Posts Tagged ‘Minnesota Car Collision’

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Minnesota Car Accident: Speeding

Sunday, January 3rd, 2010

mn-car-crash-1 Minnesota Car Accident: SpeedingIn 2009, speed was a contributing factor in 28% of Minnesota’s fatal crashes, and about 20% of crashes on rural two-lane roads were fatal. Many of those car accidents were due to passing maneuvers. If you have suffered injury in an accident where the offender was using excessive speed, you may be able to obtain compensation for:

  • medical expenses
  • lost wages
  • pain and suffering
  • other damages

It is written into Minnesota state law that drivers are to use duty of care when operating a motor vehicle — that includes obeying the speed limit. Our firm will investigate the accident to establish fault. We will then use those facts to prove liability. Our attorneys have decades of combined experience handling car accident cases — with excellent results, including a recent car accident settlement for $400,000.

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

The Minnesota State Statute dealing with duty of care and speed limits is 169.14. It is as follows:

Subdivision 1. Duty to Drive with Due Care

No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions. Every driver is responsible for becoming and remaining aware of the actual and potential hazards then existing on the highway and must use due care in operating a vehicle. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

Subdivision 2. Speed Limits

Where no special hazard exists the following speeds shall be lawful, but any speeds in excess of such limits shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful; except that the speed limit within any municipality shall be a maximum limit and any speed in excess thereof shall be unlawful:

(1) 30 miles per hour in an urban district;

(2) 65 miles per hour on noninterstate expressways, as defined in section 160.02, subdivision 18b, and noninterstate freeways, as defined in section 160.02, subdivision 19;

(3) 55 miles per hour in locations other than those specified in this section;

(4) 70 miles per hour on interstate highways outside the limits of any urbanized area with a population of greater than 50,000 as defined by order of the commissioner of transportation;

(5) 65 miles per hour on interstate highways inside the limits of any urbanized area with a population of greater than 50,000 as defined by order of the commissioner of transportation;

(6) 10 miles per hour in alleys;

(7) 25 miles per hour in residential roadways if adopted by the road authority having jurisdiction over the residential roadway (signage is required); and

(8) 35 miles per hour in a rural residential district if adopted by the road authority having jurisdiction over the rural residential district (signage is required).

Subdivision 3. Reduced Speed Required

The driver of any vehicle shall, consistent with the requirements, drive at an appropriate reduced speed when:

  • approaching or passing an authorized emergency vehicle stopped with emergency lights flashing on any street or highway
  • approaching and crossing an intersection or railway grade crossing
  • approaching and going around a curve
  • approaching a hill crest
  • traveling upon any narrow or winding roadway
  • when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions

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.


General Motors Recall: 2005-2007 Chevrolet Corvettes

Thursday, December 31st, 2009

corvette-1 General Motors Recall: 2005-2007 Chevrolet CorvettesGeneral Motors issued at recall December 18, 2009 on certain models of Corvettes equipped with a removable roof due to adhesive failure between roof panel and the frame. If the roof flies off while being driven down the road, it could strike a vehicle following and cause personal injury or property damage. This recall may involve more than 22,000 vehicles.

Models Recalled: Chevrolet Corvette 2005-2007 and Chevrolet Corvette Z06 2005-2006

Symptoms of Defective Roof: The driver may notice a snapping noise when driving over bumps, wind noise, poor roof panel fit, roof panel movement when a door is closed, or water leakage.

Remedy: Dealers will be equipped to install a newly designed roof panel, free of charge, in January 2010. Owners may contact Chevrolet at 1-800-630-2438 or at www.gmownercenter.com.

Recall Number: 090230

Additional Contact Information: You may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline, 1-888-327-4236 (TYY 1-800-424-9153) or visit www.safercar.gov.

This information is provided as a service of TSR Injury Law, a leading personal injury law firm serving the state of Minnesota. Call 612-362-0000 for help with your Minnesota car accident.


General Motors Recall: 2010 Chevrolet Equinox & Terrain

Thursday, December 31st, 2009

sport-utility-vehicle-1 General Motors Recall: 2010 Chevrolet Equinox & TerrainGeneral Motors issued a recall December 18, 2009 on 2010 models of Chevrolet Equinox and GMC Terrain vehicles for failing to comply with the federal safety requirements that deal with the windshield defrosting and defogging systems and the controls and displays systems. The software is defective and may lead to the heating, A/C, defrost, radio controls, and panel illumination to become inoperative. Driving without a functioning defrost system can reduce visibility and lead to a car accident. This recall involves more than 59,000 vehicles.

Models Recalled: Chevrolet Equinox 2010 and Chevrolet Terrain 2010

Remedy: Dealers will be equipped to replace the computer module in the center instrument panel free of charge starting in January 2010. Owners may contact Chevrolet at 1-800-630-2438 or at www.gmownercenter.com.

Recall Number: 090298

Additional Contact Information: You may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline, 1-888-327-4236 (TYY 1-800-424-9153) or visit www.safercar.gov.

This information is a service of TSR Injury Law, a leading personal injury law firm serving the Twin Cities and the state of Minnesota. You may reach one of our skilled litigators by calling 612-362-0000.


Volkswagen of America Recall: 2009 Audi Q5

Thursday, December 31st, 2009

mini-cooper-1 Volkswagen of America Recall: 2009 Audi Q5Volkswagen issued a recall December 14, 2009 on the 2009 Audi Q5 manufactured between November 25, 2008 and June 4, 2009. A piece of pillar trim may not have been manufactured correctly, allowing the trim to become loose when the sideguard head protection airbags deploy in a crash. If the trim dislodges when the airbag deploys, it could injure the front seat occupants. This recall involves more than 6,000 vehicles.

Models Recalled: Audi Q5 2009

Remedy: Volkswagen dealers will inspect the pillar trim and if necessary replace it free of charge. The new trim pieces will be available in January 2010. Owners may contact Audi at 1-800-253-2834.

Recall Number: 70D4/J6

Additional Contact Information: You may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline, 1-888-327-4236 (TYY 1-800-424-9153) or visit www.safercar.gov.

This information has been provided as a service of TSR Injury Law, a personal injury law firm serving the Twin Cities of Minneapolis and St. Paul as well as the entire state of Minnesota. To contact one of our experienced car accident lawyers call 612-362-0000.


Volvo Cars of N.A. LLC Recall: Many 2001-2005 Volvo Models

Thursday, December 31st, 2009

volvo-interior-1 Volvo Cars of N.A. LLC Recall: Many 2001-2005 Volvo ModelsVolvo issued a recall December 17, 2009 on certain models of Volvos equipped with a defective fuel pump flange. If the flange cracks, it could lead to a fuel leak and be a fire hazard. The recall is for vehicles sold or registered in Alabama, Arizona, Arkansas, California, Florida, Georgia, Hawaii, Kentucky, Louisiana, Mississippi, Nevada, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, and the United States Territories. The hot climate and temperature cycling over time, have resulted in cracked flanges. This recall involves more than 130,000 vehicles.

Models Recalled:

  • 2001-2005 S80
  • 2001-2004 V70
  • 2001-2004 S60
  • 2001-2004 XC70
  • 2003-2005 XC90

Remedy: Dealers will inspect the fuel system and install a modified design of the fuel pump, if necessary, free of charge. The recall begins January 2010. Owners may contact Volvo at 1-800-458-1552.

Recall Number: 09V483000

Additional Contact Information: You may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline, 1-888-327-4236 (TYY 1-800-424-9153) or visit www.safercar.gov.

This information is provided as a service of TSR Injury Law, a personal injury law firm serving the Twin Cities and the state of Minnesota. To speak with a Minnesota Car Accident Lawyer, call 612-362-0000.


Volvo Cars of N.A. LLC. Recall: 2010 Volvo XC60

Wednesday, December 30th, 2009

volvo-interior-1 Volvo Cars of N.A. LLC. Recall: 2010 Volvo XC60Volvo Cars of North America issued a recall December 9, 2009 on 2010 Volvo XC60s due to problems with the fuel lines. The fuel line rail cover that should protect the fuel lines under the vehicle from road debris and rust, may be incorrectly installed exposing the fuel lines to damage. If the fuel lines get damaged, fuel may lead and potentially cause a fire. This recall involves more than 5,200 vehicles.

Models Recalled: Volvo XC60 2010

Remedy: Dealers will inspect the fuel line rail cover installation and reinstall properly, if necessary, free of charge, starting in January 2010. Owners may contact Volvo at 1-800-458-1552.

Recall Number: 09V477000

Additional Contact Information: You may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline, 1-888-327-4236 (TYY 1-800-424-9153) or visit www.safercar.gov.

This information is provided as a service of TSR Injury Law, a premier personal injury law firm serving the state of Minnesota. Call 612-362-0000 to speak to an experienced car accident lawyer.


BMW of North America, LLC Recall: 2010 Mini Cooper & Mini Cooper S

Wednesday, December 30th, 2009

mini-cooper-1 BMW of North America, LLC Recall: 2010 Mini Cooper & Mini Cooper SBMW of North America issued a recall December 4, 2009 on certain models of Mini Coopers for failing to comply with the requirements of the federal safety standard that outlines tire and rim standards. The affected Mini Coopers were equipped with 17″ wheels, but were mislabeled as having 16″ wheels. The label also gave the incorrect tire pressure requirement. This could lead to improper tire fitment and inflation, which could cause instability of the vehicle and the danger of a crash. This recall involves approximately 200 vehicles.

Models Recalled: Mini Cooper 2010 and Mini Cooper S 2010

Remedy: Go to your dealer and receive a new label or contact BMW at 1-800-831-1117.

Recall Number: 09V474000

Additional Contact Information: You may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline, 1-888-327-4236 (TYY 1-800-424-9153) or visit www.safercar.gov.

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


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.


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