Archive for the ‘Car Accidents: Damages Issues’ Category

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Driving Drunk or Alcohol Impaired? Is There Really a Difference?

Thursday, December 3rd, 2009

alcoholic-drinks-1 Driving Drunk or Alcohol Impaired? Is There Really a Difference?You may not be drunk, but you may be alcohol impaired. That means that alcohol has lessened your ability to see and think clearly and the alcohol has slowed your reaction time. It also means you should not be operating a motor vehicle. Research shows that impairment begins sometimes as early as after the first drink.

The legal limit for drunk driving, in all 50 states, is a blood alcohol concentration (BAC) of .08. For many women that is only 2 drinks and for men it can be as few as 4 drinks — a drink is one shot of hard liquor, a 5-ounce glass of wine, or one beer.

Years of research has shown that some impairment begins after only one drink. What are the dangers of driving alcohol impaired? Here are some of the changes that occur at different blood alcohol concentration levels:

  • .02 BAC level – there is some loss of judgment, a decline in visual capabilities like tracking a moving object, and multi-tasking is more difficult
  • .05 BAC level – there is loss of small-muscle control, impaired judgment, not able to focus eyes quickly, and slowed reflexes and alertness
  • .07 BAC level – there is poor muscle coordination (which affects balance, speech, vision, reaction time, and hearing), severely impaired judgment, difficulty concentrating, and impaired perception

Shocking statistics on drunk driving:

  • A driver with a .08 BAC level is 10 times more likely to have a single-vehicle crash than drivers who have not been drinking.
  • A driver with a .10 BAC level or greater is about 7 times more likely to be involved in a fatal car crash.
  • A person driving with a .15 BAC or greater is about 25 times more likely to be in a fatal crash.

There are so many alcohol-related car accidents that an estimated 40% of everyone in the United States will be involved in one at some point in their lives. The conclusion is that it is not wise to drive after you have had any drinks. The safest driving limit is .00 BAC level.

If you have been injured by a drunk driver, you may be able to obtain compensation for medical bills, lost wages, and pain and suffering. You may also be able to collect punitive damages. Punitive damages can be awarded when a defendant has acted with deliberate disregard for the rights or safety of others — basically punishing the defendant.

In many drunk driving injury accident cases, additional insurance can be accessed. Dram shop or social host liability laws may have been violated. If so, claims can be filed against the offending parties.

A drunk driving case is not a simple, straight-forward case. You need qualified legal representation. The attorneys at TSR Injury Law have decades of combined experience and a history of success. Contact a Minnesota Drunk Driving Injury Lawyer at 612-362-0000. We will fight for your rights and fair compensation for your injuries. We have supported the mission of MADD Minnesota for years.


Minnesota Car Accident: Options If A Semi Truck Hits You

Monday, November 30th, 2009

mn-truck-accident-1 Minnesota Car Accident: Options If A Semi Truck Hits YouIf your car was hit by a semi truck, you may be in for the fight of your life. In a semi accident, there can be many levels of negligence, liability, and responsibility — many levels of fault. The following parties may be involved in the transporting of goods by one semi truck; therefore, potentially liable for your injuries:

  • truck driver
  • owner of the cab
  • owner of the trailer
  • owner of the trucking company
  • safety director for the carrier
  • mechanic that worked on the truck
  • vehicle inspector
  • owner of the product being transported
  • person receiving the product
  • manufacturer of the truck

Each entity listed has a vested interest in the event one of their semi trucks is involved in an accident. You can be sure that they will immediately contact their attorney and insurance adjuster to start working the case, protect their interests, and spin it to their advantage if at all possible.

You need an experienced Minnesota Semi Truck Accident Attorney to assist and guide you through the legal process. We will pursue claims against all those responsible for your injuries to ensure that you receive fair and adequate compensation for your medical expenses, lost wages, and pain and suffering. Call 612-362-0000 for more information. It is vital to start the investigation immediately. Driving logs and truck records need to be preserved and equipment inspected.


Minnesota Punitive Damages Defined and Defended

Friday, November 20th, 2009

mn-punitive-damages-awarded-1 Minnesota Punitive Damages Defined and DefendedPunitive damages is defined as monetary compensation awarded to an injured party that is awarded over and above losses. It is intended to punish the wrongdoer for malicious misconduct. Idealistically, punitive damages are awarded with the hopes that it will also deter the defendant from repeating the offense.

The victim is allowed to collect punitive damages when the defendant has shown a blatant disregard for the lives and safety of others, as in driving drunk.

Punitive damages may be awarded by the judge or jury in addition to actual damages. A jury can determine the amount of the punitive damages but, in Minnesota, the judge can reduce that amount if it is deemed excessive.

Insurance companies rarely pay punitive damages. The defendant is financially responsible. It can be difficult to collect punitive damages; but with an experienced, aggressive Minnesota Car Accident Lawyer, you may be able to collect the damages awarded. Call 612-362-0000 or submit our free consultation form.


Minnesota Independent Medical Exam – IME

Friday, November 20th, 2009

mn-ime-1 Minnesota Independent Medical Exam - IMEAn Independent Medical Exam (IME) is not independent nor is it actually a medical exam. It is more of an oral and visual medical review, often times performed in an intimidating fashion. It is scheduled by the no fault insurance company and the doctor is hired by the defense to find any reason for your insurance claim to be reduced or denied.

The IME is to obtain information and expert opinion for the purposes of litigation, not to provide you with any medical treatment. The doctor will scrutinize your appearance, how you stand, how you walk, how you interact – looking for any possible deception. They will check for any other contributing factors by reviewing your medical history including, x-rays, MRIs, CT scans, lab work, etc.

Some IME doctors are highly professional and try to be objective in reviewing your medical history. But, there are too many IME doctors that are influenced by the fact that they are being paid by the defense; and their reviews are skewed accordingly. As professionals, these doctors make credible witnesses.

The bottom line is that the insurance company is in business to make a profit. The fewer medical bills they have to pay the more profit they make. Be sure to speak to an attorney before you go to an IME. They will provide pointers to protect your rights.

Have you suffered an injury in a car accident? Call a Minnesota Car Accident Lawyer at 612-362-0000 for advice on your car accident case and how to handle your IME.


Minnesota Uninsured Motorist Insurance Coverage – UM

Friday, November 20th, 2009

mn-car-crash-2 Minnesota Uninsured Motorist Insurance Coverage - UMAbout half of the states in the United States require Uninsured Motorist (UM) coverage. Minnesota is one of those states. UM protects you and covers your losses if you are involved in an accident with a driver that does not have insurance. You make a claim against your insurance.

You have the right to file an uninsured motorist claim because you have been paying the premium. It should not affect your premium rate. Most states prohibit rate increases for filing a claim if you were not the “at fault” party.

Uninsured motorist coverage covers most of the losses sustained in an accident, but not all of them. You will need to check your policy. The covered losses usually include:

  • Medical bills
  • Wage loss
  • Pain and suffering
  • Disfigurement
  • Loss of future earning capacity

The types of losses that are not usually covered by UM are:

  • Property damage (collision coverage is necessary to cover the damage to your car)
  • Punitive damages (to punish the offender for reckless behavior)

It is important to contact a lawyer after an accident to discuss your options, protect your rights, and to be sure that procedural requirements are followed so that your claim can be settled in a timely fashion with the best possible recovery.

Have you been in a car accident? Contact a Minnesota Car Accident Lawyer at 612-362-0000. Our attorneys are skilled litigators with years of experience. We will handle all of the insurance issues — you can concentrate on healing.


Minnesota Underinsured Motorist Coverage – UIM

Friday, November 20th, 2009

mn-car-crash-3 Minnesota Underinsured Motorist Coverage - UIMMany people buy an inadequate amount of liability insurance coverage — not nearly enough to cover the damage done by most collisions. Underinsured Motorist Coverage (UIM) is necessary because of the skyrocketing costs of medical care and the high costs of vehicle repair / replacement. UIM is optional, typically not required by law, but it can be a financial lifesaver.

UIM is similar to gap insurance. It provides another layer of protection. It will help cover the costs that medical insurance or the at fault driver’s insurance does not pay due to limits. The coverage may include:

  • Medical expenses
  • Property damages
  • Lost wages

In Minnesota, there is no stacking of policies allowed and the payment of UIM is less the amount already paid by the insurance policy of the at fault party. See Minnesota Statutes 65B.49

Dealing with insurance companies on your own is intimidating and a David vs. Goliath scenario if you do not have an experienced Minnesota Car Accident Lawyer on your side. Insurance companies are in the business to make money. Their attorneys are already at work on your case searching for loopholes and any reason to reduce, deny, or defend against your claim.

Are you still recovering from a car accident? Contact a Minnesota Car Accident Lawyer at 612-362-0000. Our attorneys are excellent at establishing fault and proving liability.


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