Injuryboard Commentary - Personal Injury

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

Crashing Head-on Into a Deputy Sheriff, Not the Best Day You've Had

Steve Lombardi — Thu, 03 Dec 2009 12:01:00 GMT

What caused 21 year old Travis Scott to veer straight into oncoming traffic?

That is the question Council Bluffs police are asking after the accident in the late hours of October 9^th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin that left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23^rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation. Yeah ... I guess you could say that.

This accident happened just before midnight on a Friday, involving two 21-year-olds and another one of 20 years. So what was the driver doing that caused this young driver to cross the center line and crash into the deputy? What were the distractions? Answer that question and the deputy will probably have an answer to what made them cross over the center line. Let’s see crashing head-on into a deputy sheriff’s car. I’d have to say that’s not the best day you can expect in your life.

In this instance the legal questions are:

1. Who was at fault and why?

2. Will the deputy sheriff file a workers' compensation claim and a personal injury claim against the other driver?

3. Will the passengers file claims against the young driver or were they also at fault for what was going on that created the distraction for the driver?

The threat of injury to law enforcement is about being on-the-road as much as it is in making an arrest.

http://www.youtube.com/watch?v=ecjB1D2l4yY

Originally posted at InjuryBoard by Steve Lombardi

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

Minnesotans Live a Long Time

Joe Crumley — Tue, 01 Dec 2009 17:56:11 GMT

The front page of the St. Cloud Times lists deaths in the area, and today’s caught my eye. It is accurately reproduced below, with the ages highlighted:

Madolin Bay, 91, Glenwood
Melvin Beranek, 84, Foley
Doris Butcher, 88, Onamia
Annie Francis (Saumer) Carlson, 94, Isle
Ruth Christ, 90, Shakopee, formerly of Princeton
Allyn Davidshofer, 89, Cold Spring
Eldon H. Lockhart, 100, Sauk Rapids
Norma Elaine (Soberg) Norling, 76, Brainerd
Robert E. Riddle, Sr., 81, Little Falls
Geraldine L. Wieczek, 85.

Wow. the lowest age was 76, the average was 87.8!

Is there something in the water up here? I'm sure the families of all these people are grieving their loss, but they must also be praising the long lives these folks had.

It got me thinking, how does life expectancy in Minnesota stack up? Pretty high on the list, according to a story from Business Week. The story noted:

Minnesota is one example of how income isn’t necessarily correlated with life expectancy. The Harvard study found that low-income, white rural populations in the North, including Minnesota, the Dakotas, Iowa, Montana, and Nebraska, have life expectancies of 76.2 years for men and 81.8 years for women. That’s substantially more than 98% of the average white population. Many counties in the “Land of 10,000 Lakes” fared well in life expectancy, but Nicollet County was the top at 81.1 years.

Here's a chart ranking the states from a recent study:

Rank

State

Life Expectancy

1

Hawaii

80.0

2

Minnesota

78.8

3

Utah

78.7

4

Connecticut

78.7

5

Massachusetts

78.4

6

New Hampshire

78.3

7

Iowa

78.3

8

North Dakota

78.3

9

Rhode Island

78.3

10

California

78.2

11

Vermont

78.2

12

Colorado

78.2

13

Washington

78.2

14

Wisconsin

77.9

15

Idaho

77.9

16

Nebraska

77.8

17

Oregon

77.8

18

South Dakota

77.7

19

New York

77.7

20

Maine

77.6

21

Florida

77.5

22

Arizona

77.5

23

New Jersey

77.5

24

Kansas

77.3

25

Montana

77.2

26

Alaska

77.1

27

New Mexico

77.0

28

Virginia

76.8

29

Delaware

76.8

30

Texas

76.7

31

Pennsylvania

76.7

32

Wyoming

76.7

33

Illinois

76.4

34

Michigan

76.3

35

Maryland

76.3

36

Ohio

76.2

37

Indiana

76.1

38

Missouri

75.9

39

Nevada

75.8

40

North Carolina

75.8

41

Georgia

75.3

42

Kentucky

75.2

43

Arkansas

75.2

44

Oklahoma

75.2

45

Tennessee

75.1

46

West Virginia

75.1

47

South Carolina

74.8

48

Alabama

74.4

49

Louisiana

74.2

50

Mississippi

73.6

51

District of Columbia

72.0

Data: Harvard University Initiative for Global Health and the Harvard School of Public Health

Life expectancy is something to which lawyers and insurers pay close attention. If a person suffers a permanent injury, that means they will carry that pain and suffering for a very long time. That's one reason an insuarnce company will often pay a lot more for an injury to a 30-year-old than the identical injury to a 70-year-old.

But when highly qualified personal injury lawyers argue these claims with insurers, we point out a 70-year-old Minnesotan is just getting started!

We look for the opposite when a settlement is structured, as I pointed out in my Spring 2007 Practice Pointers Column:

Structured Settlement Specialist Tom Dunlap taught me another use of the [Life Expectancy] tables... When we buy structured settlements with lifetime benefits, we want the annuity company to use the lowest life expectancy, since this will tend to increase the amount of the periodic payments the company is willing to pay.... Tom indicates that an excellent specialist will investigate the medical records to see if there is anything that the insurer can use to reduce the life expectancy of the plaintiff. In many situations, the plaintiff receives millions of dollars more with a rated life expectancy!

Now, everything will be just fine if we can get Hawaiian InjuryBoard lawyer Wayne Parsons to lend us Minnesotans the weather they have in his #1 state.

Originally posted at InjuryBoard by Joe Crumley

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

Increased safety needed for DC Metro Subway, train and bus drivers

Doug Landau — Sun, 29 Nov 2009 22:48:00 GMT

After four metro drivers have been injured in train accidents since June, it appears that greater safety training is needed by DC Metro. Union officials have also called for more safety training for new and existing subway train operators. Having tried cases where the employer tries to rely on the injured workers' signatures on a safety book, DC workplace accident lawyer Doug Landau knows firsthand that there must be actual, "hands on" safety training, and that such safety training must continue throughout a train, bus or Metro driver's career. Personal injury lawyer Landau notes that the National Transportation Safety Board is investigating the spate of accidents on the DC Metrorail system. Because these "common carriers" are subject to special rules and responsibilities when passengers are injured, the ABRAMS LANDAU trial attorney calls upon the District of Columbia Government to step up its safety training and accident prevention procedures.

A subway, train, railroad, ferry, bus and shuttle service are all generally Common Carriers. They convey passengers without refusal if the approved fare or charge is paid. The second definition in the Blacks Law Dictionary goes on to state that a Common carrier is “One who holds himself out the public as engaged in business of transportation of persons or property from place to place for compensation, and who offers services to the general public.” If you or someone you know has been injured in a Metro train, bus or subway car crash, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Drunk Driver Charged With Killing Buffalo Teen

Mike Bryant — Sun, 29 Nov 2009 21:17:00 GMT

Last week, I looked at the head on collision that killed a Buffalo High student on Wright County Road 35. At that time there were questions about how this could happen. The road is straight there. Why would a pickup cross the center line? Investigation has now disclosed that the truck was speeding, had no headlights, was in the wrong lane, and the driver had been drinking.

The Minneapolis Tribune captured the feelings of the family in the way you see so often in these case:

"It seems like each day we find out a little bit more about this," said Adam Hoglund, Kramnic's uncle. "It's hard not to be incredibly angry."

.................................

(The) family is anticipating the next day in court. "We'll be there every step of the way to see he gets what's coming to him," Hoglund said.

The driver has been charged with two counts of criminal vehicular homicide in the death.

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

Rank	State	Life Expectancy
1	Hawaii	80.0
2	Minnesota	78.8
3	Utah	78.7
4	Connecticut	78.7
5	Massachusetts	78.4
6	New Hampshire	78.3
7	Iowa	78.3
8	North Dakota	78.3
9	Rhode Island	78.3
10	California	78.2
11	Vermont	78.2
12	Colorado	78.2
13	Washington	78.2
14	Wisconsin	77.9
15	Idaho	77.9
16	Nebraska	77.8
17	Oregon	77.8
18	South Dakota	77.7
19	New York	77.7
20	Maine	77.6
21	Florida	77.5
22	Arizona	77.5
23	New Jersey	77.5
24	Kansas	77.3
25	Montana	77.2
26	Alaska	77.1
27	New Mexico	77.0
28	Virginia	76.8
29	Delaware	76.8
30	Texas	76.7
31	Pennsylvania	76.7
32	Wyoming	76.7
33	Illinois	76.4
34	Michigan	76.3
35	Maryland	76.3
36	Ohio	76.2
37	Indiana	76.1
38	Missouri	75.9
39	Nevada	75.8
40	North Carolina	75.8
41	Georgia	75.3
42	Kentucky	75.2
43	Arkansas	75.2
44	Oklahoma	75.2
45	Tennessee	75.1
46	West Virginia	75.1
47	South Carolina	74.8
48	Alabama	74.4
49	Louisiana	74.2
50	Mississippi	73.6
51	District of Columbia	72.0