St. Cloud Personal Injury Lawyer - car

Gift Cards... Buyer Beware.

Mike Bryant — Sat, 05 Dec 2009 09:15:00 GMT

Representative Joe Atkins recently passed along advice following his legislation concerning gift cards.

According to the National Retail Federation, gift cards are going to be this year's most popular holiday gift. For consumers who purchase gift cards with hidden fees or
expiration dates, however, they could again be this year's biggest
holiday rip-off.

In Minnesota, a two-year-old state law has offered some important
protections to Minnesota consumers by prohibiting expiration dates and
fees on gift cards. But the law only goes so far. To get their money's
worth, holiday shoppers in Minnesota should:

1. Avoid bank cards and cards issued by credit card companies, which
are subject to federal law and still have fees and expiration dates

2. Look closely at the card - even though it may look like it comes
directly from the retailer, the small print may reveal it is a bank card
with fees and an expiration date

3. Avoid cards where you can see the number on the card before
purchasing it - these cards are popular with cyber-thieves who use the
number to make online purchases without having to buy the card

Gift cards are great. But rather than being the gift that keeps on
giving, they can often be the gift that keeps on taking. Expiration
dates and fees erode the value of the cards, sometimes leaving the
recipient with nothing. That’s why I worked with retailers to pass
Minnesota's law. But consumers still need to be careful about what sort
of gift cards they purchase.

Originally posted at InjuryBoard by Mike Bryant

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

Government Contractor's Rape Case Exposes Senators

Mike Bryant — Thu, 03 Dec 2009 09:19:00 GMT

It was nice to see recently elected and finally seated Minnesota Senator Al Franken get his first amendment passed last month. Unfortunately, it was about a very weighty topic. The amendment to the 2010 Department of Defense Appropriations Act prohibiting the government from contracting with companies who require their employees to agree to resolve certain claims, such as sexual assault, through arbitration. The amendment arises from the testimony of Jamie Leigh Jones that she was drugged and gang raped by her co-workers while working for a contractor in Iraq. When she reported the rape to her supervisor, she was locked in a metal shipping crate. She only got out of Iraq by calling her father, who got in touch with their local Congressman in Texas. When she attempted to sue her employer KBR, Inc., a subsidiary of Haliburton, she was told that she had to resolve her claim through arbitration in accordance with her employment contract. Mr. Franken's amendment was to ensure that the government does not do business with a company who would force its employees to arbitrate such a case as rape.

The bill passed but it was voted against by 30 Republican Senators. The Daily show did a good job of calling the 30 out and pointing out their hypocrisy.

http://www.thedailyshow.com/watch/wed-october-14-2009/rape-nuts

After watching this, spend a little time thinking about why these 30 voted as they did. Who are they protecting and who's side are they on? This week, this same group has been leading the floor fight against the Health Care Bill. They have been calling lawyers names, they have been calling for damage caps, and they have claimed that the change isn't for the best. Ask again who's side they are on? It's never been the consumer.

Originally posted at InjuryBoard by Mike Bryant

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

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

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

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

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

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

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

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

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

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

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

Originally posted at InjuryBoard by Mike Bryant

Health Care Shouldn't Be Politics As Usual

Mike Bryant — Mon, 30 Nov 2009 16:47:00 GMT

After the vote to send the health care bill to the Senate floor, there was a round of Republican tweets that predicted that the vote would end the careers of Senators that voted for the bill. That is the way to many of the misguided Senators see this issue. It's simply a political game.

They don't care about the 98,000 people that die each year due to medical errors. These are injuries that are preventable. They don't want to talk about the medical errors, or medical negligence, and the resulting medical malpractice.

Instead, they call for people to trade away their rights to get quality, affordable care. The CBO and GAO have stated time and time again that tort reform will do practically nothing to lower costs. They also found evidence that tort reform could lead to worse patient care. Less accountability will never mean better health care. Forty-six states have already passed some kind of tort reform, and costs continue to skyrocket. It clearly doesn’t work.

It all comes down to the old Bush/Rove anti lawyer mantra. The goal should be to lower costs and insure more people. But, it requires leaders that really want to fix the problem and not just use it to grandstand.

Originally posted at InjuryBoard by Mike Bryant

As Heath Care Bill Goes To The Senate Floor Focus Needs To Be On The Consumer

Mike Bryant — Mon, 30 Nov 2009 09:35:00 GMT

This week, the U S Senate will be debating the Heath care bill. It is expected that the usual Republicans will spend most of their time trying to add amendments to change the civil justice system. To cap damages and bar the courtroom door to the average American. It's the old Bush/Rove plan to attack the lawyers.

They will not want to talk about what is really going on. There is no question that America’s health care system is in crisis. Over 40 million people are without health insurance and costs are skyrocketing. Harvard researchers published a paper that concluded that illness or medical bills contributed to 62 percent of bankruptcies in 2007, up from about half in 2001. More than three-fourths of those with medical debt had health insurance.

The focus should be on how to fix the system. How to lower costs and cover the uninsured. So-called tort reform, or limiting patients’ legal rights, will not accomplish either of these goals. It will only make it harder for those injured through no fault of their own to seek recourse.

According to the Institute of Medicine, 98,000 people die every year from preventable medical errors, with countless more severely injured. Congress must put patients first, and not bargain away people’s legal rights.

Originally posted at InjuryBoard by Mike Bryant

Drunk Driver Hit's Patrol Car

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

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

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

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

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

Originally posted at InjuryBoard by Mike Bryant

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

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

Real Stories Behind Food Poisoning

Mike Bryant — Sun, 22 Nov 2009 09:43:00 GMT

There is a real person behind every food poisoning. I'm reminded of that every time I sit down and talk to a family who has lost a loved one. So many times, we here at the InjuryBoard write this food alert or that outbreak. I try to write each story with an eye toward future safety and what could have been done differently. The point is to prevent another similar incident from happening again. I've appreciated it when I have been contacted after a post by a reader who thanks me for pointing out the safety consideration. I think it comforts people to know that something is being done to prevent future issues and even maybe to save lives in the future.

Locally the story of Stephanie Smith, 22 year old from Cold Spring, Minnesota who suffered severe cramping and diarrhea, then kidney failure and seizures as a result of eating a tainted hamburger. She was in a medically induced coma for nine weeks and since waking up, has not been able to walk. She was known as a dance instructor who loved to work with children.

The New York Times looked at the story and provided not only a heartbreaking video of her loss, but also tracked the story as to what it was that caused this tragedy to happen. How the burger came from frozen hamburger made by Cargill, which saved 25 percent in production costs by using a mix of trimmings and a mash-like product from slaughterhouses in Nebraska, Texas and Uruguay vs. whole meat .

Low-grade ingredients are cut from areas of the cow that are more likely to have had contact with feces, which carries E. coli. Cargill was relying upon the processing plants. The result is the type of product that can sicken people. But in this case changes a young woman's life forever.

A simple example of why we need to work to make the food we eat safer. Too many people have been hurt. Stephanie Smith was one of those.

Originally posted at InjuryBoard by Mike Bryant