Posts Tagged ‘Minnesota Car Accident’

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Minnesota Car Accident: What Does Fault Have to Do with It?

Saturday, December 5th, 2009

mn-law-books-1 Minnesota Car Accident: What Does Fault Have to Do with It?No fault insurance coverage pays for medical bills (up to the limits provided), replacement services, lost wages, retraining, and funeral expenses. You are covered whether you were at fault or not. You are covered by your no fault coverage no matter whose car you were in at the time you were hurt. The state of Minnesota enacted the no fault insurance to speed up the payment process. The court does not have to determine fault before the out-of-pocket expenses are paid by the insurance company. Sometimes it works.

If you want to make a claim for pain and suffering or disability, against the person who caused the accident, you will have to prove the other person’s fault was greater than your own. In many cases, that is not difficult — like most rear-end collisions. But in some cases, it is your word against their word about how the accident happened. In those cases, the judge or jury has to decide the degree of fault for each of the involved parties.

In every accident, the law says the fault of the involved parties has to add up to 100%. In a jury trial, the jury will determine the percentage of fault. Here is how it plays out:

The jury awards you $500,000 for an injury that left you with a limp. It was determined that you were without fault. You will receive $500,000.

A jury awards you $200,000 for your injuries, lost wages, and pain and suffering. Then the jury determines that you were 20% at fault. The amount of your settlement is reduced by 20%, making the total you actually receive $160,000.

If the jury determines your percentage of fault to exceed 50%, no matter how badly you were hurt, you receive nothing.

Nearly half of the time, legitimate requests for payment are denied by the insurance company. There are other instances where the injured person is not aware of the extent of coverage available; they do not request payment and the insurance company will not usually volunteer to pay.

The bottom line is that in any car accident with injuries, it is wise to contact a personal injury attorney to ensure that your rights are protected, that you receive the compensation you need and deserve, and to ensure that all available insurance will be accessed. Our attorneys have successfully represented and fought for clients in hundreds of car accident injury cases, resulting in many large settlements and verdicts. Contact one of our Minnesota Car Accident Attorneys at 612-362-0000.


Minnesota Car Accident: Whiplash or Soft Tissue Injury?

Friday, December 4th, 2009

neck-spine-1 Minnesota Car Accident: Whiplash or Soft Tissue Injury?Whiplash is an acceleration-deceleration neck injury most frequently incurred in a motor vehicle accident. It involves soft tissue injury and sometimes bone structure damage. The soft tissue includes ligaments, tendons, muscles, and nerves. Soft tissue injuries are seldom revealed through x-rays. An MRI is more effective for diagnosing these injuries and any instability in the neck and spine; but due to the expense, an MRI may not be requested by your doctor or authorized by your insurance company.

Whiplash is a descriptive term for the condition, but it has a negative connotation. Since whiplash is difficult to confirm through imaging, insurance adjusters minimize the long-term consequences of this injury. The insurance company is also very suspicious of malingering in cases of whiplash. So, in most cases, it is in your best interest to refer to your whiplash injury as a soft tissue injury.

The symptoms of a whiplash-type soft tissue injury include headaches, neck pain, shoulder pain, dizziness, fatigue, jaw pain, arm pain, and arm weakness. All of these symptoms can occur in a rear-end collison when the lower bones in the neck are hyperextended while the upper bones in the neck are hyperflexed. This forces the neck into an unnatural s-shape. The damage to the soft tissue can be more severe and take longer to heal if the blood flow to the area is impeded in any way.

If you sustain a soft tissue injury in a car accident, or any motor vehicle accident, you really need a personal injury attorney that not only has experience but is respected by insurance adjusters for their ability to present a compelling case. TSR Injury Law has attorneys who are excellent litigators. Our partners have been named Minnesota Super Lawyers over many years. They have a reputation for being aggressive and persuasive. Call us with any of your personal injury needs at 612-362-0000.


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 Car Accident: Traumatic Brain Injury (TBI)

Sunday, November 29th, 2009

mn-brain-injury-1 Minnesota Car Accident: Traumatic Brain Injury (TBI)It does not take much to cause a brain injury. Traumatic brain injuries can occur in relatively minor accidents — a collision involving speeds of only 15 miles per hour can exert forces 10 times that of gravity on the skull and brain.

How the Brain Can Be Injured
In a car accident, a TBI can occur when the head strikes the steering wheel or windshield. But did you know that you do not have to hit your head to incur a brain injury? When you are traveling at say 50 mph and crash, your brain goes from 50 mph to zero instantly. The brain is propelled into the skull bone, squishing the brain, and potentially tearing microfibers and damaging blood vessels — causing a brain injury without a head strike.

If the blood vessels tear, blood can flood the brain. The problem is that there is no space for the blood and it pushes on brain tissue. Brain tissue is delicate and can stop working properly or even die. If there is a large amount of bleeding in the brain, the pressure can lead to major complications. Areas that control breathing or heart rate can stop functioning. Within hours of the accident life can hang in the balance. You may not even realize it until it is too late.

Traumatic Brain Injury Statistics

  • Car crashes are responsible for 20% of the reported TBIs.
  • 5.3 million Americans (2% of the population) are currently living with long-term disabilities as a result of TBIs, requiring help to perform daily activities.
  • Medical costs and indirect costs of TBIs totaled nearly $60 billion in the United States in 2000.

A traumatic brain injury can cause a wide range of functional changes affecting thinking, sensation, speech, and/or emotions. The changes may be subtle. The symptoms may not appear for days or weeks following the injury. A TBI may even be missed because the victim may look fine even though they may act or feel differently. If you have recently been in a car accident, be alert for symptoms of traumatic brain injury. Ask friends and family members if they see signs of TBI, because very often it is not obvious to the victim. If in doubt, seek medical attention.

For more information on TBIs, check out our series of videos on Myths of Traumatic Brain Injuries or call 612-362-0000. TSR Injury Law is a leading personal injury law firm serving the state of Minnesota. Our partners are experts in handling traumatic brain injury cases.


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.


Minnesota Car Accident: Burn Injury

Monday, November 23rd, 2009

mn-burn-injury-1 Minnesota Car Accident: Burn InjuryEach year there are tens of thousands of burn injuries that happen in car accidents. Burns can be the result of direct contact with fire or a chemical or thermal burn from the airbag explosion.

Car accident fires can produce intense heat. If a fuel line or gas tank ruptures and catches fire, the core of the fire can be as hot as 1650°F. The pressure from the heat can cause parts of the car to explode, sending flames and hot metal toward onlookers.

Burn injuries are among the most painful the body can suffer—and severe burn injuries, such as third degree burns, can be fatal. A burn victim can suffer severe psychological trauma because of chronic pain, scarring, and disfigurement. The amount of pain depends on the extent of nerve damage.

Burns are classified according to the extent of tissue damage. Depending on the degree of the burn, the damage can include the epidermis, dermis, blood vessels, tendons, muscles, and bones. First degree burns are superficial, affecting just the epidermis. The top layer of skin is red and may be painful for a few days. The skin may even peel, but there is no blistering. A second degree burn goes through all of the layers of the epidermis and may reach the top layer of dermis. There is blistering, which inceases the possibility of infection. In a third degree burn, all of the skin is destroyed and the burn gets into the fatty tissue, tendons, ligaments, muscles, and even the bone. With third degree burns, there is a very real danger of extensive, life-threatening infection and shock.

Serious burn injuries usually cause significant scarring, and sometimes permanent disfigurement. There are new methods of plastic surgery that have improved patient outcomes, but the scars can never be totally eradicated. The victims are left to face a lifetime of disfigurement and disability.

If you have suffered a burn injury in a car accident that was not your fault, you deserve fair compensation. You need to retain an expert — one that has successfully handled burn injuries. Here is an example of the effectiveness of our representation:

Joe was seriously burned in a workplace accident while he was installing a loading dock door. Joe retained a personal injury firm, but fired them when they failed to get anything done. It was at this point that Joe learned for the first time that the insurance company had made an offer to settle his case in the amount of $25,000.

Joe then hired TSR Injury Law and Partner Chuck Slane took over the case. He had to recreate the file and investigate the accident several years after it had taken place. During the course of that investigation it was discovered that the defendant had violated numerous OSHA rules which led to Joe’s injuries. The insurance company raised their offer to $100,000. That offer was rejected and the case was tried to a jury which found the Defendant 100% responsible for the accident and gave a verdict in the amount of $1.9 million.

Contact our Minnesota Car Accident Lawyers at 612-362-0000. We will fight for your rights. You may be able to obtain compensation for medical expenses, lost wages, loss of potential earning ability, pain and suffering, and disfigurement.


Minnesota Car Accident Lawyer & Attorney

Monday, November 23rd, 2009

mn-car-crash-1 Minnesota Car Accident Lawyer & AttorneyIf you have been in a car accident, you need to report the accident immediately to police and your insurance company and then contact a personal injury lawyer. You need an attorney with the ability to fight back against the insurance companies.

The insurance companies will attempt to delay, deny, or fight your claim. Their strategy is to make you look like you are making claims to defraud. You need guidance to protect yourself against their strategies. Time is of the essence. Evidence needs to be preserved and eyewitnesses interviewed.

“If you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur — even if the accident was no fault of your own.

That’s what CNN discovered in an 18-month investigation into minor-impact soft-tissue injury crashes around the country. Those are accidents in which there is little damage to the vehicle and the injuries to people are not easy to see by the naked eye or conventional medical tools like X-rays.

Since the mid-1990s, most of the major insurance companies — led by the two largest, Allstate and State Farm — have adopted a tough take-it-or-leave-it strategy when dealing with such cases.”

~By Drew Griffin and Kathleen Johnston, CNN

Our attorneys have successfully represented thousands of clients against insurance companies that have tried to play hardball.

What we offer:

  • Consultations are free.
  • We put the personal in personal injury law. We give time and personal attention to each client. You are able to contact your attorney directly.
  • Our attorneys are highly respected for their expertise in litigation and personal injury law and they are frequent lecturers on topics regarding litigation in the personal injury arena.
  • We help our clients with paperwork, bills, wage claims, property damage issues, doctor meetings, and dealing with the insurance companies.
  • We retain highly qualified investigators and accident reconstruction specialists. They will be working on your case immediately.
  • We work on a contingency fee basis. No matter how complex the case or how much time has been involved, you pay nothing until we recover money for you.

Have you been injured in a car accident? Contact a Minnesota car accident lawyer with TSR Injury Law at 612-362-0000. Our attorneys have years of experience. They will fight to obtain the compensation you deserve. We offer free consultations. Let us ease your mind and lighten your load.


Minnesota Car Accident: Herniated Disc

Sunday, November 22nd, 2009

mn-herniated-disc-1 Minnesota Car Accident: Herniated DiscHerniated disc injuries often occur in car accidents, but they are rarely diagnosed in the emergency room because they do not show up on x-rays. A disc can push out into the spinal canal and press against spinal nerves. When this happens it can produce severe neck, arm, back, leg, and / or foot pain. If you have had a car accident and are experiencing sharp pain in your neck, arm, back, leg, or foot, you should see a doctor immediately.

The spinal discs are liquid-filled, donut-shaped cushions. If too much pressure is put on a disc, it can rupture and lose fluid. When the disc loses too much of the fluid, it loses its cushioning capabilities and the spine is compressed at that point. If the disc is irritated and damaged, it can swell and push out into the canal and damage the nerve.

After seeing a doctor, you should contact a Minnesota Car Accident Lawyer. A back injury that leads to a herniated disc can be a long-term problem. Lifelong injuries can lead to chronic pain, depression, and ultimately extensive medical bills. Seek legal advice before it is too late. An experienced lawyer will be able to determine how much compensation you should receive to cover not only your current losses but also all of your future medical expenses.

If you suspect you have sustained a herniated disc in a car accident that was not your fault, call TSR Injury Law at 612-362-0000 or contact us online. Our partners have years of experience fighting for compensation for victims. We will fight for you.


Minnesota Liability Insurance

Friday, November 20th, 2009

mn-liability-insurance-1 Minnesota Liability InsuranceIn Minnesota, all drivers are required to maintain a minimum level of liability insurance in order to operate a vehicle. Liability coverage is to cover costs if you are responsible for the accident. The minimum amount by law is 30/60. That means the maximum the insurance company will cover will be $30,000 per person with a max of $60,000 per accident / incident.

Most people do have at least the minimum coverage of 30/60 and many have even more coverage. If you can afford it, more coverage is recommended. The minimum coverage will probably not cover all of your medical bills if you are at fault in a serious accident, especially if you have any passengers in the car.

If you have questions about insurance, as it relates to your car accident, contact a Minnesota Car Accident Lawyer at 612-362-0000. We can help. If your car accident losses surpassed your coverage, call one of our experienced attorneys. We may be able to access other policies to help with coverage.


Minnesota Cell Phone Usage – Driving While Texting – DWT

Friday, November 20th, 2009

mn-driving-while-texting-1 Minnesota Cell Phone Usage - Driving While Texting - DWTIt is indisputable that cell phones, PDAs, and iPods have led to distracted drivers on the road nationwide. There have been many serious accidents caused by drivers who were driving while texting (DWT):

  • In San Antonio, a public transit bus driver was sending a text message and crashed his 12-ton vehicle into the back of a stopped SUV.
  • The driver of a semi truck revealed he was texting just prior to slamming into a school bus in Florida. One student passenger was killed.
  • A Boston trolley conductor admitted he was texting his girlfriend and did not see the red light. His trolley rear-ended another trolley, injuring 49.
  • In California, a commuter train engineer sent a text message 22 seconds before the train crashed, 25 people were killed and 135 injured. The train failed to stop at a red signal.
  • In Rochester (NY), five teenaged girls were killed in a fiery head-on collision. Local officials said it was due to text messaging.

In the summer of 2008, the Minnesota law banning text messaging went into effect. It is one of the strictest text messaging laws in the country. The law states that:

169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.
Subdivision 1. Definition. For purposes of this section, “electronic message” means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.

Subdivision 2. Prohibition on use. No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.

Subdivision 3. Exceptions. This section does not apply if a wireless communications device is used:

  • 1. solely in a voice-activated or other hands-free mode;
  • 2. for making a cellular phone call;
  • 3. for obtaining emergency assistance to:
    • (i) report a traffic accident, medical emergency, or serious traffic hazard, or
    • (ii) prevent a crime about to be committed;
  • 4. in the reasonable belief that a person’s life or safety is in immediate danger; or
  • 5. in an authorized emergency vehicle while in the performance of official duties.

This is a primary offense law, meaning that you can be stopped if you are observed violating the law. The state is not sure how easy enforcement will be. They hope simply by having the law many responsible citizens will refrain from texting while driving. The state is allowing each city to decide on the amount of the fine, up to $300.

Have you been in a car accident where you think the at-fault party was texting? Contact a Minnesota Car Accident Lawyer at 612-362-0000. It is vital to subpoena phone records and interview witnesses. We will aggressively pursue all angles of your case.


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