St. Cloud Personal Injury Lawyer - Automobile Accident

Weather, Speed, And Holiday Cheer: Time To Be Extra Safe On The Roads

Mike Bryant — Sun, 06 Dec 2009 10:26:41 GMT

The first week in December has again seen an increase in highway deaths. Hopefully, this isn't a sign of what is coming for the rest of the month. It is important with so many people rushing around and holiday parties starting up, that we all keep a little better look out.

Saturday night, a truck went the wrong way on the 49th Ave. Ramp on I-94 and hit a mini van head on. A passenger in the van lost her eight month old unborn child. She and her 10 year-old son are in critical condition, and four other children, ages three to nine, were also hurt. The truck driver is suspected of being drunk according to the Minnesota Sate Patrol.
Friday afternoon, a 23-year-old Watkins man died when his 1996 Saturn was hit by a 1995 Jeep Cherokee in Meeker county. The jeep failed to yield at 642nd Avenue and 365th Street in Forrest Prairie Township, according to the Meeker County Sheriff’s Office.
Thursday afternoon, A pickup truck and sedan collided at the intersection of County Road 45 and County Road 9 in Farden Township , according to the Hubbard County Sheriff's Office. The driver of the pickup truck and a passenger in the car were each ejected. Both were pronounced dead on the scene. The Hubbard County Sheriff's Office is still investigating the accident.
Tuesday afternoon, a 78 year old Roseville woman died in a seven car chain-reaction crash on County Road C at Snelling Avenue. Six eastbound vehicles were at a red light on County Road C when a westbound minivan hit the woman's vehicle at high speed, pushing it into the next vehicle and so on, the Roseville police said.

The 2009 numbers have continued to drop. Weeks like this still cause concern. With the holidays and winter type conditions, hopefully people will be careful. More will be found out over the coming weeks as to the causes of each of these collisions, so it's to early to tell if the common causes of speed and alcohol were involved in any of the incidents. In all of these cases sorrow for the families of those involved goes out.

As with any death in a Minnesota motor vehicle collision, there are many issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed on the same topic.

Originally posted at InjuryBoard by Mike Bryant

Red Sox Down Two: But The Angel's Are Inspired

Mike Bryant — Sun, 11 Oct 2009 08:28:00 GMT

I've said it many times, I am a die hard Red Sox fan. That used to be a much harder thing to be for most of my life. The past couple of years, they have been much easier to watch. But, I do have to admit, that the California Angel's ongoing remembrance of Nick Adenhart does touch me because of the work I do.

Drunk Driving is a horrible thing. It is so very true when that horrid mistake leads to the taking of a life. For the young promising Angels right hander it was a loss that affected his family, his team and all of their fans. It put the game in perspective and reminds us of how precious each life is.

Today, I will still be cheering for my team as they come back to Fenway, but that being said, I do hope that people reflect upon what happened. Number 34 needs to be remembered for what he might have done and what his death can teach us all.

Originally posted at InjuryBoard by Mike Bryant

Another Deadly Weekend On Minnesota Roads

Mike Bryant — Sat, 10 Oct 2009 20:28:02 GMT

Columbus day weekend has started out as a tragic one in Minnesota as four people have been killed on Minnesota Highways. Unfortunately, the at least the third weekend that we have seen increased numbers of road deaths. The scary numbers are that on an average weekend, two people are killed.

Friday morning, a former junior high teacher was killed as he road as a passenger on a SUV that collided with a grain truck in Rice County.
Friday afternoon, an 18-year-old woman was killed and two other people were seriously injured in Coleraine, Minn., when their car pulled in front of a school bus carrying the Ely High School football team to a homecoming game in Onamia, Minn.
Late Friday night, a 32-year-old Minneapolis woman was hit head on as she drove the wrong way on Highway 280 near Energy Park Drive in St. Paul.
Saturday morning, a Cedar, Minnesota woman was killed by a passing car on 35W as she stood on the side of the road after an earlier accident.

The overall yearly numbers continue to drop for the year, but if we continue to see weekends like this they will rise. With Fall bringing us winter type conditions, hopefully people will be careful. More will be found out over the coming weeks as to the causes of each of these collisions, so it's to early to tell if the common causes of speed and alcohol were involved in any of the incidents. In all of these cases sorrow for the families of those involved goes out.

Originally posted at InjuryBoard by Mike Bryant

How Do You Value Your Case?

Mike Bryant — Sat, 03 Oct 2009 09:29:00 GMT

What is my case worth? This is one of the questions that we hear most often. Many of our clients just want to know how they are going to get their medical bills paid and what they are going to do about the wages they are losing. Some of them have already been stressed out by the tough economic times and now suddenly, things have become even tighter. The question may not even really be about right now, but may be just as much about the next week, month or even years down the road. How am I going to pay my mortgage when I can't work? So they ask what the case is worth.

I wonder how other lawyers answer the question, especially since the answer is usually not available at the time people are looking for a lawyer. There are effects of the injury, what the doctor says and unfortunately it truly does depend on the coverage. The clients want some certainty at this time. The easy thing would be to just throw a number out there. But, they don't come to us at an easy time and they don't higher us to take the easy way out. The truth I always explain is that we don't know right now. You are actually better off if it's less money and you get better. Those are actually my happiest former clients. But, if you are hurt long term, we know how to present your case in the best light. It is the difference of hiring a lawyer that knows and will represent you in presenting your loss and basically hiring a claims adjuster. It may not be fast , but we will look at your case and present it in the most comprehensive light.

Many of these people that have already talked to the insurance adjuster. We regularly meet with potential clients who have been offered small sums as the insurance company works to get out of liability and to close the file. They know that there are a percentage of people who really need money, so they will prey on that group. In these economic times, it happens all of the time.

If you are facing that choice, please keep in mind:

- For a minor, there is no way that they can settle the case without Judicial approval. I've seen companies try to get around this, but it's against the law.

- When the settlement discussions are going on, is the adjuster practicing law? Do they talk about: if you need a lawyer, about the value of the case, or present their version as to fault? All of these get very close to giving you legal advice. I do it and I need to follow up with information on the statute of limitations. The non lawyer does it and they are breaking the law. They also, intentionally or not, can be very very wrong.

- Most car collisions involve the tort thresholds in Minnesota. Basically, you need to have $4000 in medical expenses, a permanent injury or 60 days loss of enjoyment of life. You meet one of those and you have a claim for pain and suffering. You don't and you have no claim other than the bills, wage loss and property damage. I look at the little offers this way. If you meet a threshold and have a permanent injury, is there any way that is worth that amount? If you don't meet a threshold, well, what did you really lose by waiting and making sure?

- The insurance company wants a settlement quick. They often make their offer within days or weeks of the collision. While some cases can be evaluated at that time, usually it takes time to get a full view of your injuries and to also get through a year's cycle. Is there something that you do in the winter or summer that will cause you problems? It's worth waiting to make sure you can play softball or snowmobile without problems. The statutes of limitations were made longer so that you have the chance to see the affect of your injuries.

It's always worth talking to a personal injury attorney to make sure you are aware of all of your rights. If the offer is fair, we will tell you. We also can give you lawful legal advice and answer your questions.

As fellow members of the blog pack, Steve Lombardi, Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton, have been pointing out there is also a difference in what lawyer you talk to. Don't make the mistake of undervaluing yourself. As I tell many of my clients, I may be smart enough to do some of the things you do with your daily job, but it's doubtful I will do it completely right. I don't think your competitor would come over and willingly help me. Severe injuries are not the time to learn how to protect you and your family and most definitely not the time to take legal advice from the other side. Take your time and learn who and what is out there for help.

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro October 03, 2009

and this one

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Originally posted at InjuryBoard by Mike Bryant

Part Of I-94 To Be Closed This Fall

Mike Bryant — Wed, 30 Sep 2009 09:00:00 GMT

I've been spending a lot of the summer in start and stop traffic. There have been one lane shutdowns along I-94, which have been doubling the trip time from St Cloud to the Twin cites. Sure, it can be a hassle, but the reality is, that a better road will make the trip easier come fall and winter. The unfortunate sight, is to see the number of collisions that slow things down even before the construction zone.

There are big signs, electric notices and state workers out there in orange vests. But still, people drive to fast and continue to not pay attention as they call and suffer from, as my fellow writer from Oklahoma Noble McIntyre describes, driving inTEXTicated .

This next Month there will be major shutdowns along 94 south of St Cloud. From The St Cloud Times:

Some lanes on Interstate Highway 94 will close from Clearwater to St. Michael beginning Tuesday through mid-October.

Drivers may see some left-lane closures on westbound and eastbound Interstate Highway 94 from Clearwater to the Minnesota Highway 241/St. Michael exit.

Construction crews will be working on shoulders along the center median of the freeway, according to a news release from the Minnesota Department of Transportation.

Hopefully, people will be on the alert and not add to the slowdowns.

Also keep in mind that work zones come with double fines.

Other safety tips include:

Stay alert, expect the unexpected.
Allow ample space between you and the car in front of you.
Anticipate lane shifts - merge when directed to do so.
Don't change lanes unnecessarily.
Don't speed in work zones; obey the posted speed limits.
Avoid using mobile phones while driving in work zones.
Be especially alert at night while driving in work zones.
Be patient!

Originally posted at InjuryBoard by Mike Bryant

East Bethel Teen Killed In Roll Over Collision

Mike Bryant — Mon, 28 Sep 2009 09:07:00 GMT

A teenager was killed when her car rolled as she traveled along Anoka County 22 (Viking Boulevard NE.) east of Rochester Street NE on an early September morning. Police that arrived at the scene do not believe that any other cars were involved and suspect that speed contributed to the tragedy.

The story in the Minneapolis Tribune was so real as the mother explained:

"Rachel has always been a little wild child, but we've always loved her just the same.. We never expected this."

"She'd quit school but was going back to get her GED so she could get into some kind of medical profession,......She was a beautiful, wonderful girl. We're going to miss her so very much."

This has to be every parents nightmare. It came on a weekend when 5 other people died on Minnesota Highways, but had to be one of the most senseless. Steve Lombardi and a group of others here have spent a lot of time writing about the concerns and issues with teen drivers. As this story concluded:

The accident occurred about 3 miles from the family's home, she said. The final text message on Rachel Nguyen's cell phone was from a friend, about an hour before the accident: "Are you home yet?"

Unfortunately, for her family the answer will always be no. Hopefully, this story like the other tragedies will teach a lesson to others on the road. Sorrow goes out to her family, it was way to early.

Originally posted at InjuryBoard by Mike Bryant

Major Road Construction Is Backing Up The States Roads: Don't Add To It

Mike Bryant — Sat, 01 Aug 2009 11:40:00 GMT

This weekend there will be major shutdowns along 94 and 35W. From The Minneapolis Tribune:

All lanes of westbound Interstate 94 heading out of Minneapolis between I-394 and I-694 are closed until 5 a.m. Monday as crews prep and paint overpasses at Broadway Avenue, 26th Avenue, 41st Avenue, 42nd Avenue and the Soo Line Railroad.

The detour route will be I-394 west to Hwy. 100, then north to I-94 west.

All motorists will be directed off westbound I-94 at I-394. However, motorists will be allowed to head a bit farther west and exit at Hwy. 55.

In the same time frame, all lanes of northbound I-35W -- from Hwy. 13 in Burnsville to I-494 in Bloomington -- also are closed. This is for reconstruction work. The detour route will be I-35E north to Hwy. 77; north to Hwy. 62; west to I-35W.

Hopefully, people will be on the alert and not add to the slowdowns.

Also keep in mind that work zones come with double fines.

Other safety tips include:

Stay alert, expect the unexpected.
Allow ample space between you and the car in front of you.
Anticipate lane shifts - merge when directed to do so.
Don't change lanes unnecessarily.
Don't speed in work zones; obey the posted speed limits.
Avoid using mobile phones while driving in work zones.
Be especially alert at night while driving in work zones.
Be patient!

Originally posted at InjuryBoard by Mike Bryant

94 Shut Down Twice Due to Semi's Collisions

Mike Bryant — Sun, 26 Jul 2009 19:44:00 GMT

This past week, Highway 94 was shut down twice when semis were involved in collisions:

On Sunday the highway was shut down for eight hours near Albertville when a station wagon tried to make an illegal U-turn and struck an oncoming truck . The truck rolled and spilled fuel. All of the drivers were treated and released.

In the middle of the week, the highway was shut down in Brooklyn Park when a fish truck was turned over and spilled 45,000 pounds of fish parts on the eastbound lane. Minnesota Department of Transportation hauled the fish away and moved the truck, which took out “a significant amount of guard rail” when it tipped over, said Don Zenanko, transportation specialist for the center.

Semi accidents usually involve more than simple spills. More than 5,000 deaths occur in truck-related wrecks each year, according to a database of truck wrecks compiled by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration. The database details more than a million accidents since 2000 involving commercial trucks or buses that weighed at least 10,000 pounds. A fully loaded tractor-trailer can weigh up to 80,000 pounds.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Seasons Highway Projects Require Drivers To Be Patient

Mike Bryant — Sun, 19 Jul 2009 20:08:00 GMT

MNDoT has issued a list of the top 10 2009 road projects which may cause delays. They are:

Coon Rapids - Highway 10 between Egret Boulevard and Hanson Boulevard
Minneapolis to Burnsville - I-35W and Highway 62 Crosstown Commons
St. Paul, Roseville and Lauderdale - Highway 280, Larpenteur Avenue bridge
Woodbury - I-494 between Lake Road and I-94
St. Cloud - Highway 23 between Washington Memorial Drive and Fourth Avenue
Central Minnesota - I-94 between Clearwater and Monticello
Otter Tail County - I-94 between Highway 59 and the Grant County line
Southeast Minnesota - I-90 between Albert Lea and the Wisconsin border
Southeast Minnesota - I-35 in Steele County and Rice County
Nobles County - I-90 between Worthington and Adrian

With all of these construction projects there will be MnDOT workers out on the roads. During this time, driving will require patience and slow downs.

Also keep in mind that work zones come with double fines.

Other safety tips include:

Stay alert, expect the unexpected.
Allow ample space between you and the car in front of you.
Anticipate lane shifts - merge when directed to do so.
Don't change lanes unnecessarily.
Don't speed in work zones; obey the posted speed limits.
Avoid using mobile phones while driving in work zones.
Be especially alert at night while driving in work zones.
Be patient!

Originally posted at InjuryBoard by Mike Bryant

Worries On The Rise That This Is Becoming Another Deadly Weekend On Minnesota Roads

Mike Bryant — Sun, 28 Jun 2009 09:42:00 GMT

Memorial day weekend was a tragic one in Minnesota as eleven people were killed. Unfortunately, the last weekend of June is also seeing a increased number of road deaths. The scary numbers are that on an average weekend, two people are killed. So far we have seen five already.

Friday morning, a East Bethal woman was killed as she tried to cross from northbound highway 65 and tried to turn west on to Sims Road when a southbound sport-utility vehicle (SUV) struck her vehicle. The accident remains under investigation by the Sheriff's Office and the State Patrol.
Friday afternoon, a motorcycle carrying an Alexandria, Minn., couple rolled after hitting a deer in Otter Tail County. The driver was killed and his passenger wife is in critical condition.
Friday evening, a Rochester bicyclist was killed after he was hit by a commercial truck at the base of an exit ramp from Hwy. 52 in Rochester. The ramp had one lane closed at the time for construction.
Late Friday night, a teenage girl was killed in a one-car crash at Duluth Street and Brunswick Avenue N in Golden Valley. A teenage boy in the car was arrested and is facing pending charges. The young woman was thrown out of the car and struck her head.
Saturday morning, two cars collided about 6 a.m outside a Dairy Queen in Victoria. The State Patrol said roads were wet at the time. One of the drivers was killed.

The overall yearly numbers continue to drop for the year, but if we continue to see weekends like this they will rise. With Forth of July weekend on the horizon, hopefully people will be careful. More will be found out over the coming weeks as to the causes of each of these collisions, so it's to early to tell if the common causes of speed and alcohol were involved in any of the incidents. In all of these cases sorrow for the families of those involved goes out.

Also sorrow goes out for those that were in the massive collision down in Oklahoma. You hate to see that anywhere.

Originally posted at InjuryBoard by Mike Bryant