According to the Minnesota State Patrol, a local car dealer was killed when a vehicle turned in front of his motorcycle. The accident occurred at around 2:00 p.m. The man, 60, was reportedly heading west on a 2007 Harley-Davidson when a 19-year-old woman driving a 2011 Hyundai Sonata turned into his path. He crashed into the car. He was taken to the hospital where he later died. Troopers said the man was not wearing a helmet, but under Minnesota law, he was not required to. The man owned or part-owned several dealerships. The driver of the Hyundai was not hurt. No alcohol was involved and the case is still being investigated with possible charges pending.
An auto accident, especially one with a fatality, can have long-ranging consequences to the person who was hurt and his or her family. It is often a belief on the part of the family that the insurance company will cover the losses in a fair way. That, however, is not always the truth.
There are various rules with no-fault insurance that must be understood and might make it necessary to file a lawsuit to get a reasonable amount to cover the losses. Having legal assistance with the case, its investigation, the rules for insurance payments and more could be key to a case.
Source: echopress.com, "Well-known northern Minnesota car dealer dies in motorcycle crash," Aug. 30, 2017
]]>In total by the above date, there were 203 fatalities in these accidents. That is a reduction by 23 from the same time in 2016 when the 200th person was killed on July 25. When categorizing the accidents, there have been 144 people who died in motor vehicle accidents; 32 were motorcyclists; 20 were pedestrians; one was a bicyclist; and six were in other kinds of vehicles.
In 52 of the deaths, alcohol was said to have been a factor. Speed was referenced in 48. Forty-one people were reported not to have had their seat belts on. Seven had distracted driving as a factor. As for gender, 27 percent of those killed were women while 73 percent were men. Overall in 2016, there were 392 fatalities on the road.
Since there are still slightly more than four months remaining in 2017, there will unfortunately be other fatal crashes on state roadways. Those who are involved in an auto accidents must make certain that there is a full accident investigation to determine how and why it occurred. This is true whether there is moderate injury, serious injury or a fatality. These types of incidents can have a significant influence on a person's financial, emotional and physical life. A legal filing may be able to account for these matters. Discussing a case with an attorney who is experienced in car accidents is an option.
Source: Star Tribune, "Traffic deaths in Minnesota surpass 200 for the year," Tim Harlow, Aug. 9, 2017
]]>Trains are prevalent in Minnesota both as a method of carting goods and for passengers to get back and forth within the state and outside the state. There is an inherent level of trust that passengers have with its operators and the companies that employ them that health will not be an issue that compromises safety. However, regulatory agencies must have rules to mandate this, and a proposed rule that would have left companies employing train engineers and truckers responsible for testing drivers for sleep apnea has been scrapped by the presidential administration of Donald J. Trump. This can be a concern for people who are close to or are passengers on these trains.
Both the Federal Railroad Administration and the Federal Motor Carrier Safety Administration will not regulate that drivers be tested for this disorder. Sleep apnea was referenced as an issue in train accidents on the east coast and for highway accidents. Individual companies will determine whether this testing should be done, rather than by federal requirement. One railroad that does test employees discovered that nearly 12 percent have sleep apnea.
In late 2016, the FRA stated that railroads should begin testing workers for sleep apnea. This was while the rule to require it was under consideration. With sleep apnea, overnight sleep is interrupted as the person's airway closes and restricts breathing. The lack of restful sleep can lead to drowsiness during the day. The National Transportation Safety Board says that over the past 17 years, this issue is believed to have led to 10 accidents on the highways and railroads. The NTSB recommended testing for engineers after a 2013 accident was found to have been caused by sleep apnea. Amtrak requires engineers to have this test, but other companies do not.
For people who are either workers or passengers on a railroad and suffer injuries as a victim of a train accident, there can be catastrophic injuries and fatalities. Fatigued railroad workers are a known cause in many of these accidents, and passengers and others who have been affected must understand how to determine if this was the case in their situation. Since railroad regulations do not always test for sleep apnea, after train accidents it is important to know whether this was a cause. Speaking to a legal professional experienced in pursuing compensation after train crashes may prove to be helpful.
Source: CBS News, "Feds scrapping sleep apnea testing plan for truckers, train engineers," Aug. 8, 2017
]]>Minnesota has a "no-fault" system of insurance. If a person is injured in a crash, the insurance is called personal injury protection to shield the policy holder from certain costs. With no-fault insurance, the company will pay for medical costs, for lost wages and to repair or replace the car. It is irrelevant who was at fault in the crash. To make a claim against another driver who was negligent, there are thresholds that must be met. The thresholds are the following: The injured party's medical costs must surpass $4,000, or the injuries must be permanent or disfiguring, or the person must be suffering from a disability due to the accident for a minimum of 60 days.
There is also "shared fault." If a person has an accident and is found to be partially at fault, the state has modified comparative negligence. This means that if it is determined that the person is 20 percent responsible for the accident and the other party is 80 percent responsible, 20 percent will be deducted from the damages. The person will subsequently collect 80 percent of what was lost. This rule applies provided the fault is equal or less than that of the other person.
Insurance issues can be confusing, especially when a person is reeling after having been in a car accident. Thinking about whether the insurance policy is sufficient to cover costs or if the accident was with an uninsured motorist can add unnecessary worry to a situation. Having legal assistance from an attorney who is experienced in underinsured/uninsured motorist accidents can be beneficial in these circumstances for peace of mind and help. The car accident lawyers of [nap_names id="FIRM-NAME-1"] have 25 years of experience with underinsured/uninsured motorist accidents, and we have helped many.
]]>A crash between a car and a Metro Transit bus left one person dead and led to the arrest of the driver of the car. The accident occurred in the late evening at about 7:30 p.m. The 26-year-old driver of the car ran a stop sign at high speed. The vehicle hit the median, flew into the air and went through the bus. The bus was carrying up to eight people. A 48-year-old man died after being ejected. A 19-year-old who was also on the bus was injured and is in critical condition. The driver of the car showed signs of being under the influence and was placed under arrest.
People who are injured and those who lose a loved one in a car accident will have personal, financial and emotional issues to take into consideration. Medical bills, long-term pain, problems returning to normal functioning and much more frequently accompany injuries suffered in a car accident. If there was a fatality, the family will need to move forward knowing that they will never see their loved one again due to an unfortunate - and often unnecessary - accident. Insurers may try to settle a case to keep the costs down, but it is imperative that the victims have legal advice before accepting an early offer. An investigation into the accident must be done and the true cost of the aftermath might not be known for a many months.
In this accident, people were riding a bus when a vehicle that was allegedly speeding and being driven by a man under the influence crashed through the bus. One man died and another person was critically injured. The investigation into this case is ongoing, but families affected by similar accidents may wish to protect themselves by contacting an experienced attorney as soon as possible.
Source: patch.com, "Fatal Metro Transit Bus Crash: Car Driver Arrested," William Bornhoft, July 23, 2017
]]>Passed in 1908, FELA protects railroad workers across the country. There is a system of legal rights that railroad workers and families receive through FELA if they are injured. The claim can be made to the employer or the railroad company or it can be brought in a lawsuit either at a state level or federal level. With FELA, there is a foundational standard of liability for working conditions and employee safety.
FELA is unique in contrast to workers' compensation cases in that there is no need to show that the railroad, other employees, or the makers of equipment exhibited negligence that led to the injuries. FELA is meant to show that the defendant in the case allowed unsafe working conditions and the injury came about because of it.
Railroads are required to do the following under FELA: give workers a safe environment and accompanying equipment; ensure that there are no hazards with inspections; train employees properly; make certain that workers are protected from dangerous intentional behaviors from others; make certain safety rules and regulations are adhered to; and stop work quotas that are unrealistic.
In a FELA claim, the burden of proof is different from other personal injury cases as all that needs to be proven is that there was some form of negligence. Those who work on the railroad and suffer an injury might not know about FELA and all the protections it provides. This can lead to a mistake in not pursuing compensation when the injured party has a legal right to it. Speaking to an attorney who is experienced in helping clients who have suffered railroad worker injuries can help with a case based on FELA.
Source: injury.findlaw.com, "Railroad Worker Injuries -- FELA --Overview," accessed on July 25, 2017
]]>Two women, 52 and 36, who were eating at a drive-in restaurant were hit by an SUV that backed into their outdoor table. The accident happened at around 2:15 p.m. They were pinned under it with one underwater. According to the owner of the restaurant, the driver of the SUV was looking for a restaurant that provided drive-through service. She hit the table when she backed up and then went up an embankment. Nearby people went to help the victims with one performing CPR on the woman who had been submerged. The women were airlifted to the hospital. Law enforcement is investigating the crash.
With a car accident, especially one involving people who were not in a vehicle themselves, the first step is to get them treatment as soon as possible. Because there is a lack of protection accorded to those who are hit by a car and they are notoriously vulnerable, significant injuries can result. This can include head injuries, spinal cord injuries, broken bones, cuts and more. Medical treatment can include surgeries, rehabilitation and extensive care. The injured person might never be able to return to work or function normally. This can lead to massive expenses. Often, the only way to be adequately compensated is through a legal filing.
In this case, two women were eating at a drive-in in the mid-afternoon when a vehicle backed into them and caused serious injuries. With the accident still being investigated, it is essential that their families understand what they are up against and protect themselves by speaking to an experienced legal professional to consider a lawsuit.
Source: startribune.com, "Two Minneapolis women injured in crash at Taylors Falls Drive-In," Sharyn Jackson, July 1, 2017
]]>The U.S. Centers for Disease Control and Prevention says that drivers between the ages of 16 and 19 have three times the chance to be a fatal auto accident than drivers who are 20 and above. For teens, a car accident trails only suicide for the most common reason for death. The National Highway Traffic Safety Administration says that the number of accidents with teens increased by more than 10 percent in 2015 when compared to 2014. There are many reasons for this including the belief that younger drivers are lacking experience, tend to be more reckless, and engage in behaviors like texting and driving that lead to being a distracted driver.
AAA conducted a study that indicates that six out of every 10 accidents involving a teen had distracted driving as a factor. In 2015, teens made up 6.2 percent of the licensed operators in Minnesota, but were in 16.4 percent of the accidents. There were more than 500 fatalities in an accident with teens in the decade from 2006 to 2015. More than 1,900 had serious injuries. The two states have taken steps to try and reduce the number of accidents involving teens. Each limited the number of passengers teens can have. Driving at nighttime and in the early morning hours is limited. Teens are not allowed to use handheld devices while driving. Steps have also been taken to teach parents about the dangers teens face on the road.
While these attempts have reduced the number of crashes involving teens, the statistics show that the rate of car accidents in these states is still above the national average. Drivers who are sharing the road with teen drivers must be cognizant of the dangers they face. Medical costs, lost time at work, and fatalities can result from an auto accident. To receive compensation after a crash, it is vital to have a full investigation from the victim's perspective and assistance in pursuing a legal claim from a qualified legal professional.
Source: republican-eagle.com, "Teen driver crash rates remain above average in Minnesota and Wisconsin," Youssef Riddad, June 23, 2017
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