St. Cloud Personal Injury Lawyer - Crumley

Big Trucks Kill! - The Dangers of 18-Wheelers

Joe Crumley — Tue, 13 Oct 2009 08:14:00 GMT

Sharing the road with big rig 18-wheelers is dangerous. These large and powerful trucks often weigh 25 times more than the average passenger car. So, it goes without saying, that when these multi-ton behemoths are involved in crashes, the amount of damage and resulting injuries tend to be catastrophic. Passenger-car drivers face many risks when they share the road with the big dogs.

Here are images from professional towing companies.... Some with cars and some just trucks... but look carefully, there's not much left of many of the cars: http://www.youtube.com/watch?v=maWm4LC5q5c

http://www.youtube.com/watch?v=4NeH3N9GoVk

Many semi-truck wrecks occur because the driver is tired, inattentive or distracted. Sometimes they are under the influence of alcohol, prescription/non-prescription drugs or are driving aggressively, too fast, or too close to other vehicles. The Federal Motor Carrier Safety Administration undertook a three year study to analyze the causes of large truck accidents. That research found:

For all crashes in the study (single and multiple vehicle crashes), trucks were assigned the critical reason in 55 percent of the cases. Driver reasons accounted for 87 percent of the reasons, and most involved failure to correctly recognize the situation or poor driving decisions. Thirteen percent of the coded reasons involved the truck, weather conditions, or roadway problems. The most common associated factors recorded were driver factors, such as legal drug use, traveling too fast for conditions, unfamiliarity with the roadway, inadequate surveillance, fatigue, and feeling under pressure from motor carriers. The most common vehicle associated factor was brake problems. Traffic flow interruption and requirements that the driver stop before the crash were prevalent roadway factors.

For two-vehicle crashes involving a truck and a passenger vehicle, trucks were assigned the critical reason in 44 percent of the crashes and passenger vehicles in 56 percent.

Truckie D, a trucker who contributes many excellent articles here on InjuryBoard, points out most crashes are caused by cars drivers, not truckers. The 56/44 breakdown in the FMCSA study seems to support that. But semis are driven by professional drivers, usually for commercial gain. Professionals driving dangerous behemoths must be held to a higher standard than us amateurs.

It is only fair to acknowledge that these drivers are under considerable time constraints and are often trying to meet critical deadlines. New federal regulations set forth time limits for how long truck drivers can be on the road. Some truckers, perhaps most, ignore these limits, using double logs or other tricks to gain the system.

Truckie also points out that states are closing rest stops, making it tough for truckers to find a place to rest. Many places do not allow truckers to park their 18-wheeler in their parking lot; and sometimes those places that do provide trucker accommodations are full.

But a trucker is a professional driver. Just as a professional driver should plan ahead to not run out of gas, a professional driver should plan ahead to have a place to stop to maintain compliance with the law. The alternative is to risk the lives of innocent drivers and passengers on the road. As I mentioned in a comment on his article:

... I can tell you that there are two main extreme types of truckers.

One is the very professional driver who understands that he's driving a Goliath among us Lilliputians (to mix references), and acts accordingly. I suspect that most of these guys recieved excellent training by an excellent teacher at a real driving school, have never taken a drink within 12 hours of a shift, always check lights, always do a complete inspection of their truck and trailer multiple times daily, never keep double DOT logs, never drive sleepy, and have endless patience with all the goofy things auto drivers do around them.

Sadly, there are too many clowns out there who were taught by their Grandpa or their boss, who think they're the best driver in the world, and thus can do anything, who hammer the accelerator and the brakes endlessly, who leave inspections for the guys back in the garage, or whoever had the truck before or after them. They cheat on their driving time and their logbooks, cuz laws and rules are for sissies, they party all night and get up early to drive still half-drunk or half-asleep, and they drive the same speed in a night snowstorm as a dry sunny day. Often they work doing short runs around town and not over the road. And if some idiot in a minivan or a subcompact dares pass them on the right, cuts them off a little, or drives under 80 in the fast lane, these clowns think it's a good a idea to throw "a little fear o' God in them" by putting the front bumper of his 80,000 pound behemoth inches behind their rear bumper.

It's rare, but I've seen it too many times.

There are many degrees of skill between these extemes. And sadly, most of the killed and maimed who come to me have encountered someone closer to the second driver than the first.

Passenger-vehicle drivers are unable to ignore the presence of 18-wheelers on the road. Big rig 18-wheelers can and do bully the road. They dominate it, by noise, by weight, and mostly by size. According to the National Highway Traffic Safety Administration, in 2006 one out of nine traffic fatalities resulted from a collision involving a large truck.

Horrific crash resulting in seven deaths.http://www.youtube.com/watch?v=Pw3odVTVNfA

Here's an empty squad car hit by a FedEx tandem truck while clearing another crash. http://www.youtube.com/watch?v=JpwtsCds17U&feature=PlayList&p=FC4DBB03BF4BE17C&index=14

While it’s impossible to completely eliminate the dangers of driving with 18-wheelers, there are several ways to reduce your risk. Consider the following tips:

18-wheeler Trucks Have Their Own Limitation Big trucks cannot maneuver like passenger vehicles. Oftentimes, these trucks are carrying thousands of pounds of cargo and it is difficult for them to not only accelerate, but to stop. For this reason, it’s important to avoid cutting too closely in front of trucks and avoid sudden braking.
Keep Your Distance Big trucks are hard to see around. Make sure you keep your distance when traveling behind a large truck. Following too closely prevents you from seeing potential hazards, such as pot holes and road debris. Also, if the truck doors shift loose then cargo may spill out. In addition to watching brake lights, you must keep a proper distance between your vehicle and the truck in front you.
Avoid the Shoulder of a Road If you experience car trouble or get a flat tire, try your best to get off the road. The shoulder (where most pull off to after they encounter problems) is one of the most dangerous places. Most large trucks travel in the right lane. Parking your vehicle and/or attempting repairs in the shoulder puts you at extreme risk. Shoulders are even more dangerous when roads are wet or slippery. When your only choice is to pull off onto the shoulder, move away from your vehicle and the road; then contact a tow truck to pull your car to a safe location.

Here's a guy who doesn't pull over far enough, but is it his fault, or the trucker who's not paying any attention? Regardless of that, it will be the car driver and passengers most likely killed or maimed:http://www.youtube.com/watch?v=IiiBmT6lYyQ

18-wheelers are very important. They carry large amounts of cargo across our country, and are part of the lifeblood of our economy. Long ago, our legislators made the choice to keep them on the same highway system as passenger cars, for better or worse.

But these mammoth vehicles can create dangerous situations and cause disastrous results. Drive cautiously and remain aware of other travelers on the road. Be considerate of others, consider each vehicles' limitations, and always watch out for the big rigs.

Originally posted at InjuryBoard by Joe Crumley

Cancer, Aging Research Gets Three Americans Nobel Prize

Joe Crumley — Mon, 05 Oct 2009 17:48:53 GMT

The Nobel Prize was awarded today to three American scientists for their discoveries related to how chromosomes protect themselves from degradation. The discovery has huge significance in the areas of cancer research and aging. It was also the first Nobel awarded to more than one woman.

Sharing the $1.4 million prize are Elizabeth Blackburn of the University of California, San Francisco, Carol Greider, Ph.D. of Johns Hopkins University School of Medicine and Jack Szostak, Ph.D. of Massachusetts General Hospital.

The New York Times reported that although the award was swept by Americans again, two of the three were immigrants. The Times also explained the science behind the award:

The recipients solved a longstanding puzzle involving the ends of chromosomes, the giant molecules of DNA that embody the genetic information. These ends, called telomeres, get shorter each time a cell divides and so serve as a kind of clock that counts off the cell’s allotted span of life.
...

The field of telomere research grew out of a puzzle in the mechanics of copying DNA. The copying enzyme works in such a way that one of the two strands of the double helix is left a little shorter after each division. Work by the three winners and others led to the discovery of telomerase, a special enzyme that can prevent the shortening by adding extra pieces of DNA.

Dr. Blackburn addressed this problem by working with a single-celled organism found in pond water known as Tetrahymena. It was particularly suitable because its genome is divided into many small chromosomes so each cell has a large number of telomeres.

While she and Dr. Greider were working with Tetrahymena, Dr. Szostak was studying the same problem in yeast. The two groups in collaboration worked out the basic mechanism of how telomerase works and the special piece of RNA it carries to help elongate the chromosomes. RNA is a close chemical cousin of DNA.

This piece of basic biology soon turned out to have important implications for aging and cancer. Telomerase is usually active only at the beginning of life; thereafter the telomeres get shorter each time a cell divides. When they get too short, a cell is thrown into senescence, meaning that it is prevented from dividing again.

Short telomeres are known to play a role in certain diseases of aging, and may be of more general importance. Telomeres are also important in cancer, a disease in which control of cell proliferation is lost. Cancer cells need to reactivate the telomerase gene, or their telomeres will get steadily shorter, forcing them into senescence. In some 80 to 90 percent of human cancer cells, the telomerase gene has been switched back on, Dr. Blackburn said. Clinical trials are under way to see if cancers can be treated by inhibiting telomerase.

Originally posted at InjuryBoard by Joe Crumley

Crosswalk Mayhem - 2009 Pedestrian Deaths Spike

Joe Crumley — Thu, 01 Oct 2009 20:09:59 GMT

Pedestrian deaths in Minnesota jumped dramatically this year, with more deaths in the first nine months than all of last year. The Department of Public Safety today reported there were already 26 deaths through the end of September, eclipsing the 2008 whole-year total of 25.

The Star Tribune reported:

... this year's spike is unlikely to get Minnesota anywhere close to its all-time totals. Looking at just the past two decades, the state's yearly high is 61 pedestrian deaths in 1991.

The Department of Public Safety is calling for increased driver awareness and asking pedestrians to cross smartly and legally to counter a typically dangerous time of year for pedestrians. In autumn, the department said, there is an increase in foot traffic with school resuming. Also, visibility becomes more challenging for drivers and pedestrians as darkness comes earlier in the evenings. October was 2008's deadliest month for pedestrians with four fatalities.

Officials referenced the upcoming the 2009 Twin Cities Marathon, perhaps the annual peak of pedestrian activity, in the Minnesota Department of Public Safety Press Release. The release also discussed some crucial legal points relating to pedestrians:

Every Corner is a Crosswalk! "Minnesota law states pedestrians must obey traffic control devices, and when no traffic control device is present, motorists must stop for crossing pedestrians within a marked crosswalk or at an intersection with no marked crosswalk."
Where there are signals, pedestrians only have the right-of-way when traffic signals allow.
"Pedestrians must also walk on the left side of the roadway facing oncoming traffic, when possible." This allows pedestrians a chance to react if vehicles swerve off the road.

The reported continued:

DPS is calling for increased motorist awareness of pedestrians and asking pedestrians to cross smartly and legally to combat a typically dangerous time of year for pedestrians. Autumn safety issues include a spike in foot traffic with school in session, as well as visibility challenges as the days become darker earlier. Last year, October was the deadliest month for pedestrian deaths — four were killed.
...

In Minnesota, failing to yield right-of-way to a pedestrian is a misdemeanor and can result in up to 90 days in jail, a $700 fine or both. A jaywalking citation is a petty misdemeanor and can cost up to $95.

Officials also gave some important Safety Tips.

Motorists:

Look for pedestrians
Prepare to stop if a pedestrian is nearing an intersection
Stop for pedestrians within a marked crosswalk - it's the law!
Stop for pedestrians at an intersection with no marked crosswalk — it’s the law!

Pedestrians:

Just because you see the car or truck, don't assume they see you!
Wear bright and reflective clothing
Cross only at intersections or crosswalks
Obey traffic signals
Don't enter a crosswalk if a vehicle is too close or going too fast

Hopefully we can cut these tragic statistics and prevent these needless deaths.

People don't think about the tremendous forces when a steel car weighing thousands of pounds strikes a person of flesh and bone. Maybe they should look at what could happen ... Don't become a victim, like the poor guy in this video.

http://www.youtube.com/watch?v=9ICQ15Es_Ng&feature=fvsr

I was concerned about offending people with graphic violence, so that was a fairly tame video shot from a distance. If you want to really teach your kids the horrors of car v. people collisions, and you have a strong stomach, show them some of these horrific pedestrian-vehicle videos. Warning: some of them will turn your stomach.

Stay safe!

Originally posted at InjuryBoard by Joe Crumley

Foley Woman Killed, Husband Critical

Joe Crumley — Thu, 01 Oct 2009 01:38:11 GMT

A 79 year old Foley woman, Pauline T. Szczech, was killed when the car she was riding in was broadsided Friday in Benton County, Minnesota. Benton County is east of St. Cloud in Central Minnesota. Her husband, Jerome Szczech, 82, was critically injured in the crash.

A Star Tribune story detailed the tragedy:

The Szczeches were stopped to turn left onto Benton County Road 6 near Ronneby, Minn., when they were struck from behind by a 1999 Ford tow truck, according to the patrol. The Szczeches then were pushed into the path of a 2007 Buick Lucerne going west on Hwy. 23.

Pauline Szczech died at the scene, the patrol said; Jerome was airlifted to St. Cloud Hospital.

The tow truck driver, Terry Hilden, 37, of St. Cloud, and the Buick driver, Shirley Playle, 70, of Garrison, Minn., had no apparent injuries, according to the patrol.

Added information was picked up by the St. Cloud Times.

Why does it always seem that the guilty are left uninjured but the innocent are killed or badly injured?

Help with Grief, Help with Legal Questions

Families of wrongful death and personal injury victims should seek immediate help and counseling to deal with the shock of loss.

It's also wise to promptly seek advice from an attorney, however difficult that is at such an emotional time. A lawyer can take some of the burden off the family by helping assure all avenues are addressed. My previous article, Legal Advice after a Wrongful Death, has valuable advice to address both the legal and emotional aspects following such a tragedy.

Our thoughts go out to the families and friends of these folks, and the entire community, and we hope for a swift recover for Jerome.

Originally posted at InjuryBoard by Joe Crumley

Wrong Embryo Mom - The Trials of Saint Carolyn

Joe Crumley — Sun, 27 Sep 2009 13:05:39 GMT

Carolyn Savage thought the last few months were tough. She's really in for it now. If you missed the story, the Ohio woman was implanted with the wrong embryo by her fertility clinic back in February. She decided to carry the child to term. Thursday, she gave birth to the baby boy, and turned it over to the genetic parents.

Paul and Shannon Morell, the new parents, call Savage their 'guardian angel.' I think she's a saint. She didn't have to carry the child. Once she did, it is arguable whether she had any obligation to turn the child over to the genetic parents.

In the upcoming weeks, we may find out how she came to her decisions. She has said that she has a personal opposition to abortion. Or maybe she understood the pain of most couples having to deal with fertility clinics and in vitro fertilization. The London Telegraph reported:

"This was someone else's child,'' she said the day before giving birth. ''We didn't know who it was, we didn't know if they didn't have children or if this was their last chance for a child. We knew if our child was out there, we'd go to the ends of the earth to get our child back.''

Over the following eight months Mrs Savage felt the child growing and kicking inside, knowing all the while he was not hers to keep.

The final paragraphs of the AP report notes that the Savages

... have hired attorneys who say they are
working to make sure the fertility clinic accepts
responsibility.

The response of readers in comments at the end of the Star Tribune story as well as internationally are interesting. The vast majority, almost unanimous, group supports the couple's efforts to secure compensation from the clinic. But there are is a vocal minority that complain that compensation is unnecessary, that hiring lawyers is wrong, and that "It's all about greenbacks." I suppose there's always kooks in every crowd, but if the tort deform cheerleaders can't agree this saint deserves compensation, there's just no hope for them.

To say nothing of the folks that will make it a fight about abortion.

Litigation, a media circus, and typical post partum emotions complicated by the loss of the baby.

Saint Carolyn of Ohio is in for a rough ride.

Originally posted at InjuryBoard by Joe Crumley

Texting - More Deadly than Drunk Driving?

Joe Crumley — Tue, 22 Sep 2009 07:01:00 GMT

We’ve all been in this situation: you’re driving along, using your blinkers and checking your blind spots and behaving in a generally exemplary manner, when your cell phone buzzes. A crisis materializes. You know that you shouldn’t check it. You know that the road requires your complete and undivided attention, and you certainly know that you would never recommend this to your children. But still – it would only take a second. And anyway, is it really that dangerous?

Yes. And even worse, Anderson Cooper may catch you:

http://www.youtube.com/watch?v=kd0acDRFEMY

Alright, so it’s dangerous. But, for argument’s sake, what’s worse: driving while texting, or driving under the influence?

To answer this question, we first need to compare drunk driving to driving while talking on a cell phone. In 2004, researchers at the University of Utah conducted a three-staged experiment: first they placed participants in a simulated course without any sort of distraction, then they gave participants handheld wireless devices and told them to do it again, and then, in probably the most fun part of the day, they gave the participants some vodka with orange juice and then told them to drive the course one last time. The results were unequivocal. Driving while on the cell phone was at least as dangerous as drunk driving, and caused just as many accidents.

More recent investigations have examined the effects of texting on driving. Although a recent article from the New York Times estimates that texting increases the risk of collisions by 23 times, a study from Virginia Tech scales that figure back, finding the risk to be just 2.8 times higher. Still, that’s a considerable increase. To put it in perspective, the same study found that a talking on a cell phone only increased the danger by 1.3 times. Considering that drunk driving and driving on the cell phone are equally dangerous, we find a surprising answer to our original question. Texting while driving isn’t just as dangerous as drunk driving – it’s twice as bad!

That’s why several states are outlawing texting on the road. Minnesota passed legislation banning the activity in August 2008. Similar proposals are making their way through the Tennessee legislature. Minnesota Senator Amy Klobuchar is backing a nationwide texting-while-driving ban.

Contact a lawyer in your state to learn about local restrictions.

Or, even better, just don’t pick up the phone.

Originally posted at InjuryBoard by Joe Crumley

A True Story

Joe Crumley — Sat, 19 Sep 2009 18:48:00 GMT

A crisp and bright October Sunday morning. The kind of morning that inspires drives out of the city seeking clear air and crimson and amber leaves by roads and rivers.

First things first, though. Mom teaches Sunday School and starts her class prep an hour before. Dad is in charge of the kids until class starts, and when the weather is good, a nature walk along the creek fills the time. Today, however, something different.

It's the morning of the marathon. Dad has been drafted by best friend James to handle snack, first-aid, and petroleum jelly for socks at Milepost 18, which James won't reach for a couple hours. There will be plenty of time to reach Milepost 18 after Sunday School. The church is near Milepost 4, and a check of his watch tells Dad the race is just starting, a few miles away.

Dad shepherds the kids to a bridge where the marathon route crosses the creek. Beyond, the parkway is a broad, sweeping curve. Dad has done this before, and remembers the joy of clapping and cheering on the runners. But always in the middle of the course, arriving only in time to see the middle speed runners, like James. For once, he wants to see the first runners, and taste the excitement of the leaders. Dad has told the kids about this. But Dad has forgotten who usually leads the marathon.

The kids began to get bored after a few minutes, as the runners don't appear right away. They cavort and roll in leaves. A few more minutes and a whisper of clapping and cheering is heard in the distance, then builds. At Dad’s yell, the kids come running back to the bridge. They huddle by him at the curb, all leaning out over the pavement, squinting into the distance.

The clapping gets ever closer, as do indistinct yells of encouragement. My eight-year-old boy looks intently down the road. He often does not care or pay much interest in sport, and his attention span may again soon wander.

Suddenly, a small, low-to-the-ground form comes sweeping past the trees through the beginning of the curve. There is a moment of confusion, then recognition. Not a runner, but a man in a wheelchair ... and he's going fast.

Another man in a wheelchair is coming up the outside, gaining on him. They're almost neck and neck as they sweep through the turn, across the bridge toward us.

I look at my son and note the gradual recognition of what he's seeing. His eyes grow big. It’s a wheelchair. Eyes grow bigger.

His legs are really tiny. Atrophied, tucked almost like an afterthought into a pouch on the racing wheelchair beneath a paradoxically strong, rippling, upper body. He really can't walk or run.

My son is a sensitive boy, and his face begins to screw up at the immensity of what he's seeing. A man who cannot walk; a man who cannot run … is … flying. My boy’s eyes gleam and tears form at the corners of his eyes. Enviably large churning biceps, sweating forearms, and gloved hands literally beat power into the spinning rear wheels.

Men who cannot walk are going to win this marathon.

Misreading his expression, I move to comfort him but he brushes me back and responds quickly, almost as quick as the two men now sweeping by us tucked into their machines.

"Go, Wheelchair Guy, Go!” at the top of his lungs, his voice just cracking. I don’t know which of the two racers he is cheering, but it doesn’t matter. Both racers react immediately to the childish sincerity of that yell, which easily pierces the cheers of the other onlookers. The strain of their Herculean duel notwithstanding; both faces break into broad grins at the cheer.

In a moment they have swept around another corner, still neck and neck. Many more wheelchaired racers sweep by; men and women. Tears are streaming down my face, my son’s face, and his older sister.

A quiet interval, and the running men arrive. All their muscles are lean, and their strides rhythmic and effortless. They are some of the most impressive athletes in the world; some have crossed oceans to run and ‘win’ this race. But they are not so impressive as they might have been just a moment before.

The effort, the striving, indeed the full and complete meaning of sport, encapsulated in one innocent, sincere and robust cheer of an eight year old child. A simple expression of what we often struggle to explain in our closing arguments; the value of strength, the value of physical effort and competition. Not tears of sympathy for them, but a shout of encouragement and tears of joy and wonder.

The 2009 Twin Cities Marathon will be run October 4.

Go, wheelchair guy, go.

Originally posted at InjuryBoard by Joe Crumley

In Memory of a Great Man: Bruce Joseph Kane

Joe Crumley — Sun, 06 Sep 2009 11:57:43 GMT

This article is a little different, and very personal to me.

My wife's father and my friend, Bruce Joseph Kane, died Thursday morning after a valiant fight against cancer. “Bruce Bear” was a loving husband and father, a teacher, a mentor and an inspiration. You should have known him.

Bruce served in the U.S. Army in the Korean War and upon returning he attended St. Cloud State University completing his Bachelors degree. He then taught special education in the Minneapolis Public School system for several years before returning to school at Peabody College for Teachers where he received his Masters in Education. His passion for education prompted him to study for his Doctorate from the University of Kansas which he completed in 1974. His teaching career included service in the Minneapolis Public Schools, Hennepin County Home School, Minneapolis Community College and finally in the Ramsey County Work House. Throughout his life he was active in the church serving twelve years as Superintendent of Trinity First Lutheran School and Sunday School. He was a loving and devoted husband, father and grandfather. He will be missed by all. The funeral and visitation will be held at Mount Olivet Lutheran Church at 5025 Knox Avenue South in Minneapolis on Tuesday September 8, 2009. The Funeral begins at 11:00 Am with a visitation one hour prior to the service. Interment Lakewood Cemetery, Minneapolis. Memorials may be directed to Mount Olivet Lutheran Church or Trinity First Lutheran School. I met him when I was 19, and he quickly became like a second father to me. He encouraged me to continue my education at a time when I was unsure of everything.

I learned the story of how he had been working as a plumber’s apprentice after returning from the Korean War, but decided to go back to school. Not only did he finish his high school diploma, but continued on to St. Cloud Teacher’s College (now St. Cloud State University). But he didn’t stop there. As he and his wife worked and raised a son and four daughters, he continued his education, securing a Master’s degree at Vanderbilt University’s Peabody College of Education, and later a Doctorate in Education at Kansas University. He became a lifelong KU supporter, and was thrilled this Fall when his granddaughter recently became a Jayhawk.

When Bruce took a turn for the worse Tuesday night, my daughters left at 10 pm on a 15-hour drive to Lawrence, KS and back to retrieve their cousin so she could say goodbye to Grandpa.

Dr. Kane, who eschewed that honorific, published several important studies on various aspects of the education of incarcerated juveniles while teaching in the Minneapolis public schools, the Hennepin County Home School, Minneapolis Community College and the Ramsey County Workhouse. There are countless students who will credit Bruce Kane with redirecting them from a wayward path.

He was an active member of the church, serving twelve years as Superintendent of Trinity First Lutheran School where he had been married. He was later active at both Mount Olive and Mount Olivet, where many of his children were married and grandchildren were baptized. Many of those grandchildren were by his bedside during his last lucid moments Wednesday night, and spoke to him of all he meant to them while holding his hand and kissing his forehead. “Don’t forget to tell people about his perfect Donald Duck impression and his beard scrugs.” He loved babies, and couldn’t resist sneaking a quick neurological assessment on each new arrival.

He was a lifelong staunch Republican and still a proud Union member. He was always gracious and patient with his left-leaning son-in-law. He taught me about education, responsibility and hard work. In many ways, he showed me how to be a man.

He also taught me how to plumb a bathroom wall, seat a toilet and sweat a pipe. He helped me frame walls, erect sheetrock, and paint whole houses, inside and out. His temporary nickname was “Sparky” as he taught me to be very, very careful while wiring into a hot electrical box, and still blowing the circuits on an entire wing of the Oak Grove Hotel. He was always willing to help everyone. There are sinks, toilets, bathtubs, tile floors and handmade mirrors all over Minnesota that stand testament to his love and care.

He was a friend and a mentor and we miss him.

The Star Tribune Obituary reports the funeral and visitation will be held at Mount Olivet Lutheran Church at 5025 Knox Avenue South in Minneapolis on Tuesday September 8, 2009. The Funeral begins at 11:00 Am with a visitation one hour prior to the service. Interment will be at Lakewood Cemetery, Minneapolis immediately thereafter. Memorials may be directed to Mount Olivet Lutheran Church or Trinity First Lutheran School.

Originally posted at InjuryBoard by Joe Crumley

Fair Value for My Destroyed Car - Part 2 -The Conciliation Court Trap

Joe Crumley — Sat, 01 Aug 2009 06:40:00 GMT

Dealing with Insurance Companies after a car wreck can be a real pain. Your car is destroyed, and you need a new one. Insurance companies don't always agree about the value of your car, or who caused the crash. Sometimes there's no insurance at all. These articles will address a few problems and suggestions for dealing with propert damage problems.

Sometimes a person injured in a car wreck may want to go to Conciliation Court for the car damage? That's a bad idea in Minnesota.

Conciliation Court, also known as "small claims court" or "the People's Court" is a simplified court process to allow small, simple money claims to be decided without a full blown jury trial. It's usually cheaper, quicker, and the rules and procedures are simpler. One catch.... in Minnesota, the loser can pay a fee and appeal a concilation court decision to start over in "full-blown" District Court.

The problem starts when a person injured in a car crash can't get their car damage paid and decides to go to concilation court. Minnesota courts have decided that bringing the concilation court property damage claim can kill any personal injury claim unless it's brought at the same time. So you could win in Concilation court for a few thousand, and not have any personal injury claim to bring.

In the case, called Mattson v. Packman, the court said there may be ways of "undoing" the judgment from the mistaken trip to concilation court.

So if you've been injured and you've gone to conciliation court, call a lawyer. And if you're thinking of going to concilation court.... call a lawyer!

A future installment of this article will suggest alternative ways to get your property damage paid.

Originally posted at InjuryBoard by Joe Crumley

Fair Value for My Destroyed Car - Part I

Joe Crumley — Fri, 31 Jul 2009 06:40:00 GMT

Getting your car damage paid after a car wreck can be a real pain. Your car is destroyed, and you need a new one. Or maybe you just some damage repaired.

Insurance companies don't always agree about the value of your car, or who caused the crash. Sometimes there's no insurance at all. These articles will address a few problems and suggestions for dealing with property damage claim problems.

Admitted liability. If the other driver is insured, and the insurance company admits 100% fault, that company is your best bet. Submitting to the at-fault insurer has several advantages:

· You have no deductible - 100% recovery

· Replacement vehicle payment

· Personal property payment (for those broken golf clubs)

· Rental car payment

Disputes. What happens when the insurance company does not admit 100% fault, or says your car ws worth less than you think? Minnesota law does require the insurer to make a “good faith assignment of comparative fault” the issue is not always easily resolved. Too many insurers adhere to the illegal and false myth that “any driver gets 10% for being there,” but what can you do?

You could sue the other guy in small claims court (conciliation court), but that's probably a bad idea if you're injured. I'll explain why in the next installment

Spouse or co-owner can go to court. If there is a spouse or other co-owner that was not injured in the car accident, they can safely bring the conciliation court property damage action in their own name. As long as they are listed as an owner of the vehicle, they certainly have standing to bring the claim. And it should not interfere with the injury claim.

Your Own Insurance? I you have so-called “full coverage”, including collision and comprehensive coverage, with a relatively low deductible, that may be a better choice when the other guy's insurance is making a lowball offer. You do have to pay your deductible, but then your insurer will try to get all the money back from the other driver's insurance.... and they have to pay you back a fair percentage of your deductible.

What happens, though, when your client’s own company makes a low ball offer on the property damage? Again, the Fair Claims Act requires the insurer to make a fair offer, but reasonable minds sometimes disagree on what’s reasonable.

Many lawyers are unaware that their familiar and well-used remedy of No-Fault Arbitration actually includes first party collision and comprehensive disputes. The rules are the same; in fact, they are literally the same set of rules. Your lawyer can simply take the form out of the desk, assemble the proof, and arbitrate that claim!

Worst case scenario. Finally, if you have no collision coverage, the other driver has no insurance, or the insurer is low-balling the property damage offer, the injured person may have to wait. For example when the car is drivable, you may be best served by waiting until the liability case is tried or settled. If settled, when you’ve gotten their best offer on the injuries, then you can go to Conciliation court.

Sadly, if the car needs to be repaired, you will be on the hook until the PI case is ready to settle.

Originally posted at InjuryBoard by Joe Crumley