Minnesota Personal Injury Lawyers, Attorneys - TSR Time Injury Law » truck accident

Texting and Driving

Matt Peschong — Sun, 30 Aug 2009 02:28:58 +0000

Cell phones are an integral part of our lives. In fact, some statistics show that there are more cell phone subscribers than registered vehicles. The urgent question is, How dangerous and deadly is it to operate the two at the same time? Many studies are starting to show that dialing and texting are the most dangerous activities to do while driving, leading to more accidents than even drunk driving. Nineteen states, including Minnesota, have banned text messaging for all drivers.

A study was conducted at Virginia Tech between 2005 and 2007. The study monitored 203 drivers, as they covered about 3 million miles of real driving. The trucks were fitted with video cameras that focused on the drivers’ faces in the six seconds prior to and during a crash or crash avoidance maneuver. The video revealed texting to be the most high-risk behavior, mainly because their eyes were off the road for nearly 5 seconds while texting. In that amount of time, a truck traveling at 55 mph can cover the length of a football field. These texting drivers were 23 times more likely to have a collision than non-texting drivers.

Dangers of Texting and Driving

Statistics are starting to support the need for legislation to ban texting while driving. The three most prominent studies on driving while texting are:

Here are some national examples of accidents caused by texting and driving:

In April, 2009, the driver of a semi truck revealed he was texting just prior to slamming into a school bus in Florida, killing one student passenger.
A Boston public transit conductor said texting kept him from seeing a red light. His trolley rear-ended another trolley, injuring 49.
On September 12, 2008, the operator of a California commuter train 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.
The evening of June 26, 2007, five teenage girls were killed in a fiery head-on collision in Rochester, New York. Local officials said it was due to text messaging.

Recommendations on Texting and Driving

Virginia Tech came up with these recommendations based on findings from their research study performed from 2005 – 2007:

Driving is a visual task and non-driving activities that draw the driver’s eyes away from the roadway, such as texting and dialing, should always be avoided.

Texting should be banned in moving vehicles for all drivers. As shown in findings overview, this cell phone task has the potential to create a true crash epidemic if texting-type tasks continue to grow in popularity and as the generation of frequent text message senders reach driving age in large numbers.

Headset cell phone use is not substantially safer than hand-held use because the primary risk is associated with both tasks is answering, dialing, and other tasks that require your eyes to be off the road. In contrast, true hands-free phone use, such as voice activated systems, are less risky if they are designed well enough so the driver does not have to take their eyes off the road often or for long periods.

All cell phone use should be banned for newly licensed teen drivers. Our research has shown that teens tend to engage in cell phone tasks much more frequently — and in much more risky situations — than adults. Thus, our studies indicate that teens are four times more likely to get into a related crash or near-crash event than their adult counterparts.

~ BLACKSBURG, Va., July 29, 2009

Teen Drivers and Texting

Students Against Destructive Decisions (SADD) spearheaded a seven year study of teen driving behaviors. The study showed 4 main things that distracted them from their driving:

texting while driving
emotional state of mind
having friends in the car
talking on the phone

Parents and teens need to discuss driving and texting issues because, despite the risks, teens tend to ignore the restrictions. Some ideas to help guide the conversation:

know the state laws — Minnesota does not allow for teens under 18 to talk while driving and no driver is allowed to text while driving
talk about the responsibility of a driver and set family rules — have and enforce appropriate punishment for breaking the rules
actions speak louder than words — parents need to follow the rules, too
consider signing a teen driving contract — SADD provides a Contract for Life at www.sadd.org/contract.htm

This information is provided as a service of TSR Injury Law. Our attorneys are consistently named Super Lawyers by their peers and Chuck Slane has been voted one of the 2009 Minnesota Top 40 Personal Injury Lawyers. Our attorneys have years of experience with car accidents, truck accidents, motorcycle accidents, and bicycle accidents. We have represented thousands and secured millions in compensation for our clients. Call 612-362-0000 or submit our free case consultation form on the top, right of this page.

Minnesota Personal Injury Lawyer: Bodily Injury Claim

Matt Peschong — Wed, 05 Aug 2009 02:44:27 +0000

A bodily injury claim is basically the same as a personal injury claim. Personal injury law is the area of civil law focused on obtaining compensation for personal injury resulting from the negligence of another party. A personal injury attorney will initially attempt to negotiate a settlement with the opposing party or their insurance company. If a settlement cannot be agreed upon, and if the attorney believes the case to be strong, the case may proceed to trial.

Minnesota liability laws have established the basic duty of all drivers is the duty of ordinary or reasonable care. The essential question asked is “What would a reasonable driver do under similar circumstances?” The driver’s negligence must be the cause of the injuries sustained.

The other essential element an injured party must show is that they have reached the tort threshold. The Minnesota Motor Vehicle Liability Law has established that in order to bring a claim, one of the five tort thresholds must be reached by the plaintiff:

a permanent disability has resulted from the car accident, truck accident, or motorcycle accident
a permanent disfigurement has resulted from the motor vehicle accident
wrongful death has occurred from the crash
the motor vehicle accident has resulted in more than sixty (60) days of lost work
cost of the medical and chiropractic treatment is in excess of $4,000.00 (not including diagnostic x-rays or MRI’s)

In addition to working with the no-fault insurance company, most cases will have a different insurance company on the bodily injury side. In order for an injured party to bring a claim against the bodily injury insurer, the injured party must prove three elements:

that another person was more negligent than the victim in causing the accident (more than 51%)
that the tort threshold has been reached
the claim must be brought within the statute of limitations

The amount of a settlement in a personal injury case depends on many factors, including:

the type of injury
the severity of the injury
the amount of economic damages (lost wages, medical bills, etc.)
the duration of the injury

People who have suffered bodily injury in an accident, due to negligence, may be entitled to recover monetary damages for all losses and expenses associated with the accident. Those damages may include recovery for:

past and future medical bills
past and future lost wages
pain and suffering
physical disability
mental disability
disfigurement and permanent scars
emotional trauma / distress
loss of enjoyment of life
loss of love and affection
humiliation
property damage
out of pocket expenses (transportation costs, needed medical equipment, etc.)

This information is provided as a service by TSR Injury Law. If you think you meet the requirements for a bodily injury claim, call a Minnesota Bodily Injury Claim Lawyer, at 612-362-0000, to discuss your case or submit our free consultation form.

Minnesota Personal Injury Lawyer: Spinal Injury

Matt Peschong — Sat, 27 Jun 2009 16:48:15 +0000

Spinal cord injuries usually begin with a blow that fractures or dislocates the vertebrae, the bone discs that make up your spine. Most injuries do not sever the spinal cord. Instead, the blow will displace bone fragments and disc material, bruise ligaments, tear into cord tissue, or press down on the nerve parts that carry signals. This compression of the nerve can crush and destroy axons, extensions of the nerve cells that carry the signals up and down the spinal cord between the brain and the entire body. In a complete spinal cord injury, the cord cannot relay messages below the level of the injury. As a result, there is paralysis below the level of injury. In an incomplete injury, there is some movement and sensation below the injury.

Categories of Spinal Injury:

Spinal Cord Injury Treatment

A spinal cord injury is a medical emergency. Immediate treatment can reduce long-term effects. The emergency care for spinal injuries has improved significantly. Emergency rooms now aggressive treat and rehabilitate patients with spinal cord injuries. They are able to minimize the damage to the nervous system with use of the steroid drug methylprednisolone; given within the first 8 hours after injury it reduces damage to the nerves. In some cases, this aggressive treatment will even restore limited abilities.

If respiratory complications are included, that usually means a more severe and long-term debilitating injury. Approximately one-third of neck-area spinal cord injury victims will need help with breathing which will require respiratory support.

Eventually treatment will include rehabilitation therapy. The rehabilitation program will combine physical therapy, skill-building activities, and counseling for social and emotional issues.

Spinal Cord Injury Prognosis

Victims sustaining incomplete spinal cord injuries, where the spinal cord is still able to convey messages to and from the brain, will retain some motor and / or sensory functions below the injury. The amount of function will be determined by the amount of damage and how regularly and aggressively physical therapy is performed.

A complete spinal cord injury means that there is a total lack of sensory and motor function below the point of injury. This will usually mean many more medical complications. The complications may include:

chronic pain
bladder dysfunction
bowel dysfunction
respiratory problems
heart problems

These chronic conditions need to be handled and monitored on a daily basis to optimize the degree of recovery.

This information is provided as a service of TSR Injury Law. Our Minnesota Spinal Injury Attorneys are skilled, aggressive litigators with years of experience with cases involving spinal injuries from car accidents, motorcycle accidents, truck accidents, or pedestrian accidents. Call 612-362-0000 or submit our free consultation form.

MN Personal Injury Lawyer: Semi Truck Accident Attorney

Matt Peschong — Fri, 12 Jun 2009 21:47:40 +0000

Semi trucks are the most dangerous vehicles on the road. Semi Truck Accidents are on the rise and the costs associated with these accidents are astronomical. It is vital to have expert legal representation to secure the compensation necessary to cover your current and future expenses. At TSR Injury Law, we know what needs to be done and we will do it. Our partners have a stellar reputation and are consistently voted Supers Lawyers by their peers. Steve Terry, Chuck Slane, and Rich Ruohonen have represented thousands of people and have secured millions in compensation. Call 612-362-0000 or submit our free consultation form.

Semi Truck Regulations

Minnesota Semi Truck drivers are governed by special laws and codes. The drivers are:

subject to length of work day restrictions by the Federal Motor Carrier Safety Administration
must possess a Class A driver’s license
subject to random drug and alcohol testing
subject to background checks
must keep a log book of daily inspection checks

Both the driver and the owner of the truck / trailer may be liable for damages that result from a Minnesota Semi Truck Accident. Many of the semi truck accidents are caused by:

vehicle limitations associated with acceleration, braking, visibility
the drivers’ lack of training, ignorance, or carelessness
poor weather conditions (rain, snow, sleet, fog, crosswinds, etc)
unsafe passing
poor maintenance
driver fatigue
improperly secured load (allows for falling debris)

Types of Truck Accident Cases We Handle

Contact a Semi Truck Accident Lawyer

Semi Truck Accident Lawyers, of TSR Injury Law, know the laws and regulations pertaining to semi truck accidents. We will take immediate steps to secure the information necessary to win adequate compensation for you. You may contact us at 612-362-0000 or submit our consultation form.

This information is provided by TSR Injury Law. Our attorneys are consistently named Super Lawyers by their peers and Chuck Slane has been voted one of the 2008 Minnesota Top 40 Personal Injury Lawyers. Our attorneys have years of experience with personal injury cases, have a stellar reputation, and have secured millions in compensation for our clients.

MN Personal Injury Lawyer: Truck Accident Injury Lawyer

Matt Peschong — Fri, 12 Jun 2009 20:21:50 +0000

Since the large truck accident, you are struggling to make it through each day. The phone calls never stop and the paperwork never ends. You are angry, hurting, and overwhelmed. You need moral support and legal advice. Truck Accident Lawyers of TSR Injury Law will help. They are skilled, aggressive personal injury lawyers with years of experience in Truck Accidents and they are consistently named Super Lawyers by Law & Politics magazine and their peers. Call 612-362-0000 or submit our free consultation form. They will:

Talk with you for as long as necessary
Listen to your story to fully understand what you need
Arrange additional medical care as needed
Handle the insurance companies
Investigate and dig to find all of the relevant information on the accident and parties involved (driver’s logs, inspection reports, compliance audits)
File social security forms, as well as state and federal forms

We will take care of you because we care about individuals, families, and justice.

Truck Accident Statute of Limitations

The Minnesota statute of limitations for a truck accident lawsuit is six years. But, don’t delay. It is important to act quickly after the accident. Evidence needs to be obtained. Witnesses need to be interviewed while the event is fresh in their minds. Photos need to be taken, before everything is cleaned up and repaired.

Truck Accident Statistics

Average semi-truck weighs 50,000-80,000 pounds
They are 65-75 feet long
More than 1300 large truck accidents each year in Minnesota
Nearly 100 deaths and nearly 2000 injuries annually, in Minnesota, from semi-truck accidents
3-5% of the registered vehicles on the road, but responsible for at least 25% of the deaths

Statistics do not begin to tell the stories of shattered lives from large truck accidents. Even a low impact truck accident can lead to serious injury or death. The emotional damage, from a truck accident, can linger for years.

Types of Truck Accident Cases We Handle

Contact a Minnesota Truck Accident Attorney

Our Minnesota Truck Accident Attorneys are available 24 hours a day to help you navigate the legal system and secure the compensation you need and deserve. Our partners are expert litigators with extensive experience in wrongful death cases and truck accident cases and an excellent track record of recoveries.