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.

Whiplash and Soft Tissue Injuries: Common and Vigorously Defended in Minnesota Courts

Whiplash, a non-medical term, is used to describe significant pain following an injury to the soft tissues in the neck, including ligaments, tendons, and muscles. Whiplash is caused by abrupt motion or force applied to the neck that results movement beyond the neck's normal range of motion. Whiplash frequently occurs in motor vehicle accidents - even minor impact collisions.

With soft tissue injuries, the signs of a problem often don't present themselves right away. But, experts agree that the sooner you feel pain the more severe the injury is likely to be. Symptoms of a soft tissue injury to the neck include pain, swelling, tenderness, spasm, reduced range of motion, headache, and pain or tingling shooting from the neck through the shoulders or arms.

The ideal time to call your physician is immediately following the injury. Depending upon how serious your accident, an EMT may place a cervical collar around the neck to isolate movement until a doctor can visit with you and examine the areas of concern.

Whiplash cases are vigorously defended by insurers because they know juries are very skeptical about awarding large amounts of money for an injury that can't be seen. They often rely on the theory that because there is no "objective sign of injury" (such as an x-ray or MRI scan), jurors are left to simply question the credibility of the injury victim's "subjective complaints."

It is important to retain the services of a personal injury attorney who regularly handles such matters and has a reputation for trying cases. The insurance company is much more likely to offer a fair settlement early-on if they know they are going to have to spend tens of thousands of dollars defending a case against a good trial lawyer.

Car accidents are a major cause of whiplash and soft tissue injury to the neck and back. Even a minor accident may result in significant pain and suffering, wage loss and medical bills. Our Minnesota car accident lawyers understand the need to obtain fair compensation for injury victims and their family members. To contact our firm, call 763-323-6555 or complete our free online consultation form.

My Car Was Wrecked In An Accident. What Happens Now?

One of the first issues you will face is how to get your vehicle back in shape following an accident. You have several options, depending upon who was at fault for the accident.

If you were not at fault, you may turn to your own insurance company or the other driver’s insurer for compensation. Be aware that you must have full coverage on your own vehicle in order to turn to your company for assistance. Your company will also ask you to pay your deductible before the repairs are completed. Once you pay the deductible, your insurance company is obligated to contact the at-fault driver’s insurer and recoup the deductible and reimburse you. Otherwise, you can deal directly with the other driver’s insurance company without paying a deductible.

If you were at fault, then you may only turn to your own insurer for coverage to repair your vehicle. If you did not have full coverage, then you will have to pay for the vehicle repairs directly, or purchase a new vehicle on your own.

In either case, insurers are obligated to pay you the reasonable value of the motor vehicle if your car is declared a total loss. This is often the subject of debate, and we will assist you at no cost in attempting to collect the reasonable value of your vehicle.

How Much Will It Cost To Hire An Auto Accident Attorney?

Nothing – at least up front. Respectable car accident attorneys will only take cases they believe have merit, and will front all expenses associated with pursuing the claim. Then, at the conclusion of your case, the lawyer will receive a percentage of any recovery they secure for you and have advanced expenses reimbursed. This is called a contingency arrangement. On the other hand, if you recover nothing, you owe the lawyer nothing. It’s as simple as that. Our attorneys offer free consultations and will meet with you at your home, place of employment, hospital or our offices in downtown Minneapolis.

Do I Really Need A Car Accident Lawyer?

A car accident lawyer can help you in many ways. Being injured in an auto accident, fortunately, isn’t a common occurrence. As a result, most people don’t understand the intricacies of the law, negotiation, insurance, and the dynamics of the injury itself. A single resource (such as a lawyer) for you to consult will be helpful, and far less stressful than navigating the maze alone.

Good attorneys will listen very closely to you and offer a host of options that you may not have thought of. They won’t tell you “what to do,” but will give you some choices to consider. And they’ll make certain that your rights are protected.

The unfortunate reality is that injury victims often recover two or three times more from insurance companies when they retain the assistance of an attorney – sometimes even more. Insurance companies have lawyers, adjusters, investigators, and the financial resources to suppress the value of your claim. A reputable lawyer will level the playing field for you.

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.

If I Am At Fault For A Car Accident, Can My Passengers Recover Damages From Me?

Your insurance policy provides your passengers (including family members) with a source for financial recovery in the event that you are at fault for an accident. Being responsible for an accident doesn’t make you a bad person. But, the law does hold all drivers accountable and provides those who are injured through no fault of their own to recover for their losses, including lost wages, pain and suffering, replacement service costs, emotional distress and medical expenses.

Minnesota Car Accidents Involving Wrongful Death Claims

In Minnesota, wrongful death occurs when a person is killed as the result of an act of negligence of another. Wrongful death claims in Minnesota are brought by someone known as a "trustee." The trustee is usually a family member with close ties to the decedent. They are appointed by the court to represent the interests of the decedent's heirs.

The decedent's surviving family members may be entitled to damages, including compensation for lost wages, loss of companionship, funeral and medical expenses. In some cases, punitive damages may be recovered if it is demonstrated that the negligent party acted with "reckless disregard" for the rights and safety of others. A drunk driver is a prime candidate to recover punitive damages from, although it is not likely that there will be insurance coverage in place for such an award.

Once the trustee receives the financial award granted in a particular case, the court must approve the proposed disbursement of the settlement. Most often, this presents little difficulty. However, if the heirs cannot agree, the cout will ultimately decide how to divide the proceeds.

Under Minnesota's statue of limitations, a wrongful death action premised on negligent conduct must be filed within three years of the date of the decedent's death. This differs from the six year statute of limitations in place regarding car accidents that result in injuries, but not death, of a driver or passenger of an automobile.