Injuryboard Commentary - wrongful death

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

Jury awards $89 million against drunken driver in fatality collision

Jeremy Thurman — Tue, 01 Dec 2009 17:22:17 GMT

According to stlttoday.com a Missouri jury has awarded $89 million in damages to the family of a man killed in a 2008 crash with a drunken driver, and to the man's fiancée and daughter.

According to the article, the lawyer for the family stated

he doubts his clients will ever see a fraction of the money. But he said the jury's disgust with drunken driving was unmistakable.

The story further details the egregious facts of the case. It states

that Troy Zerna, 20, at the time at the crash, was already driving on a hardship license after a previous DWI when he caused a head-on collision Feb. 2, 2008, on Highway 100 near Gray Summit.

Zerna's blood-alcohol level was 0.20 percent, 2 1/2 times the legal limit to drive, according to Missouri Highway Patrol testimony at the trial.

This is a prime example of a jury sending a clear and unequivocal message to all those who dare drink and drive. The general public is fed up with losing fathers, mothers, sons and daughters to people who purposefully risk the lives of others by drinking and driving. While this verdict took place in Missouri residents of Oklahoma should take note. The size of the award (which very little will likely be recovered) is a lesson about accountability, not collectability.

Originally posted at InjuryBoard by Jeremy Thurman

Marshall County Tractor-Trailer Accident Kills Three Oklahomans

Jeremy Thurman — Tue, 01 Dec 2009 11:48:30 GMT

According to newsok.com, a tragic tractor-trailer collision has taken the life of a man, woman and a 2-year-old boy. Apparently, these individuals died on a Marshall County highway Monday afternoon after a tractor-trailer rig slammed into their car near Kingston in southern Oklahoma.

According to the article

Erin Hudson, 31, and 2-year-old Paul Hudson, along with a 33-year-old man whose name hasn't been released, all died at the scene after the big rig slammed into the passenger side of the car, the Oklahoma Highway Patrol reported.

Investigators said the collision occurred at 12:49 p.m. after driver Erin Hudson failed to yield at a stop sign as she entered U.S. Highway 377 from State Highway 32.

This accident underscores the tragic consequences that can occur when a tractor-trailer collides with an automobile. Our prayers and sympathies are with the families of those lost.

Originally posted at InjuryBoard by Jeremy Thurman

Things to Never Tell an Adjuster – “I’m Not Injured”

Jeremy Thurman — Wed, 25 Nov 2009 10:13:00 GMT

As an Oklahoma City car accident attorney a common battle I face on a daily basis is the adjuster telling me I have your client recorded stating “I’m not injured.”

In almost every circumstance, the adjuster has two goals when he or she makes contact with you immediately following an automobile accident. First, they always want you to say that your “at fault.” Secondly, if there is no way around liability, they want you to say “I’m not injured.” Why? Its quite simple they want to use this statement in a potential settlement and/or litigation to show that you are lying about your injuries regardless of the truth.

You have to realize that car wreck injuries do not immediately show up. Often, pain does not show up until a few days after the car accident. For example, brain trauma may not immediately manifest itself and sometimes shows up in the following days with symptoms of dizziness, vomiting and light sensitivity. Other “soft tissue” injuries such as whiplash and back strains also may not show immediately do the adrenaline rush many people experience after a car wreck.

Accordingly, its important to never admit that you are not injured and always contact an attorney to maneuver you around the potholes that an experienced insurance adjuster will try to get you to fall in.

If you or loved one has been injured or a loved one killed in an auto accident, McIntyre Law, P.C. has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Visit www.mcintyrelaw.com or call toll free 1-866-917-5200 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Jeremy Thurman

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.

Originally posted at InjuryBoard by Mike Bryant

Man in Coma for 23 Years Heard Everything

Jeremy Thurman — Tue, 24 Nov 2009 10:04:22 GMT

Imagine being trapped in your own body. When you think of being trapped the first thing that may come to mind is being confined, now think about the only thing confining you is your brain. Your loved ones are all around you trying to talk to you; meanwhile, you lay there and cannot speak. You scream, shout, cry, smile, and even laugh occasionally but no one knows but you. Now imagine this has been going on for 23 years. Recently in Brussels, Belgium this nightmare is one man’s reality. Recently made public in newspapers and internet sites throughout the world is the story of Rom Houben, a 46 year old man, who was involved in a car accident 26 years ago. Up until 3 years ago this man was thought to be in a vegetative state, but thanks to new brain scanning technology they discovered that not only was Mr. Houben’s brain functioning properly but it was almost operating normally. Dr. Steven Laureys, a neurologist at the University of Liège in Belgium, has published a new study that states Mr. Houben could be one of many misdiagnosed coma cases in the world. Dr. Laurey’s study states that up to 40% of cases labeled vegatative state, upon closer examination are found to have at least some brain activity. With this new finding they have found that some cases with consciousness can be treated and they are making considerable progress.

This grim reality could happen to any one of us. A simple trip to the grocery store could put you or a loved one in a hospital bed, one that they may never get out of again. In the United States in 2008 per every 100,000 population, 12.25 people were killed (FARS DOT). While every year less and less people are dying on the roadways, there are still severe injury accidents that occur. Every day I count my blessings when I make it home safely, and I was not responsible for somebody’s pain and suffering.

Originally posted at InjuryBoard by Jeremy Thurman

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