Posts Tagged ‘Minnesota Car Accident’

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2010 BMW Recall: Windshield Problems

Tuesday, February 16th, 2010

mn-car-interior-1 2010 BMW Recall: Windshield ProblemsBMW of North America, LLC issued a recall January 22nd on 2010 models of BMW X5 and X6 for poorly bonded windshields. In the upper right area of the windshield, bonding may be insufficient for approximately 50 cm. In the event of a rollover, the stability of the roof may be compromised, allowing the roof to cave and increasing risk of injuries.

These recalled vehicles were manufactured between December 14, 2009 and December 16, 2009.

To date, BMW has not provided a remedy or owner notification schedule on this recall. Owners may contact BMW at 1-800-831-1117. Owners may also contact the National Highway Traffic Safety Administration vehicle safety hotline at 1-888-327-4236 (TTY-1-800-424-9153) or go to www.safercar.gov.

NHTSA Campaign Number: 10V025000

This information is provided as a service of TSR Injury Law, a personal injury law firm serving Bloomington, Minneapolis, and the entire state of Minnesota. Call 612-362-0000 if we can be of assistance with your BMW car accident.


Minnesota Car Accident Injury

Thursday, February 11th, 2010

mn-ambulance-1 Minnesota Car Accident InjuryMore than two million people are the victims of a car accident injury each year in the United States. The majority of car accidents, resulting in car accident injury, are due to negligence on the part of one or both of the drivers. Negligence is defined as failure to exercise a degree of care that is necessary in order to prevent damage or car accident injury.

We are Minnesota personal injury lawyers and skilled litigators. We help individuals and families injured in an accident — car, truck, bus, motorcycle, bicycle, pedestrian, slip and fall, or third party work accidents. Personal injury law is all we do and our attorneys are dedicated to providing personal injury victims with experienced, successful legal representation.

We work with Minnesota clients who have suffered a wide variety of injuries, from brain injury and spinal injury to tinnitus, anisocoria, or broken bones — we have seen it all. No case is too large or complex for us to handle. Whether you have been involved in a car accident or need an advocate in a wrongful death case, we provide the experience, commitment, and aggressive representation that yields results.

Victims of a car accident injury have the legal right to seek compensation for:

  • medical expenses
  • loss of income
  • loss of earning potential
  • pain and suffering
  • property damage (usually settled under no-fault)

If the car accident injury was the result of an accident due to a defect, a product liability claim may also be filed. The defects may be the result of a:

  • flawed design
  • manufacturing error
  • defective part
  • negligent repair job

After you have called the police, exchanged driver information, and notified your insurance company about the accident; it is in your best interests to seek legal counsel. The insurance companies already have a team of investigators and attorneys working to deny your claim. You need someone fighting for your rights.

This information is provided as a service of TSR Injury Law, a personal injury law firm serving Minneapolis, St. Paul, and the state of Minnesota. Call 612-362-0000 to discuss your case.


Honda Recall on Popular 2001 – 2002 – 2003 Models

Wednesday, February 10th, 2010

mn-air-bag-1 Honda Recall on Popular 2001 - 2002 - 2003 ModelsHonda Motor Company has issued a recall on 438,000 cars worldwide due to faulty airbags. The recall comes less than two weeks after another Honda recall for 646,000 due to a faulty window switch. And in November 2008 and June 2009 Honda recalled 510,000 vehicles for airbag problems.

Honda Motor Company plans to replace an airbag deflator that could rupture and send shards toward the driver in an accident, causing further personal injury. There has already been one death and eleven injuries.

In the current recall, investigation had determined the defect was caused by insufficient stamping pressure during the production of the inflator propellant and not by excessive moisture intake by the propellant as previously believed, Honda said.

Cars Included in the Recall:

  • 2001-2002 Honda Accord
  • 2001-2003 Honda Civic
  • 2002 Honda Odyssey
  • 2002 Honda CR-V
  • 2003 Honda Pilot
  • 2002-2003 Acura 3.2 TL
  • 2003 Acura 3.2 CL

Honda is announcing this recall expansion and encouraging all owners of these vehicles to take their vehicle to an authorized dealer as soon as they receive notification from Honda that their vehicle is affected. Notification to customers will start within the month.

Honda’s Recall Number: Q96
Acura’s Recall Number: R13

For more information, Honda owners can go to http://owners.honda.com/recalls or call (800) 999-1009; Acura owners can go to http://owners.acura.com/recalls or call (800) 382-2238. Owners may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to http://www.safercar.gov.

This information is provided as a service of TSR Injury Law, a personal injury law firm serving Bloomington, Minneapolis, and the entire state of Minnesota. Call 612-362-0000 if we can be of assistance with your Honda car accident.


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 injuriously affected 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 signal while turning 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.


2010 Toyota Prius Recall – 2010 Lexus HS 250h Recall – Bad Brakes

Tuesday, February 9th, 2010

mn-toyota-prius-1 2010 Toyota Prius Recall - 2010 Lexus HS 250h Recall - Bad Brakes There is a third major Toyota recall. Toyota Motor Corporation is recalling 437,000 of its flagship Prius and other hybrid cars for braking problems. The recall is on all 2010 Prius hybrids (133,000) and Lexus HS 250h (14,500) vehicles.

Toyota President Akio Toyoda made the following statements on Monday.

“I apologize for causing trouble and worries for many customers over the quality and safety of Toyota. We sincerely acknowledge safety concerns from our customers. We have decided to recall as we regard safety for our customers as our foremost priority.

Let me assure everyone that we will redouble our commitment to quality as a lifeline of our company. With myself taking the lead, and by keeping to the ‘genchi genbutsu’ [go and see for yourself] principle, all of us at Toyota will tackle the issue in close cooperation with dealers and suppliers together, we will do everything in our power to regain the confidence of our customers.”

The National Highway Traffic Safety Administration (NHTSA) recommends that owners contact Toyota dealers immediately if they have experienced any braking problems or if they notice changes in their braking performance. Loss of braking is most likely to occur in cold weather when traveling over an uneven road surface, pothole, or bump.

If this occurs, the NHTSA advises owners to continue to firmly press on the brake to stop the vehicle. Toyota claims that the brakes will work with continued, firm application. As an extra precaution, drivers should leave extra stopping distance until the recalled vehicles are fixed. Toyota says the problem can be fixed in 40 minutes with new software that oversees the controls of the anti-lock brakes.

Dealers will rewrite the programming of the ABS control unit at no charge. The recall will begin late February and should be completed in late March 2010.

Owners may contact Toyota at 1-800-331-4331 and Lexus at 1-800-255-3987 or contact your local dealership if any problems are detected. For more information, consumers may visit www.nhtsa.gov, www.safercar.gov, or call the NHTSA Vehicle Safety Hotline at (888) 327-4236.

NHTSA Recall Number: 10V039000

Number of Vehicles Affected: 148549

This information is provided as a service from TSR Injury Law, 612-362-0000. Our lawyers are experienced, skilled litigators and are willing to answer any questions regarding your Toyota car accident claim.


Minnesota Car Accident: Fatal Car Crash

Tuesday, February 9th, 2010

mn-wrongful-death-3 Minnesota Car Accident: Fatal Car CrashApproximately 40,000 people are killed in fatal car accidents each year in the United States, with about 40 percent of the fatal crashes being alcohol-related. That means a person dies in a car accident every 12 minutes. The leading cause of death for people between 2 and 34 years old is motor vehicle crashes.

Loss of life is a tragedy — made more difficult if it leads to financial insecurity. If a fatal car accident occurs because of another’s negligence, it is called wrongful death and the family is entitled to file a claim to recover monetary damages (Minnesota State Statute 573.02).

There are many guidelines that have to be strictly adhered to when filing a wrongful death claim. A trustee must be appointed by the courts, chosen to represent the spouse and blood relatives of the deceased. According to Minnesota State Statute, a wrongful death claim must be filed within 3 years of the death. It must also meet the criteria of being filed within 6 years from the accident. The court determines the proportionate pecuniary loss of those entitled to recover compensation and orders the monetary distribution accordingly.

Damages in wrongful death cases are limited to financial and emotional losses resulting from the death. Damages allowed include:

  • Funeral expenses
  • Burial expenses
  • Medical expenses
  • Potential earnings
  • Loss of advice, assistance, protection, counsel, and companionship

Damages disallowed:

  • emotional stress
  • pain and suffering

In the event your family has been impacted by a wrongful death, you do not have to bear the financial burden alone. Minnesota state law allows for you to recover your financial losses. You will need to retain an experienced Minnesota Wrongful Death Attorney to ensure that every aspect of your claim is in order. Call TSR Injury Law at 612-362-0000.


Minnesota Car Accident: Second Degree Burn

Monday, February 8th, 2010

mn-burn-injury-1 Minnesota Car Accident: Second Degree BurnThere are three layers of protection for tendons, muscle, and bones. The first layer of protection is the outer layer of skin, the epidermis. There are many layers of cells (50-150) in the epidermis. It is our main defense against injury and infection. The second layer of protection is the dermis. This layer gives skin elasticity. The final layer of defense is the fatty tissue. There are fat cells, hair follicles, and sweat glands in the fatty tissue layer.

When someone sustains a significant burn, the fluids in the body shift to the burned area. Fluid resuscitation is necessary in cases where the burned area is greater than 20% of the body. Fluid resuscitation is critical during the first 24 hours and is administered by IV.

Second degree burns go through most of the layers of the epidermis, damaging sweat glands and hair follicles and potentially reaching the topmost layer of dermis. Blisters form from the fluid that accumulates between the epidermis and the dermis, increasing the chance of infection. The redness and blistering is accompanied by intense pain because the nerves are damaged, not destroyed.

Because of the chance of infection, second degree burns should be examined by a medical professional. If the second degree burn is ivory or whitish in color, it will require debridement (scrubbing). Debridement exfoliates skin that is not receiving good blood circulation. This facilitates healing and lessens risk of infection. Skin grafts are usually required following debridement.

Once the burn area is thoroughly cleaned, compression garments will be used to minimize scar tissue. Compression garments must be worn for 6 months to 3 years, depending on how the burn is healing.

There can be many long-term complications from a second degree burn, including:

  • problems with sweating
  • dryness due to oil gland damage
  • severe eczema
  • premature wrinkles
  • mesh scar pattern

On top of the physical problems, many burn victims struggle with psychological and emotional problems. They may suffer from low self-esteem, cold sweats, or nightmares.

A burn injury is a very real, long-term complication. You should not have to bear the financial and emotional burden alone. With aggressive, ethical representation you may be able to obtain compensation for your medical expenses, wage loss, pain and suffering, and any disability. Call TSR Injury Law at 612-362-0000 for more information.


Minnesota Car Accident: Coup Contrecoup Injury

Sunday, February 7th, 2010

mn-neck-injury-1 Minnesota Car Accident: Coup Contrecoup Injury Coup and contrecoup injury can occur even in a relatively minor accident. If the head snaps, front to back or side to side, the brain will slam and recoil against the skull. The majority of head trauma hospitalizations are car accident related and classified as minor injuries; that is, no or only momentary loss of consciousness, no major complications, and no intracranial surgery.

A coup and contrecoup injury:

  • is defined as bruising at both the impact site and the opposite side of the brain
  • occurs when the force of the impact causes bruising at the impact site and further bruising on the opposite side of the skull
  • can occur individually or together
  • are considered a focal injury rather than a diffuse injury

Coup contrecoup is classified as a traumatic brain injury (TBI). In the United States, a traumatic brain injury occurs every 15 seconds and it is one of the leading causes of death for people under the age of 45. The long-term impact of a traumatic brain injury can range from full recovery to a life time of disability. A study by Rebecca Rimel, published by Neurosurgery, addressed disability issues associated with minor head injury. For the parameters of the study, minor head injury was defined as 20 minutes or less of unconsciousness, a Glasgow Coma Scale score of 13-15, and less than 48 hours of hospitalization. The statistics from the study are dramatic.

424 patients who sustained minor head trauma were evaluated 3 months after injury in the following areas:

  • history of events since the accident
  • assessment of subjective complaints
  • objective measures such as employment status
  • a neurological exam
  • a psychosocial assessment designed for estimating life stress
  • a neuropsychological test battery to measure higher cortical function

Of these 424 patients, 79% complained of persistent headaches, and 59% described problems with memory. Of the patients who had been gainfully employed before the accident, 34% were unemployed 3 months later. The most striking observation is the high rate of unemployment in patients 3 months after a seemingly insignificant head injury and the evidence that many of these patients may have, in fact, suffered organic brain damage. (Neurosurgery 9:221-228, 1981)

This study again shows that there is no such thing as a mild brain injury. When a person sustains a brain injury in a car accident, truck accident, motorcycle accident, bicycle accident, or pedestrian accident; their life is forever changed.

There is no way to put a price tag on a coup contrecoup injury. How do you assess value to change in personality, change in ability to concentrate, loss of drive, and permanent disability? It is disheartening to have an injury that total changes your life — and then have people label it as mild or negligible.

If your coup contrecoup injury is the result of an accident, that was not your fault, you do have legal recourse. Our Minnesota Traumatic Brain Injury Lawyers are experts in the area of coup contrecoup TBIs. We will fight for a generous and fair settlement for your injuries. Call 612-362-0000. See our video center for more information on traumatic brain injuries.


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.


Toyota Recall: Additional Recalls on Toyota Models

Thursday, January 21st, 2010

mn-toyota-recall Toyota Recall: Additional Recalls on Toyota ModelsDo you need assistance with your Toyota Car Accident? Contact a Toyota Recall Lawyer at 612-362-0000.

On January 21, 2010, Toyota announced it was initiating a voluntary recall on approximately 2.3 million Toyota model vehicles to correct sticking accelerator pedals. This action is separate from and in addition to the on-going recall of approximately 4.2 million Toyota and Lexus vehicles that have issues with the gas pedals getting trapped by the floor mats. Approximately 1.7 million Toyota vehicles are subject to BOTH recall actions.

Reason for Recall: When the accelerator pedal mechanism becomes worn it may become harder to depress, slower to return, or stuck in a partially depressed position. This could lead to motor vehicle accidents.

Models Recalled:

  • 2009-2010 RAV4
  • 2009-2010 Corolla
  • 2009-2010 Matrix
  • 2005-2010 Avalon
  • 2007-2010 Camry
  • 2010 Highlander
  • 2007-2010 Tundra
  • 2008-2010 Sequoia

This recall does not include any Lexus or Scion vehicles. It also does not include any of the following models: Prius, Tacoma, Sienna, Venza, Solara, Yaris, 4Runner, FJ Cruiser, Land Cruiser, and Camry hybrids.

Number of Incidents: Toyota is not reporting the number of incidents, merely saying “the condition is rare.”

Remedy: Toyota is working to prepare the correction remedy. In the meantime, should a driver experience an accelerator pedal that sticks in a partial open throttle position or returns slowly to idle position, the driver should apply firm and steady application of the brakes. The brakes should not be pumped repeatedly because it could deplete vacuum assist, requiring stronger brake pedal pressure. The vehicle should be driven to the nearest safe location, the engine shut off and a Toyota dealer contacted for assistance.

Additional Contact Information: Toyota owners who have questions or concerns should contact the Toyota Customer Experience Center at 1-800-331-4331.

This information is provided as a service of TSR Injury Law. If we can be of assistance in any way with a defective vehicle, call 612-362-0000. We can give you guidance and support if you have a car accident in a Toyota recalled vehicle or any other vehicle.


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