Motor vehicle accident lawsuits are generally based on the legal concept of negligence.
In Minnesota, negligence is defined as “the failure to exercise reasonable care to prevent harm to someone else on the road.”
If the plaintiff can prove that the defendant was texting (or engaging in some other distracting activity) when the accident occurred, they can generally establish negligence.
What’s more, if the defendant received a citation for violating Minnesota’s distracted driving law, the defendant will be presumed negligent and the defendant will have the burden of proving that they didn’t cause the accident. This is referred to as “negligence per se.”
Finally, if you injure or kill someone as a result of violating Minnesota’s distracted driving law, you face a felony charge of criminal vehicular operation or homicide.