The Legal Examiner Mark The Legal Examiner Mark The Legal Examiner Mark search twitter facebook feed linkedin instagram google-plus avvo phone envelope checkmark mail-reply spinner error close
Skip to main content

As personal injury lawyers we spend a lot of time in depositions asking questions about why things happen. I call them collisions usually because that’s what they are. We’ve spent time investigating, talking to witnesses, and looking at evidence. Defendants will come in angry, scared, or just ready to talk. All understandable, because they got sued. Unfortunately, in Minnesota we still have to sue the person, despite the insurance company really calling the shots.

What we rarely can get information on is the background reason why things happened. It’s odd to sit there and know the defendant just ran into a stopped car, went through a stoplight, or suddenly lost control of their car.

Studies have come out which suggest that there may be reasons for these incidents, that there are accident prone people, that stress can cause people to not be paying attention. This is on top of loud radios, talking on cell phones, texting, rowdy kids, speeding, and drinking causes.

It will take quick investigation to get some of this information. But, reality is that it’s probably not ever going to be found in most cases, which for society is too bad, because if the background of whys was disclosed more often, it’s possible that future drivers would learn from this. That’s the greatest benefit of having an affective tort system.

Comments are closed.

Of Interest