Going into 2025, distracted driving remains one of the most dangerous driving behaviors in the U.S. Minnesota is no exception. Unfortunately, many drivers in this state continue talking on the phone, texting, and eating while driving.
It is no wonder that distracted driving caused more than 3,100 deaths in 2020. These figures do not look much better nearly five years later.
One of the biggest problems governments and authorities face is that many drivers simply do not consider the consequences of distracted driving. They do not think about the injuries caused by a distracted driving accident.
They do not consider how much they might need to pay if they cause extensive property damage while driving and texting. It does not enter their minds that they would live with guilt for the rest of their lives if they caused an accident that killed someone.
If you ever find yourself the victim of an accident caused by a distracted driver, there are several steps you can take to be compensated for your losses.
Distracted Driving in Minnesota
The state of Minnesota has several laws prohibiting distracted behavior while driving. This includes no cell phone use for drivers with learner’s permits and a complete ban on texting and holding a mobile device while driving.
However, even if drivers use hands-free kits while driving, they often do several other things that distract them from the road ahead. This includes eating, drinking, putting on makeup, adjusting the radio, or engaging in a heated debate with a passenger.
Even an emotionally charged conversation while driving can divert a driver’s attention. If this happens even for a second, it can lead to a horrific accident.
What To Do If a Distracted Driver Crashes Into You
If a driver is texting or talking on the phone and they crash into your car, there are several steps you should take.
Remember, you will likely be disoriented, scared, and stressed. It is important to try and stay calm and check yourself and passengers for injuries. If you or anyone else needs medical attention, call 911.
If possible, try to move your vehicle out of the way if it becomes a hazard for oncoming traffic. You can also turn on your hazard lights to make your car more visible to others. Do not stand around in the middle of the road. Stand off to the side as far away from the traffic as possible.
You should also call the police to report the accident. This is important for two reasons: to comply with the law and to get an official accident report. You will need the report to file a legal claim against the distracted driver.
While you wait for the police and first responders to arrive, exchange information with the other driver. The driver may not want to give you any information, but getting as many details as possible is crucial. If the driver becomes aggressive, back off and let the police handle it.
You can also take photos of the vehicle registration number and ask for the driver’s insurance details.
While you are still at the scene and waiting to be medically evaluated, take photographs of the accident scene and the surrounding area. Get footage of your injuries and damage to the cars.
Ask for the names and contact details of eyewitnesses, if any. They may be able to give you a detailed account that may be valuable to your legal case later.
Do not go home before a doctor checks on you. Even if you feel fine, you must get a medical checkup. You may suffer injuries that are not immediately apparent. These include whiplash and internal injuries.
Also, it is critical to document your injuries through medical records. You will need this as proof that the accident caused them.
Determining Fault in a Distracted Driving Accident
Even if it is clear that the other driver caused the accident because they were texting or talking on the phone, the law must still take its course. If you want to file a legal case, you must prove that the other driver is to blame for the accident.
You should consult and hire a lawyer to help you gather the evidence you need to determine fault. This evidence includes the aforementioned police report. Police officers make observations on accident scenes, which, in your case, could include a suggestion that distracted driving played a role in your accident.
You can also contact the witnesses you got contact details from. They may have seen the driver texting or using a cell phone and can put this down in their testimony. Sometimes, it may be possible to subpoena the driver’s cell phone records. Your lawyer will advise whether this applies to your case.
There are also other ways to prove fault, including dashcams or surveillance footage.
Minnesota’s No-Fault Insurance System
Minnesota operates under a no-fault insurance system. This means your own insurance policy (personal injury protection) must cover your initial medical expenses and lost wages up to your policy limits.
If you have extensive injuries, you may be able to pursue a claim directly against the at-fault driver for your extra expenses.
These injuries include:
- Permanent injury or impairment
- Scarring or permanent disfigurement
- Medical expenses exceeding $4,000
If a victim dies in a distracted driving accident, their direct family may be able to pursue a claim against the driver.
If your injuries meet one or more of the above thresholds, you can seek compensation for your medical expenses and lost income. You can also include a compensation claim for pain, suffering, and property damage.
Hiring a Car Accident Lawyer
You do not have to navigate your compensation claim on your own. By hiring an experienced car accident lawyer, you get someone who can legally investigate the accident and gather additional evidence.
Your lawyer will negotiate with the at-fault driver’s insurer to get you the best possible settlement. If the insurer refuses to settle, your lawyer will initiate the process of filing an official lawsuit. They will also represent you in court throughout the trial.
Distracted Driving Remains a Public Safety Threat
It is important to hold distracted drivers accountable for their actions, especially if they lead to accidents, injury, and death. If you work with your lawyer, you can do this effectively and be compensated fully for your losses.