St. Cloud Personal Injury Lawyer - Accidents

Two Single Car Accidents Remind Us That Winter Driving Requires Extra Care

Mike Bryant — Wed, 02 Dec 2009 09:47:00 GMT

Wednesday night, two separate collisions in northern Todd County were reported. Todd County Sheriff personal believe that snow played a role in both incidents.:

Around 7 am a eastbound pickup on Todd County Road 73 west of Hewitt lost control 73 and rolled.
An hour later, a southbound 2003 Chevrolet Cavalier on Todd County Road 23 near Hewitt went out of control, went into the ditch and rolled.

This is exactly the type of accident, I blogged about with: Single Car Accidents: Is There A Claim? . Hopefully, all of those involved will recover quickly, but if not the help of experienced Personal Injury attorneys can make a difference in getting to the bottom of what coverages are involved.

Despite the warm November it won't be long until we see winter conditions across the state. For all Drivers winter road tips from DPS and MnDOT include:

Always use seat belts.
Accelerate and decelerate slowly on icy/snow-covered roads to retain traction and avoid skids.
Do not use cruise control.
Do not “power up” hills, which may cause wheels to spin. Build momentum before reaching a hill and don’t stop while traveling uphill. Reduce speed before going downhill.
Know your brakes. Keep the heel of your foot on the floor and use the ball of the foot to apply firm, steady pressure on the brake pedal.
Give yourself plenty of travel time. Don’t put your schedule before safety.
Clear snow and ice from vehicle windows, hood, headlights, brake lights and directional signals.
Headlights must be turned on when it is snowing or sleeting.

Most police officers asked say the key is usually to Just Slow Down.

Sgt. Jeff Wenker of the Marshall Police Department made a number of great suggestions concerning winter driving. They included:

Watch the weather, don't travel if the weather is bad
Carry extra clothing, extra blankets and extra food with you and a heat source such as Sterno or candles is not a bad idea to take along.
An empty can, such as a coffee can, can be used for bathroom breaks. Toilet paper and hand wipes could be useful, as well.
If you are on medications, always carry extra.
Don't store extra water in your vehicle because it will freeze, but take extra water with you before you leave on the trip.
Make sure your cell phone is fully charged and bring a charger with you.
Let someone know the route you will be taking and do not deviate from it.
Take your time. A four-hour trip might take five. It's easier to drive slow when you've allowed the time.
If you do slide off the road or have to pull over due to the weather or road conditions: Your car can be an effective shelter so don't leave it unless you have to. Windchills are dangerous and can kill if you are exposed for too long. A vehicle offers some protection from that.
If it's a white-out, you don't want to walk out, because you can lose your way.
Run the engine 10 minutes every hour to help keep you warm. Bundle up in the extra clothes and blankets.
Keep the windows open a crack so you stand less chance of being poisoned by carbon monoxide. Check the tail pipe periodically and clear it if necessary to keep the exhaust from coming back into the vehicle.

Hopefully, all of the suggestions will lead to lives being saved and people making it home safe this winter.

Originally posted at InjuryBoard by Mike Bryant

Drunk Driver Hit's Patrol Car

Mike Bryant — Sat, 28 Nov 2009 23:00:00 GMT

Thanksgiving morning, State Trooper Sam Catlin was making a drunk driving stop along Highway 52 near Rochester. A speeding car being driven by a Rochester woman hit his sitting patrol car. The driver was cited for 3rd degree DWI and authorities say more charges could follow.

These are officers who are on the roads doing their jobs. Protecting society and doing their work in full uniform with lights going. I have had the honor on a number of occasions to represent some of Minnesota's finest. Usually, they are hit by cars going too fast and not giving them the room they need.

Minnesota law requires all cars to move over one lane when emergency vehicles are on the road. It's pretty simple to keep those actions in mind. While the law doesn't directly require a reduction in speed , it's the safe thing to do and it is taking into consideration the conditions at the time.

If it's wintry weather and the emergency vehicles are dealing with a car in the ditch, consider for a minute how the car got there. It's probably a case of the road itself being especially slippery in the very same area. A couple of times a year, we will be involved in layered car accidents where one car hits another and within the next ten minutes, two or three more impacts take place. A good look out and slowing down will make a difference. Also if you are in an accident, make sure you clear yourself and all passengers away from the dangers of oncoming cars.

Originally posted at InjuryBoard by Mike Bryant

Was It Alcohol? A Deer? Or Both That Caused SUV Rollover?

Mike Bryant — Sat, 28 Nov 2009 21:12:59 GMT

Wednesday night, a SUV rolled after leaving northbound Hwy. 169, north of Garrison. The driver and a passenger where injured. The driver told the State Patrol that a deer caused the incident. Initial reports are that alcohol was detected on the driver. The passenger was taken to the St Cloud Hospital.

While there is no liability claim for the driver of the car, passengers may still have a claim for liability depending on the facts of the collision. It is important that these case be investigated early by an Attorney who does this type of work. Hopefully, both of these people will heal up quickly.

The Minnesota Department of Traffic Safety's "Crash Facts 2007" indicated that there were 3,144 vehicle-deer accidents reported last year with 336 injuries and six fatalities.

The Duluth News Tribune recently published some helpful suggestions:

Rule 1: Treat every deer as if it’s going to cross in front of you. If you assume a deer feeding on the shoulder is going to hold its position until you have gone by, you’re just an accident waiting to happen.

Rule 2: Drive according to the conditions. If the night is foggy, rainy, or slippery, you might not be able to prevent a collision, but you can minimize the damage if you’re driving slowly enough. Don’t just speed along and hope nothing gets in your way.

Rule 3: Keep your eyes on the road at all times. You may only have a second or two to react to a deer crossing the highway. If you’re not an attentive driver, you can get hurt.

Questions as to what happened in this case will need to be answered.

Originally posted at InjuryBoard by Mike Bryant

Southern Minnesota Heroes Deserve Honor And Credit

Mike Bryant — Sun, 22 Nov 2009 06:07:00 GMT

What a night last week in Southern Minnesota. A night of multiple motor vehicle accidents and the need for immediate medical emergency responses. The Rochester Post Bulletin had the time line recently:

• At 3:21 p.m., a tour bus carrying 22 people crashes on Interstate 90, killing two people and injuring 20.

• At 5:15 p.m., a school bus carrying 22 students from Wabasha-Kellogg High School collided with a car on U.S. 63 North in Rochester, injuring eight students and seriously injuring the car's driver and passenger.

• Minutes later, an ambulance that was headed to the scene of the school bus crash was involved in a four-vehicle accident on Second Street Southwest. Two people were injured and had to be extricated from their vehicles.

• About 7:30 p.m. at Church of the Savior in southeast Rochester, a vehicle struck a pedestrian, then slammed into the church.

Four separate significance incidents, within four hours, all of which required quick responses. There was a need for police, sheriffs, troopers, firefighters, ambulance crews and helicopter personnel. There also the vital requirement of hospital and emergency room personnel . What a test for even a much larger area. It sounds like the test was not only met , but that it was exceeded in it's expectations.

I often talk to clients that will point out the difference that the emergency personal made. When I get the chance I thank these individuals for their past and future service. Hopefully, everyone will do that.

Originally posted at InjuryBoard by Mike Bryant

Friday: Minnesota Winter Awareness Week - On the Road

Mike Bryant — Fri, 20 Nov 2009 12:31:00 GMT

Sponsored annually by the Department of Public Safety Division of Homeland Security and Emergency Management (HSEM), last week was Winter Awareness Week. Each day was devoted to a different topic concerning winter safety. To help with the effort, cities across the state are holding forums, providing daily winter safety tips and publicizing the effort in local newspapers and on city websites.

The week is broken down as:

Day 1 Surviving Winter Weather
Day 2 Outdoor Safety
Day 3 Fire Safety
Day 4 Indoor Air Issues
Day 5 On the Road

The Minnesota Safety Council recommends the following tips:

Make sure your car is ready for the season. Throughout the winter, keep your gas tank at least half full to avoid gas line freeze.
Avoid traveling, especially alone, if severe weather is threatening.
Before taking a trip, inform someone at your destination of your expected arrival time and your travel route.
Stock your car with basic winter driving equipment: a scraper and brush, small shovel, jumper cables, tow chain and a bag of sand or cat litter for tire traction. Also include road flares, a blanket, heavy boots, warm clothing, and a flashlight with batteries.
Keep an emergency survival kit in the car, including high-energy food such as a chocolate bar or energy bar.
If your car has been outside during a snowfall, brush all the snow off before starting out. Snow left on the front hood will blow into the front vent and cause defrosting problems, and can also melt and re-freeze on the windshield. Snow on the roof will cover the rear window and snow on the rear deck will blow onto tail lights. Pay particular attention to cleaning off headlights and tail lights so that other motorists can see you.
Adjust your speed to the conditions and increase following distances.
Remember that bridges and overpasses can be more slippery than other parts of the road. If you begin to skid, remain calm, ease your foot off the gas and turn your wheels in the direction you want the front of the car to go. If you have an anti-lock braking system (ABS) apply a steady firm pressure to the brake pedal. Never pump ABS brakes.
If even after following all precautions you find yourself stranded, stay calm and stay put. Staying in your car will decrease your risk of frostbite or hypothermia and increase your chances of being rescued. Run your engine for heat about once an hour, (every half hour in extreme cold.) Make sure your exhaust pipe is clear to prevent the back up of carbon monoxide. Leave one window slightly open. Tie a piece of brightly colored cloth to your antenna to alert others and aid rescuers. Limit your sleep to short naps.
Consider keeping a cellular phone for use during emergencies. For long trips, be sure the batteries are fully charged and consider bringing a spare battery. Keep the phone and batteries warm to avoid quick power drain. Because driving requires your full attention, it is recommended that you find a safe place to pull off the road when you need to make a call.

Identifying the reason behind the week the HSEM press release identified the issues:

Over the last 10 years, more than 50 people drowned after falling through thin ice, and 65 percent of ice drownings were vehicle related. Last winter, 22 people died in snowmobile accidents; half those fatal events involved alcohol or drug use. And during 2005–2007 in Minnesota, officers reported snow or icy road conditions in nearly 41,000 crashes that resulted in 159 deaths and 13,000 injuries. Clearly, people are being “surprised” by weather conditions."

The plan is, no matter how harsh the winter, to make sure everyone is safe and alive at the end of it.

Originally posted at InjuryBoard by Mike Bryant

Two Killed As Truck Hits A Deer In Wisconsin

Mike Bryant — Sun, 15 Nov 2009 18:24:00 GMT

Saturday night, the driver and his 14 year old passenger where killed when they hit a deer in Woodman Township. The truck hit the deer and plunged down an embankment into a tree.

The Minnesota Department of Traffic Safety's "Crash Facts 2007" indicated that there were 3,144 vehicle-deer accidents reported last year with 336 injuries and six fatalities. Wisconsin is thee spots down, but is also in the top ten list of states with a high number of car/ deer collisions.

The Duluth News Tribune recently published some helpful suggestions:

Rule 1: Treat every deer as if it’s going to cross in front of you. If you assume a deer feeding on the shoulder is going to hold its position until you have gone by, you’re just an accident waiting to happen.

Rule 2: Drive according to the conditions. If the night is foggy, rainy, or slippery, you might not be able to prevent a collision, but you can minimize the damage if you’re driving slowly enough. Don’t just speed along and hope nothing gets in your way.

Rule 3: Keep your eyes on the road at all times. You may only have a second or two to react to a deer crossing the highway. If you’re not an attentive driver, you can get hurt.

While there is no liability claim for the driver of the car, passengers may still have a claim for liability depending on the facts of the collision. It is important that these case be investigated early by an Attorney who does this type of work. Our sympathy goes out to the family and friends of the two who died.

Originally posted at InjuryBoard by Mike Bryant

Time To Just Drive

Mike Bryant — Wed, 11 Nov 2009 09:27:00 GMT

There have been so many posts about distracted drivers here at the Injuryboard. Some are just warnings. Some have included the video of the young girl who is texting and ends up on the windshield. Others have been the real life stories of what happens when people have been distracted while driving. It's likely that many drivers don't tell the truth, with Department of Transportation’s studies indicating that up to 80% of crashes may be caused by distracted drivers, there may be so many more happening that we don't find out about. Throw in that in 2008, 800,000 vehicles on any given day are being driven by somebody using a cell phone, and you have a lot of reasons why there are car crashes.

Do you take this for granted ? Still keep using the cell phone? Make driving the second or third most important thing you are doing? Figure that you are some how different then everyone else? Take a second and watch this video:

http://www.youtube.com/watch?v=0AHGLGQgAn8&feature=player_embedded

I at one time didn't think seat belts were all that important. Freedom, invulnerable, and young and dumb all came into my head. The day my oldest was born I vowed I would always wear one for him. Watching this video, I think that I personally need to do more than that. Hopefully, many others well do so as well.

Originally posted at InjuryBoard by Mike Bryant

Time For Arizona, Florida, and South Dakota To Protect Those Kids

Mike Bryant — Sun, 08 Nov 2009 09:23:00 GMT

The safety of booster seats for 4 to 8 year olds is beyond question. As was pointed out by my partner Joe Crumley, there are many advantages to extending the protection. The Minnesota Legislature went through the issues and with very little opposition, went for protection over the doubters. It's a group that needs to be protected. I was reminded of this last week when a mother called me and had two kids who were all shaken up after a rear end collision destroyed the back of the car. Thankfully, that's all they were and I would suspect that it was the safety of their being wrapped in booster seats that made the biggest difference.

Right now 47 states and the District of Columbia require booster seats for kids who are too big for child safety seats with harnesses, but too small to properly wear a regular seat belt. The hold outs are Arizona, Florida and South Dakota. The National Transportation Safety Board is working to change that. "If they use a booster seat and a seat belt, rather than a seat belt alone, they reduce their risk of injury by 59 percent," Deborah Hersman, head of the NTSB says. "And what the data and the facts tell us is that it's much safer to be in a booster seat that restrains your child properly in the event of an accident."

I'm a big fan of Mad Men on AMC. It was interesting last year when they showed the mother driving down the road and suddenly having to stop. The daughter, who was standing up in the back seat, went flying off the seat and ended up in the foot area on the passenger side. A different time and while a very simple scene, was indeed a scary moment. Hopefully, these states will come up to speed and join in the protection of these small children.

Originally posted at InjuryBoard by Mike Bryant

Todd County Field Approach Destroys Wayward Vehicle

Mike Bryant — Mon, 26 Oct 2009 22:55:00 GMT

Friday afternoon, a vehicle heading west on Todd County Road 24 left the road, struck a field approach and rolled . Both the driver and passenger were injured. The police described the car as destroyed.

These are exactly the type of accidents, I blogged about with: Single Car Accidents: Is There A Claim? . Hopefully, the Little Falls woman will recover quickly, but if not the help of experienced Personal Injury attorneys can make a difference in getting to the bottom of what coverages are involved.

Investigation will hopefully uncover what happened. It will be interesting to see if speed and weather conditions played a role. Hopefully, each of the two occupants will heal quickly.

Originally posted at InjuryBoard by Mike Bryant

Trains Kill Record Number In Minnesota So Far In 2009

Mike Bryant — Mon, 26 Oct 2009 09:21:00 GMT

This year, we have seen a record number of people killed by trains. The most recent were two that were killed this past week.

Monday morning, in Winona a 51 year old man was killed when he was hit by a Canadian Pacific Railway train, as he walked south at the railroad crossing on Johnson Street in Winona . There are no lights or signals at the crossing.
Tuesday evening, a 24 year old man was killed by a Burlington Northern/Santa Fe train in Litchfield. There were headphones found at the scene and the claim is made that he was wearing them.

What happened in each of these cases is still being investigated. History tells us that the railroad companies may not go out of their way to find evidence helpful to any family of the people killed. So early evidence gathering and the search for all of the available witnesses can be vital to find out what really happened.

These two deaths, bring the years total of railroad deaths to 11, which is over double the number from last year which was 5. It is the highest total in a decade. As a result the state has sent out a safety warning pointed out that a 2008 law makes it illegal to walk on tracks. They also said that fewer than one-third of the 4,362 railroad crossings in the state have warning devices.

Minnesota Operation Lifesaver does offer the following safety suggestions:

Basic Safety Tips at Highway-Rail Crossings

Expect a train at any time.
You can't be sure when a train may appear at a crossing, even if it's one you drive or walk across every day. Freight trains don't travel on a regular schedule and the schedules for passenger trains can change. Always be alert, because trains can run any time of day or night, on any track, in any direction.

Don't be fooled—the train is closer and faster than you think!
In the same way that airplanes can seem to move slowly, your eyes can play a trick on you when a train is approaching—an optical illusion that makes a train seem farther away and moving more slowly than it really is. Don't take chances—it's easy to misjudge a train's speed and its distance, especially at night. If you see a train, just wait.

Trains can't stop quickly or swerve—be prepared to yield.
After fully applying the brakes, a loaded freight train traveling 55 miles an hour takes a mile or more to stop. A light rail train can take 600 feet to stop, and an 8-car passenger train traveling 80 miles an hour needs about a mile to stop. Even if the engineer can see you, it's too late to stop the train in time to prevent a collision.

Stop and wait when gates are down or lights are flashing.
If the gates are down, the road is closed and you must stop and wait—that's the law. Continue across after the gates go up and the red lights stop flashing.

Check all tracks before crossing.
If you're at a crossing with more than one set of tracks, be very careful after a train passes. Before you begin to cross, be sure that another train isn't coming on another track from a different direction—the first train can hide the second train.

Don't get trapped on the tracks.
Never drive onto a railroad crossing until you're sure you can clear the tracks on the other side without stopping. If your car stalls or is trapped on the tracks, get everyone out right away, even if you don't see a train coming. Move quickly away from the tracks. If a train is coming, move in its direction as you move away from the tracks. If you run the same direction the train is going, you could be injured by flying debris when the train hits your car. When you're at a safe distance from the crossing, call 9-1-1 or the railroad emergency number posted at the crossing.

Don't trespass on foot.
Tracks and the property alongside them—the right of way—are private property. Stay off railroad cars and tracks. Don't trespass—it's illegal and too often it's deadly.

Originally posted at InjuryBoard by Mike Bryant