Minnesota Auto Accident Lawyers Will Conduct Crash Investigation to Determine Liability

Every year, more than 40,000 people are killed in auto accidents in Minnesota and around the country. Those statistics have been on the decline for a few years now, as law enforcement authorities and transportation agencies have collaborated to lower those numbers. But, we still lose thousands of people in preventable accidents caused by negligent or reckless driving.

It is estimated that 1 out of every 100 people in the US will be involved in an auto accident in any given year. Very often, these accidents are caused by the negligence of motorists. Neglectful or reckless driving by another motorist, speeding, drunk driving, distracted driving, and other behaviors may place a motorist’s life at risk. Accidents may also be caused when no motorist is at fault, because of a defective road design, poor highway maintenance, or motor vehicle defects that contribute to an accident. In most of these accidents, a Minnesota car accident attorney with our firm will conduct a full investigation to identify the parties responsible for injuries in the crash.

Very often, auto accident injuries reflect the severity of the collision. Accidents that result from speeding or head-on collisions, may result in extremely severe injuries or instant death. Most of the millions of car accidents that are recorded in the US every year, involve minor to moderate injuries, but in the few that involve catastrophic injures, victims may suffer fractures, broken bones, internal damage, blunt force trauma injuries caused from severe impact, crushing injuries where a part of the body is squeezed or crushed during impact, head injuries, brain injuries, spinal cord injuries, amputation, back injuries, neck injuries, whiplash, and herniated disc injuries.

Minnesota laws allow motorists injured in an auto accident to recover compensation for losses from the other entities involved in the accident. Compensation may include, but is not restricted to medical expenses, income loss because of the accident and pain and suffering. In fact, under Minnesota laws, you may be eligible for compensation even if the accident was partially your fault. In order for recovery however, a Minnesota auto accident lawyer must prove that another motorist, agency or entity was negligent.

In an auto accident claim, our attorneys will determine liability by considering several entities that may have contributed to the accident. These include:

  • Other motorists;
  • Commercial truck and bus drivers;
  • Motorcyclists;
  • Automobile manufacturers;
  • Automobile part manufacturers, like tire manufacturers;
  • Bars, pubs, restaurants that sell alcoholic beverages to a visibly drunk driver, who then goes out and causes a crash; and
  • State and local agencies responsible for designing and construction of highway roads and bridges.

Have you or a loved one been injured because of an auto accident? Contact a Minnesota auto accident attorney with the Brown Law Office, P.A. We offer free consultations at your home, work, hospital or at one of our six Twin Cities metro offices. Contact us by calling (612) 789-2100, or submit an inquiry through our online consultation form. We don’t charge a fee unless we obtain a settlement on your behalf.

Minnesota Dram Shop Lawyer Explains the Minnesota Dram Shop Act and Social Host Liability

One of the many options for recovery that a Minnesota auto accident attorney may use in a drunk driving accident is to seek recovery under Minnesota's dram shop laws. Under Minnesota’s dram shop laws restaurants, pubs, clubs, and liquor stores that illegally serve or furnish a person with alcohol, may be held liable for any injuries from a resulting accident.

A drunk motorist, who causes an accident, very likely, purchased a drink at a liquor establishment. The establishment may therefore be held accountable for its negligence in any accident caused by a drunk driver who bought his alcohol at the venue or facility.

For a victim of a DUI accident, it may be important to examine all options for compensation, because injuries resulting from drunken driving accidents tend to be extremely serious. These include fractures, blunt force trauma injuries, brain injuries, spinal injuries, and other serious injuries that may require extensive medical care, hospitalization, physical therapy and other aids.

Minnesota’s law allows for two types of liability for people who illegally provide alcohol to a motorist. While dram shop laws offer injured victims one option to hold the establishment accountable, there are also social host liability laws laid out in Minnesota statutes that allow persons who provide alcoholic beverages to persons below the age of 21 in a social, non-commercial setting to be held liable.

It’s important to understand that these laws won’t cover the intoxicated person, but will only apply to victims of an accident. Minnesota dram shop laws may apply in case of:

  • Establishments that sell alcoholic beverages to persons below the age of 21;
  • Establishments that sell alcoholic beverages to visibly drunk patrons;
  • Establishments that sell alcoholic beverages after hours or on a day on which sale is prohibited by law; and
  • Establishments that sell alcohol to guests or non-members at a club.

Do you have questions about dram shop or social host liability? Contact an MN dram shop attorney at the Brown Law Office, P.A. We offer free consultations at your home, work, hospital or you may arrange to meet with us at one of our six Twin Cities metro offices. Contact us by calling (612) 789-2100 or submit an inquiry through our online consultation form. We don’t charge a fee unless we obtain a settlement on your behalf.

Minneapolis Car Accident Attorney Summarizes Roadway Defect and Government Immunity Issues

Driving an automobile can be dangerous not only because of the millions of other cars that use the roadway, but also because of defects in, or poor maintenance of, roads and bridges. The Minneapolis bridge collapse in August of 2007 is a prime example. Even if all drivers operate their car in a safe manner, dangerous conditions beyond any auto operator's control can lead to serious injury or death.

It is the responsibility of the government to maintain public streets, roads, highways, freeways and bridges. Unfortunately, agencies at the federal, state, county or municipal level often neglect their obligation to do so. Here are some roadway defects that can lead to a serious accident:

  • Excessive Drops in Shoulders;
  • Water Accumulation;
  • Unrepaired Potholes;
  • Unlevel Payment;
  • Poor Signage;
  • Poor (or no) Guardrails;
  • Debris in the Road; and
  • Construction Materials

Municipal negligence can be very difficult to prove, given the immunity issues that apply. These immunity rules provide that a government actor engaged in a "decision making" function is immune from suit. On the other hand, a government actor merely performing a previously described duty in a careless manner may be held accountable for negligent acts.

Have you been injured because of a roadway defect? Speak with a Minneapolis Car Accident Attorney with the Brown Law Offices, P.A. Our lawyers have handled many car accident cases involving governmental immunity issues. Please call (612) 789-2100 or submit an inquiry through our online consultation form. We offer free consultations at any of our six Twin Cities metro offices. Or, we'll come to you. No fee unless we win.

Carver County Minnesota Semi Truck Accident Results in Two Deaths and Serious Injuries to Four Others

According to the Minnesota State Patrol, on August 29, 2009 a semi-truck struck a car on US Highway 212 in Carver County, Minnesota. This collision caused the automobile to strike a different truck, killing two and seriously injuring four, including several children. The family of the victims of this horrific tragedy are eligible to commence a negligence or wrongful death lawsuit, which may result in significant compensation for medical expenses, pain, suffering and more. The following individuals were involved in this incident:

  • Sandara J. Batatz, Norwood, Minnesota
  • Juan Olvera, Sullivan, Texas
  • Nancy Castillo, Bird Island, Minnesota
  • Andira Olvera, Bird Island, Minnesota
  • Narley Olvera, Bird Island, Minnesota
  • Galylea Olvera, Bird Island, Minnesota

Our thoughts and prayers are with the families.

If you have suffered serious injuries as the result of the negligence of a semi truck driver, you are entitled to compensation. Our Minnesota semi truck accident attorneys will ensure that you obtain an appropriate level of compensation:

Medical Expenses: We don't have to tell you how expensive the medical care and treatment has been for you or for your loved one. This likely will continue into the future. Our lawyers will make sure that your past, present and future medical bills get paid.

Lost Wages: Our attorneys will work to ensure that you obtain compensation for lost wages. This includes wages you may have lost in past or reasonable wages that you may be expected to lose in the future.

Pain and Suffering: One cannot underestimate how pain and suffering affects the quality of your life following a semi truck accident. Our semi truck accident lawyers will strive to ensure that you obtain full compensation for all of the pain and suffering you have already experienced - along with compensation for future loss of enjoyment of life.

One unique aspect of successfully pursuing a semi truck accident case is performing an investigation in a quick manner. We work with a team of qualified experts who gather evidence immediately following a semi accident, including driver log books, skid mark measurements, fluid level tests, police reports and eyewitness statements. Because semi trucks are usually maintained by a shop immediately following an accident, critical evidence may be lost unless your case is pursued right away.

If you or a family member or friend has been injured in a truck accident, contact a MN truck accident lawyer with the Brown Law Offices, P.A. We offer free consultations at your home, work, hospital or one of our six Twin Cities metro offices. Contact us by calling (612) 789-2100 or submit an inquiry through our online consultation form.

Car Accident Lawyer Summarizes Minnesota SUV Rollover Accident Issues

Vehicle rollovers are some of the most serious of all car crashes. Following a rollover accident a person can suffer debilitating injuries. Death rates are higher in rollover cases than with any other type of auto accident.

There are two general categories of rollover accidents:

Design Defect: Some rollover accidents result from a design defect in the vehicle itself. Sport utility rollovers are the most common example of a rollover lawsuit based upon a poor vehicle design. These vehicles are engineered with a high center of gravity. As a result, they are more prone to tipping and rolling than more traditional automobiles. Studies demonstrate that SUV rollovers are three times more common than rollover accidents involving a car.

Negligence: Some rollovers result from the negligence of others. Some drivers fail to yield, drive inattentively, are tired, intoxicated or otherwise careless in the operation of their vehicle. This can lead to a crash in which the vehicles violently rollover, causing serious injuries or death.

In a rollover lawsuit, experts are crucial. It is critical that an injured party demonstrate precisely how and why the rollover occurred. This may include retaining top accident reconstructionists and/or vehicle engineers.

If you've been injured in a rollover accident, you may be entitled to compensation for your losses, including medical bills, lost wages, replacement service benefits, pain and suffering and, in some cases, punitive damages.

Have you been injured in a rollover accident? Speak with a MN rollover accident lawyer with the Brown Law Offices, P.A. Our lawyers have many years of experience and will fight to obtain the justice you deserve. You can contact us by calling (612) 789-2100 or submit an inquiry through our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or our lawyers will come to you. No fee unless we win.

Minnesota Motorcycle Accident Lawyer Provides an Overview of Motorcycle Accident Lawsuits

The roadways are more dangerous than ever for motorcycle operators and their passengers. Unfortunately, the perception is that cycle owners are careless and pose a threat of harm to others. Yet, it is usually the case that automobile drivers cause the collisions that result in serious personal injury to, or the death of, those who enjoy motorcycling. Each year, many thousands of motorcyclists lose their lives across the U.S.

People who choose to ride a motorcycle are highly susceptible to suffering an injury in an accident, given the exposure they face on the roadways.  Helmets, jackets, chaps and boots offer little protection against some of the most serious injuries, including herniated discs, traumatic brain injury, neck injuries, spinal cord injuries, paralysis and broken bones. Substantial medical expense coupled with ongoing wage loss can cripple the finances of the family of a motorcycle accident victim.

The Minneapolis motorcycle accident attorneys with our law firm  handle a wide variety of motorcycle accident cases, including helping clients who have been injured on a motorcycle as the result of:

  • Defects in the Roadway;
  • Automobile Drivers Acting in a Careless Manner;
  • Motorcycle Design Defects;
  • Another Driver's Failure to Properly Yield;
  • Another Driver's Failure to Use Their Mirrors;
  • Another Driver's Failure to Brake; and
  • Another Driver's Creation of Roadway Hazards and Obstacles

In Minnesota, a motorcycle driver or passenger who sustains an injury from a cycle accident must file suit within six years from the day of the accident. In a wrongful death situation, the timeframe is reduced to two years. Some question whether it makes a difference if they were not wearing a helmet at the time of the motorcycle accident. Under Minnesota law it is irrelevant whether you or your passenger were wearing a helmet at the time of the collision.

If you have been injured in a motorcycle accident, you may be awarded past and future lost wages, past and future medical expenses and damages for pain and suffering. In some situations, particularly where alcohol is involved, punitive damages may be awarded.

Have you been injured in a motorcycle accident? Speak with a MN motorcycle accident lawyer with the Brown Law Offices, P.A. Our attorneys have years of experience and will fight to obtain the compensation you deserve. Contact us by calling (612) 789-2100 or submit an inquiry through our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or our lawyers can meet you at a location convenient for you.

Minnesota Truck Accident Lawyer Summarizes the Issues Involved in a Truck Accident Lawsuit

In a crash involving a 60,000 pound truck and a 6,000 pound car, the automobile never comes out victorious. Both the passengers and the driver of the car are likely to sustain serious personal injury or wrongful death in an accident involving large trucks such as semi trucks, eighteen wheel rigs, tractor-trailers, garbage trucks, dump trucks, tanker trucks, delivery trucks or an ambulance.

There are rigorous, comprehensive laws that govern the operation of large commercial trucks on Minnesota roads. Operators of such vehicles must comply with restrictions concerning the number of hours in a day that they can operate their truck. The Federal Motor Carrier Safety Administration enforces these timing restrictions. In addition, truck drivers must have a Class A license. Truck drivers must submit to random alcohol and drug tests along with background checks.

Under Minnesota law, both the driver of the truck and the owner of the truck, may be liable for injuries arising from a Minnesota truck accident. Recovery may be made for lost wages, medical bills, pain and suffering and emotional trauma.

Truck accidents frequently arise in a number of situations, such as:

  • Inclimate Weather;
  • Extreme Crosswinds;
  • Falling Debris and Material;
  • Negligent Passing;
  • Inappropriate Truck Upkeep;
  • Truck Driver Sleep Deprivation;
  • Inappropriate Loading;
  • Drug or Alcohol Use by the Driver;
  • Malfunction of Brakes; and
  • Jackknifing.

Under Minnesota law, a person injured in a truck accident must bring their lawsuit within six years (reduced to two years if the accident results in a wrongful death claim). Despite these long time lines it is important to speak with reputable truck accident lawyer as soon as possible. Trucks involved in a crash may be fixed and return to the road in a prompt manner. As a result, critical evidence may lost if an investigation is delayed.

Truck accident lawsuits involve a thorough investigation of the facts leading to a particular truck accident, including a review of inspection logs, compliance audits, truck driver logs and records relating to prior accidents involving the particular truck driver in your case. Our truck accident lawyers often retain an accident reconstructionist to help us prove that a truck driver was to blame for the accident.

Truck accident lawsuits are defended vigorously by insurance and trucking companies. If you or a family member or friend has been injured in a truck accident, contact a MN truck accident lawyer with the Brown Law Offices, P.A. We offer free consultations at your home, work, hospital or one of our six Twin Cities metro offices. Contact us by calling (612) 789-2100 or submit an inquiry through our online consultation form.

Burn Injuries Resulting from Car Accidents in Minnesota

Each year over 500,000 patients are treated for serious burn injuries in the United States. Surprising to some, car accidents are a major source of burn injuries. Burn injuries are categorized in severity by "degree," including first-degree burns, second-degree burns and third-degree burns.

First-degree burns are the least serious of all burn injuries and involve minimal tissue damage to the epidermis (outer layer of skin). Symptoms include redness, swelling, a few days of mild pain and peeling of the skin. First-degree burns usually require little or no treatment, except for common over-the-counter pain medications. Common first-degree burns include routine exposure to the sun and sudden flashes of heat upon the skin.

Second-degree burns are more serious than a first-degree burn. These burns will cause damage to the skin's outer-layer (the epidermis) and a deeper layer of skin (the dermis). Symptoms of a second-degree burn include redness of the skin, intense pain, swelling and blisters. Second-degree burn injuries often affect not just the skin, but also hair follicles and sweat glands. Second-degree burn injuries are usually caused by contact with flames, scalding water or brief contact with a hot object.

Third-degree burns are the most serious of all burns and affect all three layers that make up the skin: the epidermis, dermis and hypodermis. Charring of the skin is common and numbness to the burned area may result because damage to the nerves. Significant medical attention will be required if you have suffered a third-degree burn.

Burns typically arise from two scenarios in a car accident: direct contact with fire and airbag deployment. There are two ways that the inflation of airbags causes burn injuries. First, an airbag may perforate, resulting in the release of sodium azide or sodium hydroxide, which results in chemical burns when brought in contact with the skin. Second, the rise in temperature during inflation of the airbag often causes thermal burns.

Burns are some of the most horrific injuries a car accident survivor can suffer. Significant scarring and permanent impairments often result. If you have suffered a severe burn injury in a car accident it is important to speak with a lawyer you can trust to handle your case. The car accident attorneys with the Brown Law Offices, P.A. offer skilled, resourceful advocacy. Our lawyers are focused on helping through a difficult time and maximizing the compensation you receive for your burn injuries. You may reach us by calling (763) 323-6555.

Symptoms, Treatment and Legal Issues Involving Herniated Discs Resulting from a Car Accident

The discs in the spine are circular and rest between the of vertebrae in your back. They act like shock absorbers, providing a cushion when you bend, twist, jump and exert other pressure on your spine. Discs are often described as resembling a filled donut, with a tough exterior and a thick liquid center. Sometimes accident victims will suffer some slippage or bulging of a disc. These terms are synonomous with a herniation of a disc.

When the disc comes in contact with the nerves in the spine, you may feel severe pain, tingling, numbness or weakness. Pain may not be limited to the back itself and will sometimes radiate down the arms or legs. The location of the radiation varies depending upon on where the herniated disc is located.

With a symptomatic herniated disc, pain is not felt in the area the disc is located. Instead, the bulging disc pinches a nerve in the spine, causing radicular pain (pain that shoots through your body, usually to one area, such as one arm or one leg). This phenomenon occurs because each nerve in the spine is connected to a particular area of our bodies.

In terms of diagnosing a bulging disc, it usually takes a while. They are rarely detected immediately following a car accident because x-rays taken at an emergency room are unable to detect herniations; they only provide images of bones. If pain persists following an accident, your doctor will likely order an MRI or CT scan. While these two methods can detect objective signs of a herniated disc, the amount of pain felt by the injury victim bears no relationship to the MRI or CT scan. Herniated discs affect everyone differently.

Back injuries, especially a herniated disc, may leave a person in pain for the rest of their lives. Many of our clients try a number of methods to resolve the pain before electing to undergo back surgery, including chiropractic care, physical therapy, traction, and cortisone shots. If none of these treatments work, a spinal fusion may be performed.

Because disc injuries involve such serious pain, the value of these cases tends to be higher than a case limited to soft tissue injuries. As a result, the insurance carriers devote substantial resources to the defense of herniated disc cases. One common strategy of the attorneys working for insurance carrier is to point out degenerative problems with the injured party's spine that pre-date the accident itself. Our job is to prove that a particular injury was caused by the accident, and is not due simply to prior stenosis or arthritis, That's where the treating doctor plays a critical role. He or she will provide us with a written opinion as to cause of your injury.

If you or someone you know has been injured in a car accident, contact a MN car accident lawyer with the Brown Law Offices, P.A. Our lawyers have years of experience and will work hard to obtain the maximum possible recovery on your behalf. Contact us by calling (763) 323-6555 or submit an inquiry through our online consultation form.

How Much Is My Car Accident Case Worth?

No reputable lawyer will promise you anything up front. It is simply impossible to offer a specific dollar figure just days after an accident. At best, an attorney may be able to gage the severity of your case and offer a range of recovery based upon their experience. There are literally dozens of factors that play a role in your recovery. A few of them are discussed below.

At the onset, no demand should ever made until the full extent of your injuries is known and you have had adequate time to recover from them. You only get one chance at resolving your claim. Unfortunately, many clients do not ever fully recover, and their injuries are permanent in nature. A permanent injury is valued much higher than a temporary condition, usually.

Another important aspect of your claim involves the amount of insurance carried by you and the at-fault driver. Sometimes, there is adequate coverage to compensate you. Other times, unfortunately, there is not. The value of your recovery can be limited by the amount of insurance available.

Yet another aspect of how much you may be compensated involves who the insurance companies are. Some companies will negotiate in good faith and make meaningful offers to settle claims. Others, however, will attempt to pay out as little as possible and make injury survivors fight for every dollar. The latter is much more typical, and can result in a lower net recovery.

Finally, one of the golden rules in injury cases is that a case is worth what a jury says it’s worth. Juries today are very unpredictable. Every client has a story to tell. The best way to receive fair compensation for your loss is to retain a skilled advocate to explain your situation to a group of jurors.