Editors: Racey Rodne, Paul F. McEllistrem, Michael R. Fargione & Andrew J. Rorvig
Editors-in-Chief Racey Rodne, Paul McEllistrem, Michael Fargione and Andrew Rorvig have supervised the production of the best reference tool available for handling motor vehicle accident cases. The Sixth Edition of the Motor Vehicle Accident Deskbook is jam-packed with 24 informational chapters including Basic Theories of Liability and Damages, Medical Subrogation Issues, Settlement Releases and Documents, Uninsured/Underinsured Motorist Coverage, and many more! Over thirty dedicated authors with specialized expertise and decades of practice experience between them have written these chapters to be a complete and comprehensive overview of this practice area. You will find an objective analysis of the law that strikes a balance between plaintiff and defense perspectives. To practice automobile liability law in Minnesota accurately and efficiently, the Deskbook is a must. It covers nearly every practice issue imaginable, providing you with the orientation, the analysis, and the authorities you need to cite. There’s no doubt that your practice will be more efficient and more effective using the Minnesota Motor Vehicle Accident Deskbook.
2024 UPDATE
The 2024 Update to the Minnesota Motor Vehicle Accident Deskbook includes updates to 10 of the Deskbook’s 24 chapters. The Update includes a new section on the discussion of Liability to Third Parties for Illegal Sale of Cannabis in the Accidents Caused by Alcohol Consumption and Vehicular Crimes chapter, a discussion on the new Minnesota Statutes chapter 342 on Cannabis, an in-depth updated discussion of stopping requirements for bicycles approaching intersections, and more. The 2024 Update to the Minnesota Motor Vehicle Accident Deskbook brings your Deskbook fully up-to-date, saving you valuable time otherwise lost to research.
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CHAPTER 1
Basic Theories of Liability and Damages
Introduction; Basic Framework for Liability; Damages; Duties of Vehicle Manufacturers; Duties of Non-Manufacturers; Other Bases of Liability
– Christopher P. Malone & Stephanie N. Maser
CHAPTER 2
Legal Responsibilities of Automobile Owners
Introduction; Ownership and Title; Duty of Vehicle Owner for Condition of Vehicle; Owner’s Responsibility Despite Lack of Owner’s Active Negligence – “Vicarious Liability”; Owner’s Responsibility When Merely Passenger in the Vehicle; Owner’s Responsibility to Entrust Vehicle to Competent Driver; Owner’s Responsibility to Guard Against Injuries to Third Parties; Owner’s Responsibility When Motor Vehicle Is Operated in Contravention of Licensing Regulations; Owner’s Responsibility Diminished by Negligence of Others; Actions by Owner of Vehicle Against Negligent Third Parties; Indemnity and Contribution
– Andrew J. Rorvig
CHAPTER 3
Intersection Accidents, Rights-of-Way, and Obligation to Signal
Introduction; Definitions; Laws Establishing Right-of-Way; Unlawful Speed Forfeits Right-of-Way; Duty to Yield Right-of-Way; Duty of Driver with Right-of-Way; Issues For Jury: Comparative Fault; “Look and Not See” Issues; Rights and Duties Relating to Signals and Signaling
– Michael R. Fargione
CHAPTER 4
One-Car Accidents
Scope of Chapter; General Principles of Liability; Res Ipsa Loquitur; Collisions with Animals; Allegations of Negligence of the Passenger; Actions Against Government: Ice and Snow; Duty Owed to All Persons Using the Roads
– Nicholas J. O’Connell & Julia J. Nierengarten
CHAPTER 5
Rear-End Accidents
Introduction; General Rule; Skidding; Rights and Duties of Leading Drivers; Rights and Duties of Following Drivers
– Nicholas J. O’Connell & Julia J. Nierengarten
CHAPTER 6
Accidents Occurring When Crossing the Center Line and Passing
Introduction; Definitions; Generally – Driving on the Right Side of the Road; Applicability of Comparative Negligence and the No-Fault Act; Prima Facie Evidence of Negligence; Burden of Proof; Justification for Driving to the Left of the Center Line; Questions for Court or Jury; Rights and Duties of Passing Vehicles Going the Same Direction; Duty to Signal, Sound Horn; Obstructed View – Curves, Hills, Trees, Weather, Dust, Lights, or Sun; Intersections and Railroad Crossings; Passing Lanes/Zones; Multiple Lane Highways; Passing a Stopped Vehicle; Bicycles; Persons on Horseback; School Bus or Private Carrier Bus; One-Way Road; No-Passing Zones; Rights and Duties of Passed Vehicles; Last Clear Chance Doctrine; Rights and Duties of Vehicles Passing in Opposite Directions; U-Turns
– Daniel B. O’Leary
CHAPTER 7
Defenses Relating to Sovereign Immunity
Application of Sovereign Immunity; Duty Owed by Government; Notice of Claim Requirements; Snow and Ice Immunity; Statutory Discretionary Immunity; Official Immunity; The Public Duty Doctrine; Wild Animal Immunity; Statute of Limitations/Repose
– Patrick L. Arneson
CHAPTER 8
Standing Vehicles
Scope of Chapter; Stop and Park; Statutory Prohibitions Against Stopping or Parking a Vehicle; Good Samaritan Exception to Stopping and Parking; Parking Automobile Parallel to the Curb; Lights for Parked Vehicles; Duties of Drivers of Buses, Trucks, and Trailers – Flares, Flags, and Reflectors; Duty of One Opening and Closing a Vehicle Door
– Kay Nord Hunt
CHAPTER 9
Accidents Involving Pedestrians and Animals
Introduction; Pedestrians; Crossing the Street; Traveling on the Street and Sidewalks; Animals
– Roger H. Gross
CHAPTER 10
Accidents Involving Motorcycles, Buses, Rental Cars, and Other “Specialized” Vehicles
Introduction; Motorcycles; Bicycles; Snowmobiles; Recreational Vehicles; All-Terrain Vehicles; Trucks; Emergency Vehicles; Buses; Taxis; Rental Vehicles; In-Line Skates; Electric Personal Assistive Mobility Devices; Motorized Foot Scooters; Other Vehicles
– Michael D. Tewksbury, Eric C. Arch & Kathleen K. Curtis
CHAPTER 11
Accidents Involving Speed
Scope of Chapter; Maximum Speed Limits; Evidence as to Speed; Minimum Speed
– Kay Nord Hunt
CHAPTER 12
Accidents Caused by Alcohol Consumption and Vehicular Crimes
Motor Vehicle Accidents Caused by Alcohol; Minnesota Civil Damages Act; Social Host Liability; Vehicular Crimes Related to Alcohol Offenses; Liability to Third Parties for Illegal Sale of Cannabis
– Joseph A. Nilan & Jacob T. Merkel
CHAPTER 13
Commercial Trucking Insurance
Introduction; Interplay Between Federal and State Law; The MCS-90 Endorsement; Cancellation and Replacement of Policies; Coverage Issues Arising from Commercial Vehicle Leases; No-Fault Issues; Indemnity under the Minnesota No-Fault; Non-Trucking Use Coverage; Coverage on Semi-Trailers; Primary-Excess Issues; Anti-Indemnity Statute in Minnesota
– Rachel B. Beauchamp & Tamara L. Novotny
CHAPTER 14
Damages in Automobile Accident Cases
Introduction; Damages in General; No-Fault Benefits; General Damages; Special Damages; Inter-Family Recovery; Factors Limiting or Enhancing Recovery; Nominal Damages; Punitive Damages; Wrongful Death
– Sheila K. Donnelly-Coyne
CHAPTER 15
Accidents Involving Multiple Parties
Comparative Fault; Joint and Several Liability; Prior Settlements; Suing Piecemeal; Uninsured Motorist Claims; Underinsured Motorist Claims
– Matthew E. Steinbrink
CHAPTER 16
Medical Subrogation Issues
Introduction; Practical Approach to Medical Subrogation; General Legal Principles Governing Medical Subrogation; Plans Governed by ERISA; Government Plans; Special Circumstances
– Andrew J. Rorvig
CHAPTER 17
Workers’ Compensation and Motor Vehicle Accident Claims
Introduction; Statutory Authority; Real Party in Interest; Statute of Limitations for Subrogation Actions; No-Fault Issues in Workers’ Compensation Subrogation Claims; Judicial Enforcement of the Right of Subrogation; The Effect of Comparative Fault in the Subrogation Claim; Mechanics of Employer’s Subrogation Action; Waiving the Employer’s Subrogation Claim; Intervention Rights; Settlement Techniques by Employee; Benefits Subject to Subrogation; Settlement Techniques by Employer; The Distribution Formula; The Employer’s Third-Party Contribution Liability; Workers’ Compensation Payments as a Collateral Source; Wrongful Death Claims; The Employer’s Contribution Obligation
– Wilbur W. Fluegel & Shannon A. Nelson
CHAPTER 18
Settlement Documents and Releases
Introduction; General Bodily Injury Releases; No-Fault Benefits Close out Releases; Minor and Incompetent Person Settlement Agreements; Uninsured and Underinsured Releases; Pierringer Releases; Wrongful Death Releases; Drake v. Ryan Agreements; Miller-Shugart; Conclusion; Appendix A – Release Forms: Form 1: Complete Release and Settlement Agreement; Form 2: Complete Release and Settlement Agreement (Including Loss of Consortium); Form 3: Minnesota No-Fault Claims: Complete Release and Settlement Agreement; Form 4: Settlement Agreement and Release for Minor Authorized by Court Order; Form 5: Parent’s Indemnifying Release and Settlement Agreement for Minor; Form 6: Uninsured Motorist Claims: Complete Release and Settlement Agreement; Form 7: Uninsured Motorist Claims: Complete Release and Settlement Agreement (Including Loss of Consortium); Form 8: Underinsured Motorist Claims: Complete Release and Settlement Agreement; Form 9: Underinsured Motorist Claims: Complete Release and Settlement Agreement (Including Loss of Consortium); Form 10: Pierringer Release; Form 11: Pierringer Release (Including Loss of Consortium); Form 12: Complete Release and Settlement Agreement: Wrongful Death; Form 13: Drake v. Ryan Agreement: Satisfaction of Future Judgment and Receipt of Advance Payment; Form 14: Stipulation for Entry of Judgment under Miller v. Shugart
– Elizabeth J. Roff, Corey S. Bronczyk & Jack F. Edell
CHAPTER 19
Special Verdict Forms and Jury Instructions
General Observations; Thresholds; No-Fault Deductions; Deduction of Collateral Sources
– Matt Barber
CHAPTER 20
Vehicle Accidents Involving the Federal Government under the Federal Tort Claims Act
Introduction; The Waiver of Sovereign Immunity; The Administrative Claim Requirement; Time Limit Requirements; The Proper Party Defendant; Jurisdiction and Venue; Available Relief; Attorney Fees; No Jury Trial Available; Appendix A – Standard Form 95: Claim for Damage, Injury or Death
– David W. Fuller & Friedrich A.P. Siekert
CHAPTER 21
Motor Vehicle Liability Insurance Issues
Liability Coverage under the No-Fault Act; Persons Covered; Vehicles Covered; Minnesota Law and Out-of-State Liability Insurance Policies; Collecting from the Liability Insurance Carrier; Multiple Liability Coverages; Garage Policies
– Jeannie Provo-Petersen & Daniel J. Stahley
CHAPTER 22
Uninsured/Underinsured Motorist Coverage
History of Uninsured and Underinsured Motorist Statutes; Issues Common to Uninsured and Underinsured Motorist Coverages; What Is an Uninsured Motor Vehicle?; What Is an Underinsured Motor Vehicle?; Identifying the Source of UM and UIM Coverage; Asserting UM Claims; Asserting UM Claims: Multiple Defendants; First Step in UIM Claim: Resolve the Liability Claim; Options if UIM Insurer Substituted Draft; Multiple Parties; UIM Insurer’s Right of Recovery; Amount of UM/UIM Recovery; Other Issues; Statute of Limitations
– Michael R. Fargione & Racey Rodne
CHAPTER 23
No-Fault Benefits: An Overview
When Does a Claim Arise?; Who Pays No-Fault Benefits?; What Benefits Are Available?; No-Fault Issues at Trial; Relationship to Other Benefits; Miscellaneous Issues
– Paul F. McEllistrem
CHAPTER 24
No-Fault Claims Handling and Arbitration
Statutory Framework for No-Fault Claims; Fair Claims Practices; No-Fault Arbitration; Indemnity/Subrogation; Assignment of No-Fault Claims
– Kelly Sofio
Table of Authorities
Subject Index
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