St. Cloud Personal Injury Lawyer - Death

Hybrid Cars Are They Too Quiet?

Mike Bryant — Fri, 04 Dec 2009 09:28:00 GMT

I've had the chance to ride in a couple of Hybrids as of late. They seem like nice rides and they get great gas mileage and I like so many said "Man, they are quiet". OK, maybe not everyone said it that way, but it was at least the same idea.

But, are the cars too quiet? The silence for a pedestrian could be deadly, As a result, human factors/ergonomics researchers recently went to work on a study to examine participants' preferences for sounds that could be added to quiet vehicles to make them easier to detect. The National Federation for the Blind recently called for all cars to, at a minimum, emit a constant sound.

It's important to think about the old, young, and those who depend upon sound to navigate the world. Quiet cars don't do that. The U.S. Congress has considered the Pedestrian Safety Enhancement Act of 2008, which would require the Secretary of Transportation to study and implement regulations for hybrid, electric, and other silent-engine vehicles to emit non visual alerts for pedestrians. Hopefully, more protections will come from looking at this issue.

Originally posted at InjuryBoard by Mike Bryant

Sometimes Out Of Tragedy Comes Future Help

Mike Bryant — Sat, 28 Nov 2009 09:59:00 GMT

Doing as many wrongful cases as we have we deal with all types of families who have lost loved ones. There are many ways that people react. Usually it starts with shock and then moves into anger and sorrow. Each person deals with the loss in different ways.

It is nice to see when people learn from these deaths. That people think about the ramifications of speeding, drunk driving or texting while driving. It's a hard lesson, but it's important that we continue to drive the road deaths down.

I ran across two examples of people that have taken their griefs and worked to ensure that others benefit from their loss:

In Delaware, a dangerous intersection was improved with signs after family members of a decedent testified about the area. Local residents could cite problems going back 7 years. An accident reconstructionist, who our office has used a number of times, testified that the intersection was a "death trap". But, it was people who had suffered who could bring the message home. It is unimaginable to go through this, but thankfully for others , they used the event to help others.

In another example , the father after the death of his daughter, went to work on an invention to not let it happen again. She died when, due to the glare of the sun, the car she was in rear ended a semi truck. He went to work on inventing a windshield that automatically adjusts based on changing light conditions. A couple of major car manufactures are looking at his patent.

There are many examples of those who testify at the legislature, speak at schools, and look for ways to prevent future deaths. Sympathy goes out for their losses and thanks for their positive impact on society.

Originally posted at InjuryBoard by Mike Bryant

Wright County Head On Collision Kills Teenage Driver

Mike Bryant — Tue, 24 Nov 2009 20:01:00 GMT

Saturday evening, a head on collision in Wright county killed a teenage driver. He had been driving a westbound 1998 Toyota Camry that hit a eastbound 2001 Chevrolet Silverado pickup.The collision was reported at 6:25 p.m. Saturday on Wright County Road 35, near Jamison Avenue.

The county sheriff is still investigating the cause of the impact.

This death, was the second reported highway death this past weekend. The tragedy comes two months 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.

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. In this accident sorrow for the families and friends of those involved goes out.

Originally posted at InjuryBoard by Mike Bryant

Drunk Driver Found Guilty For Killing Woman After Running Red Light

Mike Bryant — Tue, 24 Nov 2009 17:15:00 GMT

Late last week, a Crystal man was found guilty of fleeing police and causing the April 18 death of a woman after he sped through a red light at the top of an exit ramp off Interstate 35E and crashed into the car she was riding in with her husband. Hopefully, her family will find a little solace in the drivers going to prison. Sympathy goes out to all those that suffered from this loss.

Recent research indicates that deaths involving motor vehicles are down in Minnesota, but deaths linked to drinking and driving have also increased. The rules are simple and must always be followed:

Don't Drink and Drive
Use designated drivers
Always remember that the more you drink, the more your odds of making bad choices increase.
As drivers on the road: It's also worth keeping in mind, the deadliest roads in Stearns county to try to stay away from at night.

Originally posted at InjuryBoard by Mike Bryant

Stork Craft Recalls 2.1 Million Drop Side Cribs

Mike Bryant — Mon, 23 Nov 2009 22:16:03 GMT

Today, The U.S. Consumer Product Safety Commission and Stork Craft Manufacturing Inc., of British Columbia, Canada recalled 2.1 million Stork Craft drop-side cribs. drop-side plastic hardware can break, deform, or parts can become missing. In addition, the drop-side can be installed upside-down, which can result in broken or disengaged plastic parts. All of these problems can cause the drop-side to detach in one or more corners. When the drop-side detaches, it creates space between the drop-side and the crib mattress. The bodies of infants and toddlers can become entrapped in the space which can lead to suffocation. Complete detachment of drop-sides can lead to falls from the crib.

CPSC, Health Canada, and Stork Craft are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments; 12 in the U.S. and three in Canada. Four of the entrapments resulted in suffocation: a 7-month-old in Gouverneur, N.Y.; a 7-month-old in New Iberia, La.; a 6-month-old in Summersville, W.Va.; and a 9-month-old in Bronx, N.Y. Included in these incidents are 20 falls from cribs; 12 in the U.S. and eight in Canada. Fall injuries ranged from concussion to bumps and bruises.

http://www.youtube.com/watch?v=t2JehETgNjc&feature=player_embedded

The cribs involved in these incidents had plastic drop-side hardware that had broken, missing, or deformed claws, connectors, tracks, or flexible tab stops; loose or missing metal spring clips; stripped screws; and/or drop-sides installed upside-down.

The cribs were sold at major retailers including BJ’s Wholesale Club, J.C. Penney, Kmart, Meijer, Sears, USA Baby, and Wal-Mart stores and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com from January 1993 through October 2009 for between $100 and $400.

This recall includes Stork Craft cribs with manufacturing and distribution dates between January 1993 and October 2009. This recall also includes Stork Craft cribs with the Fisher-Price logo that have manufacturing dates between October 1997 and December 2004. The Stork Craft cribs with the Fisher-Price logo were first sold in the U.S. in July 1998 and in Canada in September 1998. The cribs were sold in various styles and finishes. The manufacture date, model number, crib name, country of origin, and the firm’s name, address, and contact information are located on the assembly instruction sheet attached to the mattress support board. The firm’s insignia “storkcraft baby” or “storkling” is inscribed on the drop-side teething rail of some cribs. In Stork Craft cribs that contain the “Fisher-Price” logo, this logo can be found on the crib’s teething rail, in the manufacturer’s instructions, on the assembly instruction sheet attached to the mattress support board, and on the end panels of the Twinkle-Twinkle and Crystal crib models.The cribs were manufactured in Canada, China and Indonesia.

Consumers should immediately stop using the recalled cribs and wait for the free repair kit, and do not attempt to fix the cribs without the kit. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side. Stork Craft can be contacted at (877) 274-0277or through their website www.storkcraft.com

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

Eden Prairie Crash Leaves One Dead

Mike Bryant — Sun, 22 Nov 2009 22:56:00 GMT

Friday night, A man died after his car going south on Flying Cloud Drive crossed into the northbound lanes and hit a another car head-on. The driver of the northbound car was hospitalized. There were also two minors that were passengers and said to be unharmed. Investigation continues as to what happened.

This death, like any other on Minnesota roads is particularly unfortunate considering it comes two months 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.

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

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

Defensive Medicine: There Is Someone On The Defense All Right

Mike Bryant — Sat, 21 Nov 2009 17:07:00 GMT

The conservative blogs are loaded with talk of tort reform. We here at the Injuryboard continue to write about it. Guess the claim that no one is talking about it, is not only false, but intentionally misleading. It's interesting, how many of these posts get a comment with a link to the town hall site, which is claimed to have all of the answers. I spent some time looking at the link and it really does defy logic.

There is a section on defensive medicine and the very next section is entitled: "There Is No Proof That Threats of Litigation Deters Injuries" . What?????????????????? The reality is that while they use some facts, they stretch those facts and push frivolous arguments to come to a conclusion that fits for them. Even their damages charts distort the numbers to include extra fees that I would guess is the defensive medicine that actually the plaintiff was injured from. I would expect the executive compensation or medical charges costs includes even less for the injured consumer.

If you still have questions spend a little time with the American Association for Justices paper on the issue of the defensive medicine claim.

Ask the tough questions:

What tests are doctors doing that are actually not needed?

Have they ever found cancer or other medical life threatening issues with those tests?

Who got the money for those tests?

Why are so many people still dying in American hospitals?

Would more tests actually reduce the number of claims and keep more consumers alive?

My guess is that anyone claiming the existence of these tests really won't want to answer these questions. Mainly, because it simply doesn't happen and if it does they are involved in FRAUD. But, let's keep talking about it.

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