Minnesota Driver is Still Responsible to Pay Damages Caused in Accident, Even Though No Traffic Ticket
The following local news story offers the opportunity to point out that sometimes a driver is negligent and is responsible for paying damages he causes, even though he did not get a ticket.
Bicyclist is Hurt After a Crash with a Pickup Truck.
“State troopers say the pickup was heading west on Highway 108 when it collided with a bicycle heading the same direction. The bicycle rider was hospitalized. Troopers say the bicycle rider was not wearing a helmet at the time of the accident. The crash is under investigation.” 
So, if the pickup truck driver did not receive a traffic ticket, is it possible that he was still driving negligently and therefore responsible for paying damages he caused? YES!
In civil law, a driver can be found negligent and legally responsible for damages even if no traffic citation or criminal charge is issued. A traffic ticket is a matter of statutory violation, meaning it concerns whether the driver broke a specific law or rule of the road.
Negligence is Based on the Duty Owed to All Others.
Negligence, by contrast, is a broader legal concept based on the duty of reasonable care that all drivers owe to others on the road, including bicyclists, pedestrians, and other motorists. A person may fulfill every technical traffic rule but still act in a way that a reasonable person would recognize as careless under the circumstances.
For example, consider a driver traveling in his own lane who collides with a bicyclist also riding in that lane. Even if the driver did not exceed the speed limit, cross the centerline, or otherwise violate any statute, he may still be negligent if he failed to keep a proper lookout, maintain a safe distance, or react reasonably to the presence of the cyclist.
The key question is whether the driver used the degree of care that a reasonably prudent driver would have exercised under similar conditions. If not, the driver can be found negligent and held civilly liable for the resulting injuries and property damage.
Negligence and legal violations often overlap, but they are distinct legal bases for liability. In Minnesota, a traffic violation, such as running a stop sign, means the driver is negligent because it shows a failure to follow established safety laws.
The answer is YES, a person can be negligent without breaking a statute.
