Archive for the ‘Negligence’ Category


Driver Negligence Lawyer

Tuesday, February 9th, 2010

mn-punitive-damages-awarded-1 Driver Negligence LawyerNegligence is defined as failure to exercise a degree of care that, in the circumstances, the law requires for the protection of other persons that may be injured by the lack of such care.

That means that all drivers have a duty to exercise reasonable care in the operation of their motor vehicle. This duty makes drivers accountable for acts which they knew, or should have known, would likely result in injury to person or property. A finding of negligence will constitute liability for injuries sustained as a result of that negligence. Courts consider various factors in determining a driver’s negligence. These factors include, but are not limited to, the following:

  • Speed: An accident caused in whole or in part by driving too fast or too slow may result in the driver being found negligent.
  • DWI / DUI: A driver may be liable for an accident caused by driving under the influence of drugs or alcohol. Driving drunk or under the influence of drugs can result in punitive damages being assessed against the driver.
  • Obeying driving laws: A driver may be liable for an accident caused by failing to obey traffic laws, such as: failure to signal while turning, failure to signal when changing lanes, or failure to use headlights when appropriate.
  • Exercising caution: A driver may be liable for an accident caused by disregarding weather or traffic conditions.
  • Observing traffic laws: A driver may be liable for an accident occurring due to failure to obey traffic signs or signals or failure to stay in your lane.
  • Conduct: A driver may be liable for an accident caused in whole or in part by intentional or reckless disregard of other’s safety.

To ultimately determine the amount an injured person may recover, the courts consider the negligence of all parties involved in the accident. In Minnesota, the plaintiff’s percentage of fault will reduce the total amount which can be recovered.

It is important to have a knowledgeable attorney who will explain all possible avenues for recovery. Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. A knowledgeable and aggressive Minnesota Car Accident Lawyer will investigate every possible contributing cause of an accident to ensure that you will receive full compensation for your injuries.

This information is provided as a service of TSR Injury Law, 612-362-0000, a Minnesota Personal Injury Law Firm serving Minneapolis, St. Paul, and the state of Minnesota. Call or contact us if we may be of assistance in your car accident case.


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Minnesota Car Accident: DWT – Driving While Texting

Friday, January 29th, 2010

mn-driving-while-texting-1 Minnesota Car Accident: DWT - Driving While Texting Driving while texting (DWT) is dangerous. It is the new DWI / DUI. DWT is a hot topic — made even hotter now that Oprah has gotten on the bandwagon by encouraging people to make a pledge to not text or even use a cell phone while driving.

“It is my prayer that this show, this day will be a seminal day in your life,” Oprah says. “Let it be the end, the end of you using a cell phone or sending a text message when you are behind the wheel of a moving vehicle. And until we as a nation decide we’re going to change that, those numbers are only going to go up.”

All the research and statistics show that drivers that DWT pose a threat. The following gives an overview of some of the research outcomes:

  • Virginia Tech Transportation Institute found that semi truck drivers were 23 times more likely to have an accident while texting than non-distracted drivers. While texting, their eyes were off the road for an average of 5 seconds. A truck doing 55 mph travels travels the length of a football field in 5 seconds.
  • Liberty Mutual Insurance Group conducted a survey of nearly 1000 teens and reported that 37% of them found texting to be “very” or “extremely” distracting.
  • A study by the AAA found that 46% of teens admitted to being distracted behind the wheel due to texting.
  • The University of Utah found distraction from cell phone use while driving (hand held or hands free) negatively affects a driver’s reaction as much as having a blood alcohol concentration at the legal limit of .08 percent.
  • National Highway Traffic Safety Administration (NHTSA) reported that drivers that use cell phones are 4 times more likely to get into crashes with injury. They also reported that the number one source of driver inattention is use of a wireless device.
  • A study conducted at Carnegie Mellon found that driving while using a cell phone resulted in a 37 percent reduction in concentration on driving.
  • A study conducted by the Eastern Virginia Medical School showed that teens using a driving simulator while sending text messages or searching multimedia device menus changed speed, steered erratically, and, in some cases, ran over pedestrians.

The challenge we now face is to educate all drivers about the risks associated with the use of cell phones and other multimedia devices while operating a motor vehicle. Additionally, states should implement stiffer penalties for reckless, inattentive driving. If cell phone records reveal a driver was DWT at the time of an accident, the resultant fine and punishment should be increased.

“Every single time someone takes their eyes or their focus off the road – even for just a few seconds – they put their lives and the lives of others in danger,” said Transportation Secretary Ray LaHood . “Distracted driving is unsafe, irresponsible and in a split second, its consequences can be devastating. We must work together to find solutions that will prevent crashes caused by driver distraction.”

If you have been injured in a car accident, where the offender was DWT, you need legal representation to maximize your compensation. The car accident attorneys at TSR Injury Law are skilled, experienced litigators. We have recovered millions for victims of inattentive drivers. Call 612-362-0000 or submit our contact form.


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Minnesota Car Accident: Failure to Yield Right of Way

Sunday, January 3rd, 2010

yield-right-of-way-sign-1 Minnesota Car Accident: Failure to Yield Right of WayThe most common violations related to drivers and vehicles in Minnesota are speeding, failure to wear seat belt, and failure to yield right of way. All of these violations can lead to car accidents or to more serious injury if a car accident occurs.

Failure to yield the right of way may seem like a minor violation, but it can have serious consequences. When a driver fails to yield the right of way, it can cause road rage and unsafe retaliatory behaviors that could result in a car accident and personal injury or death.

If you have been in an accident due to someone failing to yield the right of way, you may be able to obtain compensation for:

  • medical expenses
  • lost wages
  • pain and suffering

Our Minnesota Car Accident Lawyers will work on your behalf to establish fault and prove liability in your failure to yield right of way accident. Call 612-362-0000 or submit a comment and we will contact you. Our lawyers have decades of combined experience and are consistently voted Minnesota Super Lawyers.

Call 612-362-0000 | Free Consultations | No Fees Until We Win

The following are Minnesota State Statutes on the various aspects of right of way.

Minnesota Statute 169.20 RIGHT-OF-WAY.

Subdivision 1. Right of Way when Approaching an Intersection

(a) When two vehicles enter an uncontrolled intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(b) When two vehicles enter an intersection controlled by stop signs or by blinking red traffic signals requiring drivers or vehicles from any direction to stop before proceeding, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(c) At an uncontrolled approach to a T-shaped intersection, the driver required to turn shall yield to the cross traffic.
(d) The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which the driver might otherwise have hereunder.
(e) The foregoing rules are modified as hereinafter stated in this section.

Subdivision 2. Right of Way on Left Turn

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

Subdivision 3. Right of Way at Through Highway and at Stop Sign

(a) The driver of a vehicle shall stop as required by this chapter at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicles so proceeding into or across the through highway.
(b) The driver of a vehicle shall likewise stop in obedience to a stop sign, as required herein, at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through highway, and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed.

Subdivision 4. Vehicle Entering Roadway

The driver of a vehicle about to enter or cross a roadway from any place other than a roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.

Subdivision 5. Right of Way to Emergency Vehicle

(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle and, except as otherwise provided in paragraph (b), when the driver is giving audible signal by siren, the driver of each other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the highway clear of any intersection, and shall stop and remain in this position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. The driver of another vehicle on a one-way roadway shall drive to the closest edge or curb and stop.
(This subdivision does not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of persons using the highways.)

Subdivision 6. Right of Way to Funeral Procession

When any funeral procession identifies itself by using regular lights on all cars and by keeping all cars in close formation, the driver of every other vehicle, except an emergency vehicle, shall yield the right-of-way.

Subdivision 7. Right of Way to Transit Bus

The driver of a vehicle traveling in the right-hand lane of traffic shall yield the right-of-way to any transit bus attempting to enter that lane from a bus stop or shoulder, as indicated by a flashing left turn signal.


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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.


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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.


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Toyota Recall: Are Cars Unsafe?

Wednesday, November 25th, 2009

toyota-camry-2 Toyota Recall: Are Cars Unsafe?Wednesday, Toyota Motor Corporation reported it will replace accelerator pedals on about 4 million recalled vehicles in the U. S. because of the recurrance of the gas pedal getting stuck in the floor mat. Toyota will instruct dealers on how to do the modification to the pedals before the end of the year, enabling dealers to offer the remedy beginning in January. This is a temporary fix while the company develops replacement pedals for their vehicles.

Toyota hopes to have the replacements available beginning in April. The replacement pedals will be provided and recommended even if the vehicles have already received a modified pedal under the recall. A brake override system will be installed on some vehicle models as a precaution. In the meantime, if your Toyota accelerator sticks, they recommend you put the car in neutral and then apply the brakes.

This recall is the second chapter to a massive floor mat recall in September of 2009. At that time, Toyota told owners to remove the driver’s side floor mats to keep the gas pedal from becoming jammed. The company said unhooked floor mats or replacement mats stacked on top of the originals could lead to stuck gas pedals. NHTSA issued a rebuke accusing Toyota of releasing misleading information about the recall, saying removing the mats did not “correct the underlying defect.” Of course, Toyota responded that it was not their intention to mislead anyone. Cars affected by the recall:

  • 2007-10 Toyota Camry
  • 2005-10 Toyota Avalon
  • 2004-09 Toyota Prius
  • 2005-10 Toyota Tacoma
  • 2007-10 Toyota Tundra
  • 2007-10 Lexus ES350
  • 2006-10 Lexus IS250/350

A brake override system will become standard equipment throughout the Toyota and Lexus lineup by the end of 2010. The following models are to receive the brake override system installation:

  • Camry
  • Avalon
  • Lexus ES350
  • Lexus IS350
  • Lexus IS250

The government statistics report five deaths and two injuries due to floor mat-related, unintended acceleration in Toyota vehicles. In excess of 100 incidents have been reported in which the accelerator may have become stuck. But a safety consultant in Massachusetts, who has investigated many Toyota cases, found more than 2,000 incidents involving 16 deaths and 243 injuries potentially tied to the Toyota gas pedals.

For additional information, owners should contact Toyota at 800-331-4331 begin_of_the_skype_highlighting              800-331-4331      end_of_the_skype_highlighting or the NHTSA hot line at 888-327-4236.

Minnesota Car Accident Lawyer
If you have been injured in an accident due to mechanical defect, you need expert legal representation to maximize your compensation. You should not have to shoulder the financial burden because of the negligence of a manufacturer. Contact our Minnesota Car Accident Lawyers at 612-362-0000. We will work aggressively on your behalf.


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