Injuryboard Commentary - personal injury

Winter Brings Tough Driving To Southern Minnesota

Mike Bryant — Tue, 08 Dec 2009 23:47:47 GMT

A real winter reminder is giving us very tough driving all over Southern to Central Minnesota. The Minnesota Department of Transportation has a winter-storm warning today through Wednesday for the Twin Cities and much of east-central Minnesota. A Blizzard Warning has been extended to the counties just south of the Twin Cities and south central and southeast Minnesota along the I-90 corridor. Tuesday afternoon, the Minnesota State Patrol had logged 186 accidents in the metro area alone.

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.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Minnesota State Patrol Has Increased Holiday DWI Patrol

Mike Bryant — Tue, 08 Dec 2009 12:42:00 GMT

This past week, law enforcement groups in Minnesota have been stating that DUI patrols will be increased for the holiday season. Since a lot of our work is in Stearns County, which ranks Sixth deadliest county for DUI deaths in the State of Minnesota this is significant news. The patrol is an effort to combat that problem.

In the Duluth News Tribune, Dr. Christopher Delp, an emergency physician at St. Luke’s, in Duluth pointed out:

December is the busiest month in the emergency room for motor vehicle crashes. Almost 40 percent of the major trauma victims have alcohol levels well above the legal limit, he said. Walking into the waiting room and seeing the hopeful faces of a victim’s family and friends — and then having to tell them that their loved one is in critical condition or has been killed by a drunken driver — is one of the most difficult jobs he must do.

The announcement is intended to remind people of the dangers of drinking and Driving and also add to the ongoing discussion about the problem. With the number of deaths caused by driving while intoxicated increasing in the State, this is a noble effort.

It's important we all keep the following in mind:

Don't Drink and Drive

Use designated Drivers

Always remember that the more you drink the increase chance you will make bad choices.

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

Senator Delay, Senator Defend, And Senator Defend: Do The Job For Insurance Companies

Mike Bryant — Mon, 07 Dec 2009 23:17:14 GMT

We have talked about the insurance company strategy of Deny, Delay, Defend many times here at the Injurboard. A couple of companies have almost come right out and admitted that is their strategy. Say no. Some people will go away. Say you need more time. Some people will die or give up. Say Hell No! Some people will not have the resources or the help to fight. It is the way to push the unrepresented around.

Well should we be surprised the tactic is at the heart of what the Republicans are doing in the Senate with the Heath Care Bill? How do we know? They told us.

Here is the whole letter and supporting documents.

If you think maybe they are doing what's right for the consumer. Keep in mind, many of these same Senators had the chance to do something about health care in the past. They didn't. Just like insurance companies could pay the bills they are responsible for.

Originally posted at InjuryBoard by Mike Bryant

Where Do The Doctors Go?

Mike Bryant — Mon, 07 Dec 2009 09:56:00 GMT

There has been an going mantra from fans of tort reform that the main reason you need medical malpractice change is that doctors are quitting and fleeing states because of premiums. Many of the writers here at the Injuryboard have looked at this issue. There really doesn't seem to be support for the claim.

But, there are areas that are seeing reduced numbers of doctors. The question is why? A special report may have found some of them. The report found:

Doctors have been flocking to the area and surrounding Westchester County since the 1970s, drawn in part by an upper-class clientèle who demand top-notch medical care and have the means to pay for it.

The answer was that money is what drove doctors to an area. Is that why Texas , with it's high medical costs, is seeing more doctors in the area? As TortDeform recently pointed out:

Ask a doctor if they’d rather practice in White Plains, where everyone has health insurance and the doctor risks being sued, or if they’d rather practice in the California central valley (or any other poor, uninsured area) and be completely immune to malpractice lawsuits. Most doctors are going to pick White Plains because money matters.

It's time that we get beyond the myths and into what, not only makes sense, but also is the reality of what is going on. Minnesota doesn't have damage caps and it has medical facilities continuing to sprout up all over.

Originally posted at InjuryBoard by Mike Bryant

I-94 Head On Collision Sends Two To The Hospital

Mike Bryant — Sun, 06 Dec 2009 22:46:00 GMT

Saturday night, a Toyota Tundra hit a Toyota Sienna sending a mother and her son to the hospital. The Tundra was driving wrong way on a ramp from I-94 at 49th Avenue. Five other children were also injured in the van with the hospitalized pair. Investigation continues, but it is suggested that alcohol played a role.

Originally posted at InjuryBoard by Mike Bryant

Heath Insurance Coverage Shouldn't Be A Deterrent To Rape Reports

Mike Bryant — Sun, 06 Dec 2009 19:51:00 GMT

Interesting series in the Huffington Post last week, which looked into the issue of what happens to women who make certain kinds of medical claims. Spotlighted were the cases of women who, after being raped, needed to go through courses of HIV protection measures or who needed post-traumatic care.

Imagine even having to consider whether to report the brutality of being raped because you might later be denied for a preexisting condition. This is just an almost unthinkable deterrent.

It is the quandary that so many insurance companies profit from. The reason for the ongoing fairy tail that there is a litigation explosion out there. They profit from getting as many people as possible to buy more and more coverage. You never know when you will be sued, get sick, suffer a loss. Alternatively, they scare the heck out of people from ever using their coverage. Rates will go up, I will be denied, and I won't be able to get future care.

Just another reason why the health care debate needs to be about the consumer. That real issues , involving real people have to be at the center of any debate. This is not a time for profits over people. It is also most likely the reason why, just like in auto claims, the insurance companies have gone to the old Delay, Deny, and Defend policy.

Originally posted at InjuryBoard by Mike Bryant

The Senate Health Care Debate Continues To Be About Money Instead Of Consumers

Mike Bryant — Sun, 06 Dec 2009 17:05:22 GMT

I've written a number of times about what the issues should be at the heart of the health care debate: making sure more people have insurance, helping businesses that are being crushed by insurance costs, and most importantly, making sure we have good care. Of course, to do these things we have to talk about how to pay for them. But, I've been watching the debate for a week now, and continue to see opposition speakers get up and ignore the consumer. You can't be surprised, considering so many of them have been there for a long time and for the most part never even brought up the health care issue.

Instead it has been a stream of classic Bush/Rove attacks against the lawyers. Today, Sen. Ensign offered an amendment which would limit contingency fees in medical malpractice lawsuits to 33% of the first $150,000 of the total amount recovered by judgment or settlement, and 25% of any amount recovered in excess of the first $150,000 recovered by such judgment or settlement. The amendment also calls for the periodic payment of successful judgments.

Who does this bill help? Less people would be able to bring meritorious claims and the liability insurance companies would save money. Bad doctors could keep making money or at least feel safer in their malpractice work. The defense could spend all the money they want and delay more claims. And when a jury says they are supposed to pay, they get more time and a payment plan to do it. How does this make sense to anyone?

This idea doesn't even directly save the system money. The proponents argue indirect savings, but every such argument has been shown to be inaccurate:

Saving through the reduction of defensive medicine:

Tort Reformers Ask: "What? You asked for an X-ray!" Bah! Humbug!,Steve Lombardi, October 19, 2009 10:14 AM

Saving of reduced junk law suits:

I sn't Tort Reform Only About Frivolous Cases?, Wayne Parsons , October 25, 2009 2:08 PM

Savings through better care:

Health care Reform Must Put Patients First Because Medical Errors Happen All Too Often, Christopher Nace, November 16, 2009 10:00 AM

The shining example of Texas:

Straight Talk on Tort Reform from Texas, Bret Hanna , November 23, 2009 11:20 PM

The contingent fee system is only way that many Americans have any chance of being allowed the "key to the courtroom." People who have already suffered an injury, have medical bills and no income can only fight when they have the backing and support to do so. It is a protection that helps fulfill the basics of the 7th Amendments and protects vital consumer protections.

93,000 people die each year from medical errors. This amendment does nothing to make things safer. It does nothing to insure people have a remedy when wronged. Most of all it does nothing to deal with the real issues of the health care debate.

When the amendment comes up this afternoon, it needs to be stopped.

Originally posted at InjuryBoard by Mike Bryant

Weather, Speed, And Holiday Cheer: Time To Be Extra Safe On The Roads

Mike Bryant — Sun, 06 Dec 2009 10:26:41 GMT

The first week in December has again seen an increase in highway deaths. Hopefully, this isn't a sign of what is coming for the rest of the month. It is important with so many people rushing around and holiday parties starting up, that we all keep a little better look out.

Saturday night, a truck went the wrong way on the 49th Ave. Ramp on I-94 and hit a mini van head on. A passenger in the van lost her eight month old unborn child. She and her 10 year-old son are in critical condition, and four other children, ages three to nine, were also hurt. The truck driver is suspected of being drunk according to the Minnesota Sate Patrol.
Friday afternoon, a 23-year-old Watkins man died when his 1996 Saturn was hit by a 1995 Jeep Cherokee in Meeker county. The jeep failed to yield at 642nd Avenue and 365th Street in Forrest Prairie Township, according to the Meeker County Sheriff’s Office.
Thursday afternoon, A pickup truck and sedan collided at the intersection of County Road 45 and County Road 9 in Farden Township , according to the Hubbard County Sheriff's Office. The driver of the pickup truck and a passenger in the car were each ejected. Both were pronounced dead on the scene. The Hubbard County Sheriff's Office is still investigating the accident.
Tuesday afternoon, a 78 year old Roseville woman died in a seven car chain-reaction crash on County Road C at Snelling Avenue. Six eastbound vehicles were at a red light on County Road C when a westbound minivan hit the woman's vehicle at high speed, pushing it into the next vehicle and so on, the Roseville police said.

The 2009 numbers have continued to drop. Weeks like this still cause concern. With the holidays and winter type conditions, hopefully people will be careful. More will be found out over the coming weeks as to the causes of each of these collisions, so it's to early to tell if the common causes of speed and alcohol were involved in any of the incidents. In all of these cases sorrow for the families of those involved goes out.

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 on the same topic.

Originally posted at InjuryBoard by Mike 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

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