Injuryboard Commentary - Bryant

Roundabouts:Mendota Heights To Get One

Mike Bryant — Fri, 04 Dec 2009 17:22:00 GMT

Internationally, roundabouts are a common road configuration. As time has passed, they have increasingly become an option in the United States as an attempt to slow traffic and utilize limited road space. Recently, more of them are showing up in Minnesota. Recently, the Mendota Heights City Council approved a roundabout at Visitation Drive and Mendota Heights Road, the intersection closest to Convent of the Visitation School.

Last week, I happened to drive on the couple out near Hutchinson. They look good and once people get the hang of them, they should meet their goals. Federal studies have shown that roundabouts drop the number of overall crashes by 35 percent and the number of injury crashes by 76 percent.

Hopefully as more people use it we will all see the benefits. With more roundabouts coming to the surrounding counties it will be something that more Minnesotans will need to get used to. The New York Transportation Department has posted a number of very helpful animations as to how to best use these changes. Simply getting used to slowing down should help, as reaction times will be longer and most impacts should be less severe.

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

Arizonian Arrested After Hit And Run In Todd County

Mike Bryant — Wed, 02 Dec 2009 20:19:00 GMT

Thursday afternoon, a hit and run driver was arrested by the Todd County Sheriff. The pick up driver had hit a 71 year-old man and left the scene. Witnesses were able to describe the truck and spotted one matching the description in a driveway. The pedestrian was injured and taken to Long Prairie Memorial Hospital.

Often when the drivers are tracked down, it is determined that the driver was drunk, high or driving with no insurance. If you or a family member is ever involved with a hit and run driver, it is imperative that the police be contacted right away and they be told everything so that an investigation can be successful. All witnesses need to be spoken to and all evidence will need to be preserved.

This is also the time when you learn how good your own insurance coverage is. Your No Fault PIP coverage will be needed to cover your medical bills, wage loss, medical mileage and replacement services. If you have more than one car on your policy, hopefully you have stacked coverage which multiplies your minimum limits by your cars. The other coverage that will come in to play is your Uninsured motorist coverage. This is the coverage that you have to protect you when the other car has no coverage or is nowhere to be found. As I pointed out previously and other members has advised, this may be a vital coverage as more people are forgoing insurance coverage in tough economic times.

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

Was It Alcohol? A Deer? Or Both That Caused SUV Rollover?

Mike Bryant — Sat, 28 Nov 2009 21:12:59 GMT

Wednesday night, a SUV rolled after leaving northbound Hwy. 169, north of Garrison. The driver and a passenger where injured. The driver told the State Patrol that a deer caused the incident. Initial reports are that alcohol was detected on the driver. The passenger was taken to the St Cloud Hospital.

While there is no liability claim for the driver of the car, passengers may still have a claim for liability depending on the facts of the collision. It is important that these case be investigated early by an Attorney who does this type of work. Hopefully, both of these people will heal up quickly.

The Minnesota Department of Traffic Safety's "Crash Facts 2007" indicated that there were 3,144 vehicle-deer accidents reported last year with 336 injuries and six fatalities.

The Duluth News Tribune recently published some helpful suggestions:

Rule 1: Treat every deer as if it’s going to cross in front of you. If you assume a deer feeding on the shoulder is going to hold its position until you have gone by, you’re just an accident waiting to happen.

Rule 2: Drive according to the conditions. If the night is foggy, rainy, or slippery, you might not be able to prevent a collision, but you can minimize the damage if you’re driving slowly enough. Don’t just speed along and hope nothing gets in your way.

Rule 3: Keep your eyes on the road at all times. You may only have a second or two to react to a deer crossing the highway. If you’re not an attentive driver, you can get hurt.

Questions as to what happened in this case will need to be answered.

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

There Are Far Too Many Bullies In School

Mike Bryant — Fri, 27 Nov 2009 09:48:00 GMT

I've written before about the school assault bill that got passed on the last day of the legislative session, but was later vetoed. It was the anti-bullying bill. It's intent was to add sexual orientation and physical appearance to the sorts of bullying not allowed in schools.

With the veto the Governor did say that he would direct Department of Education Alice Seagren to review the existing anti-bullying policy and to contact school districts to ensure they are meeting the requirements of the current law, which was implemented in 2005.

The Minneapolis Tribune recently had a real life story that is heartbreaking. Their 12 year old son:

an honor student who faced merciless teasing on the school bus, came home on the afternoon of Feb. 8, 2006, went into the family's barn and hanged himself.

Numbers from the National Coalition of Anti-Violence Programs suggest that something needs to change. In Minnesota, there were 73 cases of hate crimes committed in 2008, a 48 percent increase. There was a 185 percent increase in the number of incidents involving violence, and a 20 percent increase in the number of incidents involving more than one assailant.

The Children's Exposure to Violence: A Comprehensive National Survey, was published by the Office of Juvenile Justice and Delinquency Prevention with support from the Centers for Disease Control and Prevention found that:

More than 60% of youngsters had either direct or indirect exposure to violence within the past year
Nearly half the children surveyed were assaulted at least once in the past year, and more than one in 10 were injured as a result.
Nearly one-quarter of the children were the victim of a robbery, vandalism, or theft.
About 10% were victims of maltreatment (including physical and emotional abuse, neglect or a family abduction), and one in 16 were victimized sexually.

There is a debate as to if these increased numbers are due to better reporting, but the numbers are so big, it is imperative that this issue be revisited this next session.

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

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

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