St. Cloud Personal Injury Lawyer - Crash

Tiger Woods Crashes Car after Rumors of Sexual Affair

Joe Crumley — Fri, 27 Nov 2009 15:34:56 GMT

News services Friday afternoon reported that Tiger Woods, the best golfer in the world, was seriously injured in a car wreck outside his Florida home early in the morning. Later reports indicated the injuries were not serious.

Woods apparently left his suburban Orlando driveway atand struck a tree and fire hydrant, causing serious facial injuries. Woods, who at 33 has consistently matched and exceeded all golfing records, may have heard recent internet and tabloid reports that he was having an affair with Rachel Uchitel.

The news reports regarding the crash did not intially reference the infidelity stories, but the blogosphere soon began questioning a link.

The police report, above, indicates the one-car crash occurred just outside Woods' driveway.

The Orlando Sentinel reported:

Woods was transported to Health Central Hospital in Ocoee in serious condition, FHP said. No other information about his condition has been released.

A Health Central hospital employee said at 2:30 p.m. that Woods was not a patient. A hospital operator would not say if Woods had been treated and released.

FHP said the airbags in Woods' Cadillac Escalade did not deploy, which means the vehicle was traveling under 33 mph.

Orange County Fire Rescue received the call for aid at 2:28 a.m. Woods was transported from his Windermere-area neighborhood by the hospital's own ambulance.

An Orange County Sheriff's Office official said his agency received it's call for assistance at 2:27 a.m. An operator was told the driver was injured and still inside the vehicle.

FHP did not report the accident until just after 2 p.m. today. The agency said the crash remains under investigation and charges are pending.

Golf fans the world over are hoping for the best for Tiger.

http://www.youtube.com/watch?v=Zb2qJpDR6PQ&feature=player_embedded

http://www.youtube.com/watch?v=FUnNq1lFFbU

In any car wreck with injuries, assesing damages can be an issue. Wage and income loss, in particular, can be difficult to assess. Tiger Woods, the richest athlete in the world, would be an extreme example. How much would Tiger lose if he couldn't golf?

Tiger crashed his own car, and it sounds like he won't be seriously injured. If another driver were involved, insurance coverage would be a major issue. No one carries enough insurance to fully compensate Tiger, should he be unable to work.

For Tiger, and anyone else injured in a car accident, getting a lawyer who will be able to calculate and argue for full and fair lost earnings would be crucial. My partner Mike Bryant, and I have been representing such people for years, and have written many articles and taught many classes to other lawyers on these subjects.

Originally posted at InjuryBoard by Joe Crumley

Company Lawyer Diagnosis The Condition Of The Austin Bus Driver

Mike Bryant — Sat, 21 Nov 2009 22:42:00 GMT

It has been interesting to read the different stories that have been looking for the answers to what happen in the tragic tour bus accident this week outside of Austin, Minnesota. I originally wondered if it was a medical condition or maybe the driver fell asleep.

Recently, MPR found that the driver's record included a seat belt violation from this year and a 2001 DWI in his personal vehicle. Probably, only important if there was more known about the drivers activities while the passengers were at the casino.

There has also been unanswered questions as to why the driver was on I-90. Apparently, that wasn't his expected route. There wasn't any weather that would have suggested a change. It would be important to know if maybe there was something going on that the driver knew about.

Now we have the lawyer that the company hired saying that "It's quite clear that he suffered an emergency medical event while driving the bus, and he's hospitalized for that." That may very well turn out to be true. But considering the State Patrol thinks it will be weeks before we know and that medical experts haven't come forward this sounds a lot like a defense.

I can assure you that he understands that a sudden medical emergency can be argued as an Act of God. If such a conclusion was drawn by a fact finder, there would be no liability what so ever. So hopefully, the investigations will get to the truth.

Originally posted at InjuryBoard by Mike Bryant

What Caused The Austin Bus To Crash?

Mike Bryant — Thu, 19 Nov 2009 21:42:37 GMT

That will be the question, people will be asking and hopefully will be answered. The background question is by who and how? It may be the State Patrol who had a very interesting press conference today that touched on a number of issues concerning the crash. Or the question may already be answered:

http://www.youtube.com/watch?v=8T37zpZd0ZU&feature=player_embedded

Last night I speculated that is could be a medical condition or the driver may have fallen asleep. No matter what the answer is, it will be important that all the questions are asked:

What did the driver do during the day?

Why were they unexpectedly on I-90?

What is the medical history of the driver?

Does his past driving record reveal anything?

It is clear that the insurance companies are already out and asking questions. My guess is that they aren't doing it to make sure that everyone is properly compensated. The State Patrol will do their very best , but they may not be looking out for the rights of each individual involved. The whole issue of liability (fault) may very easily turn on what is found and what isn't.

Originally posted at InjuryBoard by Mike Bryant

Two Dead In Austin Bus Crash

Mike Bryant — Thu, 19 Nov 2009 00:31:28 GMT

It was reported that tonight two are dead and 21 have been injured in a tour bus crash in Austin, Minnesota. The bus was on I-90 and returning from a trip to Diamond Jo Casino in Northwood, Iowa.

Investigation by the State Patrol will hopefully determine what happened, but according to the Minneapolis Tribune:

the driver was in his 50s and had worked for the company when it was focused on school bus trips. He also has experience driving semitrailer trucks and working with heavy machinery.

Did he fall asleep or have some other medical condition? It has been reported that:

There was no construction going on in the area of the accident and weather was not a factor, Andy Skoogman, a spokesman for the Department of Public Safety said, adding that several cars in the westbound lanes got out of the way of the bus.

According to Skoogman, the bus was heading east on Interstate 90 near Austin when it crossed the median into the westbound lanes. It ended up in a ditch where it flipped over.

If you are driving it is important that you be aware of fatigue signs.

WARNING SIGNS OF DROWSINESS AND FATIGUE

If you:

can't remember the last few miles driven
have wandering or disconnected thoughts
experience difficulty focusing or keeping your eyes open
have trouble keeping your head up
drift from lanes or hit a rumble strip
yawn repeatedly
tailgate or miss traffic signs
find yourself jerking your vehicle back into lane

then you may be suffering from drowsiness or fatigue. Continuing to drive in this condition puts you at serious risk of being involved in a fatigue-related crash. You should pull over in a safe place and get some rest before resuming your trip.

WHAT YOU CAN DO TO STAY ALERT WHILE DRIVING:

Sleep / Take naps: Your best bet is to get enough sleep every day. If you must stay up late, afternoon naps are a great way to get more sleep. If you feel drowsy while driving, a 15-minute nap can be very effective. Make sure to pull over in a safe place.

Caffeine: Avoid caffeine during the last half of your workday as it may contribute to sleeping problems. You can gain short-term alertness by drinking coffee or other caffeine sources if driving, but it usually takes 30 minutes to take affect and wears off after a few hours.

Regular stops: You should stop every 100 miles or 2 hours. Switch drivers if you can.

Avoid Alcohol: If you have been drinking, please don't drive! In addition to being illegal, alcohol makes you sleepy and amplifies your fatigue.

If you are planning a long trip, AAA offers the following tips for avoiding fatigue:

Prepare for your trip by getting a good night's sleep the night before. Plan to drive during the time that you are normally awake, and stay overnight rather than traveling straight through.
Avoid driving during the body's "down time". According to AAA, this is generally in the mid-afternoon and between midnight and 6:00 a.m.
If you have passengers, talk to them. It will help to keep you alert, and they will also be able to tell if you are showing signs of getting sleepy.
Schedule a break every 2 hours or every 100 miles. Take a nap, stretch, take a walk and get some exercise before resuming your trip.
Stop sooner if you show any danger signs of sleepiness.

"TRICKS" THAT DO NOT WORK

Opening the window, turning on the air conditioning, or playing loud music are not effective in keeping drivers alert for any extended period of time.

For Passengers on a bus that need to approach a driver it has also been suggested:

1) Talking to an authority figure on the bus
2) Calling the police
3) Talking to the driver in a group
4) Or at least reporting it at the next stop

Sympathy goes out to those that lost friends and family on the bus. It is also hoped that those that were injured heal quickly. Outings like this shouldn't end up in tragedies.

Originally posted at InjuryBoard by Mike Bryant

20-year-old Eagan Woman Killed By Passing Car In St. Paul

Mike Bryant — Sun, 15 Nov 2009 23:18:40 GMT

Monday night, a 20 year old woman from Eagan was stepping on to W 7th street in St Paul when she was stuck and killed by a passing car. Sympathy goes out for all of those involved. Cause was still being determined by the St Paul Police.

A number of Injuryboard members have discussed pedestrian accidents and the issues that are often involved.

As with any death in a Minnesota motor vehicle collision, there are a number of 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 last year on the same topic. In all of these cases sorrow for the families of those involved goes out.

Originally posted at InjuryBoard by Mike Bryant

Reno Medical Helicopter Crash Kills Three

Mike Bryant — Sun, 15 Nov 2009 15:21:01 GMT

Another medical helicopter crash will continue to raise concern. Saturday morning, a crash near the Nevada-California state line north of Reno killed three crew members. The helicopter had just dropped off a patient at a Reno hospital and was returning to its base in Susanville, Calif. , said Ian Gregor, an NTSB spokesman. It was the second fatal crash of a Mountain Lifeflight helicopter returning to Susanville after dropping off a patient at Renown Medical Center in Reno.

The NTSB issued a special report in 2006 highlighting issues that had caused an upsurge in emergency helicopter crashes, particularly during nighttime and in poor visibility. In 2008, the number of crashes was a record. The crashes haven't always harmed the patients, but the number of ambulance personnel has been staggering. The rate of fatalities per 100,000 air-ambulance employees over the past 10 years exceeds other dangerous professions such as logging or deep-sea fishing, said Ira Blumen, program director of the University of Chicago Aeromedical Network.

While these recoveries will be vital to saving lives and helping injured parties to get top care, it clearly looks like there are extra dangers that are added. I've always thanked the medical personnel when they've helped my clients in the past and I will make sure to give the ambulance personnel an extra thank you

Originally posted at InjuryBoard by Mike Bryant

Semi Trucks And In Cab Computers

Mike Bryant — Sat, 07 Nov 2009 09:32:00 GMT

There have been a lot of posts here at the Injuryboard covering the states that have been forward looking enough to make texting illegal while driving. Some states have added emails to ensure that there are no loopholes. For semi truck drivers, the question has now come up about their computers.

Yes, many of the trucks are now being equipped with complete laptop systems. I would guess that it gets used a lot. But, what about the law? The drivers are saying they can use them safely and responsibly. Seems to me the real question is when are you using it? I haven't seen a law yet that bans any of the items from being in a vehicle, it only prevents it's use.

Truck safety has been a big issue around here as of late. The recent study which indicated that the number of truck accidents should be of great concern and at the same time posts about what the number mean. Clearly, the size of the vehicles and the damage that is done when there is a collision has got to be considered in weighing the significance of all of the concerns. What does even a couple of seconds of distraction add to those concerns?

For anyone involved in a collision with a semi truck, it's clear that questions should be asked about the use of these items. Because, despite having a "Don't Use While In Motion" warning, there is a proceed button. Yet, another reason why hiring an experienced attorney can make a difference to you.

Originally posted at InjuryBoard by Mike Bryant

Just Because It's Twitter, You Still Can't Text And Drive

Mike Bryant — Fri, 06 Nov 2009 09:26:00 GMT

My partner Joe Crumley wrote a great piece about the dangers of texting. He, like a number of other writers here at the InjuryBoard, continue to point out the dangers of texting and driving. Go watch the video that a couple of members have posted.

A recent study concerning the social networking tool, Twitter, points out there is more reason for concern. According to Crowd Science, about 11% of Twitter users admitted to accessing social media while driving in the preceding 30 days, compared to only 5% of other social media users. 29% of Twitter users said they had accessed social media from cars at some point in the past, compared with 13% of non-users. This is one too many people reading and twittering while they should be driving.

Since this post will go out on a tweet, I truly hope not one single person reads it while they're driving. It makes you wonder how broad we need to make the law to make sure that people get the idea. A number of other interesting findings from the study:

- 41% of Twitter users prefer to contact friends via social media rather than telephone, compared with 25% of non-Twitter social media users, and 11% (vs. only 6% of those not using Twitter) actually prefer social media over face-to-face contacts.

- More than twice as many males than females (32% to 15%) access Twitter primarily through a third-party application.

- 43% of Twitter users employ a third-party application at least some of the time, and 26% as their main mode of access.

- Twitter users tend to be older than non-Twitter social media users (54% over 30 years old, vs. 42%), twice as likely to be self-employed or entrepreneurs (18% vs. 9%) and to be planning to start a business during the next six months, and more tech-savvy (24% vs. 15%

Driving needs to be driving time.

Originally posted at InjuryBoard by Mike Bryant

3.8 million Toyotas Equal 6th Largest American Recall:Too Late For Four Killed

Mike Bryant — Tue, 03 Nov 2009 23:32:44 GMT

Apparently two years ago there were five complaints from owners of the 2007 Lexus ES 350 about unintended acceleration. It took them a little while, but after an apparent "thorough investigation" Toyota and the National Highway Traffic Safety Administration have now recalled the all-weather floor mats in 2007 and some 2008 ES 350s as well as their sibling, the Toyota Camry. Admitting that the floor mats could jam accelerators on 3.8 million Toyotas.

If they had acted faster would they have saved the four people in California who were killed in a recent crash involving a Lexus with a stuck accelerator pedal? Do you think it was the complaints of the potential litigation that finally caught up with Toyota and made them do something? Maybe, tort deform damage caps might have gotten them to act faster? You have got to be kidding me or maybe you own stock in Toyota.

The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

If you or a family member is injured by a product, you need to get immediate medical care. If there is a significant affect or injury, you should contact an attorney concerning the problem. Early investigation can include the collection of product, checking recall alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

Truck Spins Out And Kills Two in Otter Tail County

Mike Bryant — Sat, 31 Oct 2009 20:35:00 GMT

Friday afternoon, a truck lost control in the snow and hit an oncoming car head on. The crash occurred early Friday afternoon near the Otter Tail County town of French, about 6 miles west of Fergus Falls. Two people in the pickup,the driver and his mother were killed. Two others in the truck and the driver of the other vehicle were injured.

These deaths, like any other on Minnesota roads is particularly unfortunate considering it comes a month after the Minnesota Department of Public Safety (MDPS) reported that overall the number of highway deaths has been down for 2009 with more than 300 people having died this year in Minnesota traffic collisions. There were 458 deaths in 2008, which was a drop from 510 in 2007. In this tragic case, sorrow for the family of the couple killed goes out.

It's October, but tragedies like this remind us that we are just starting to see snow. It's never to early to be safe and review the winter road tips from DPS and MnDOT :

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.

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 last year on the same topic.

Originally posted at InjuryBoard by Mike Bryant