Posts Tagged ‘Negligence’


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, ethical 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 expertise, 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.


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Posted in Back Injuries, Car Accidents: Damages Issues, Car Accidents: Specific Injuries, Neck Injuries, Pain & Suffering, Property Damage, Traumatic Brain Injury, Wage Loss | No Comments »

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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Posted in Car Accidents: Liability Issues, Comparative Fault, Negligence | No Comments »

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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Posted in Car Accidents: Liability Issues, Negligence | No Comments »

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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Posted in Car Accidents: Liability Issues, Failure to Yield Right of Way, Negligence, Pain & Suffering, Property Damage, Wage Loss | No Comments »