anywhere with the police.
1 Answer from Attorneys
Re: Injured in auto accident
I just joined the LawGuru attorney network and thus, the reason for such a late response to your letter. I did notice that noone responded to your question so I thought I would respond even though you posted your question a couple of months ago.
You do have the right to bring a claim for your injuries against the other driver. The other driver had the right of way, as they were traveling on the street. However, under Minnesota law, a driver forfeits their right-of-way if the are exceeding the speed limit.
You could also be assessed by the jury with some percentage of fault due if they find that you failed to maintain proper lookout while backing onto the street.
Given how serious your injuries are, it would seem appropriate to hire an accident reconstructionist (usually a former highway patrol officer) to have expert testimony as to the speed and obstruction of your vision issues.
Juries tend to believe these experts and can turn the tide in your favor should the matter go to trial.
The Statute of Limitations in Minnesota for your type of accident is 6 years from the date of injury. You must serve a Summons & Complaint within that time of your claim will be barred, regardless of the merits.
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