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Advice for At-fault accident driver

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My father missed a stop sign(Minnesota) and was broad-sided by another vehicle. Other driver suffered neck injuries (had already been treated at the same hospital in the past for neck injuries). Police report shows the other driver was not wearing seat belt as required by law. My father's insurance company is suggesting that perhaps they retain an attorney to protect their assets. I can only assume because the coverage limits are low (20,000 - 30,000??). I would like to know how Minnesota law handles PI cases where the injured party did not wear seat belts....



I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

It is not just a matter of specifically failing to wear seatbelts. It is a matter of what type of negligence law Minnesota follows:


1. Contributory negiligence? Which may bar the plaintiff's claim againsr your father.

2. Comparative negligence -- Depending on percentage of fault court allocates to each party, plaintiff recovery may not be barred, even if not wearing a seat belt.

The other important issue is this: proper allocation of the neck injuries -- past versus present. How much did the accident aggravate pre-exisiting injuries and can that be quantified into a number?

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