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Month: August 2024

What Is a Duty of Care Breach in a Minneapolis Personal Injury Case?

Posted on behalf of Steve Terry
on August 30, 2024 in Personal Injury

Most Minneapolis personal injury cases involve a breach of a duty of care one party owed to another. Injured victims can recover compensation if they prove another party breached a duty of care and the breach directly caused an injury and damages.

If you suffered a personal injury due to the negligence of someone else, TSR Injury Law’s licensed attorneys may be able to help you recover the cost of your medical care and other damages. Our Minneapolis personal injury lawyers do not charge any upfront fees for our legal services, and we have obtained more than $1 billion for our clients.

Learn more about your post-injury legal options by calling: (612) TSR-TIME.

What Is a Breach of the Duty of Care?

Someone with a injured wrist signing a document.

A breach of duty of care happens when one party fails to take reasonable steps to prevent harm to someone else. In other words, the party in question failed to act the way a reasonable person would have in a similar situation. This is also known as the “reasonable person” standard.

A breach often means that one party failed to act when action would have likely prevented an injury. Breaches of the duty of care can also involve:

  • Careless or reckless behavior
  • Ignoring safety regulations
  • Poor training or supervision of others

Another factor in the breach of duty of care is the foreseeability of harm. This means that failing to uphold the reasonable person standard is likely to cause injuries and damages.

What Are Some Examples of a Breach of Duty of Care in a Minneapolis Injury Case?

There are numerous examples of actions that breach a duty of care and could give rise to injury claims:

  • Reckless Driving: Drivers have a duty to follow traffic laws and operate their vehicles in a safe manner. This includes stopping at red lights, obeying speed limits and refraining from driving under the influence. If drivers fail to take these kinds of reasonable steps, they are likely breaching a duty of care.
  • Failure to Follow Trucking Industry Regulations: Trucking companies may fail to enforce regulations, such as rules on drug testing, hours of service, or maintenance checks and repairs of a commercial truck.
  • Failure to Maintain Safe Premises: Property owners must keep their premises reasonably safe. For example, many property owners have a duty to clean up spills, repair broken steps and ensure adequate lighting to prevent accidents.
  • Losing Control of a Dog: Owners must take reasonable precautions to prevent their pets from biting or attacking other people, such as keeping them on a leash when on another’s property. If a dog bites someone who was legally on the owner’s property, the owner may have breached a duty of care. There are additional duties for dog owners whose pets have been designated as dangerous by relevant authorities.
  • Designing or Manufacturing Unsafe Products: Manufacturers and sellers must take reasonable steps to ensure consumer safety when products are used as intended. Manufacturers are often required to test products, provide clear usage instructions and warn consumers about potential hazards.

What Is the Difference Between Breach of Duty and Negligence?

Sometimes people use negligence and breach of duty of care interchangeably, but they are two different things.

Breach of a duty of care is just one element of negligence. The other three elements are: duty of care, causation and damages. If your lawyer can establish a breach of duty of care, prove the breach directly led to your injuries and prove those injuries caused damages, he or she has grounds for legal action, such as an insurance claim or lawsuit.

However, your lawyer may also need to establish that the risk of harm was foreseeable. In other words, the negligent party should have known that its failure to uphold the duty of care would cause harm.

What Can I Use as Evidence of a Breach of Duty?

In a negligence case, the victim has the burden of proof. That means it is your responsibility to prove the existence of a duty of care and the breach of that duty of care. This evidence must be presented in an insurance claim or courtroom.

There are various forms of evidence that may prove a breach of duty of care:

Proof of the Defendant’s Actions

Proof could include pictures, video or other records that show what happened. For example, if you were injured in a commercial truck crash, records may show violations of industry regulations. If you were injured in a car crash, dash cam video may show the other driver breaking traffic laws.

Witness Testimony

Statements from people who witnessed the accident could help establish a breached duty of care. If your case goes to court, these witnesses can testify about what they saw and heard during the incident.

Expert Testimony

For example, a medical expert could provide insight into how the victim’s injuries occurred, including how the breached duty of care contributed to the situation. Accident reconstruction experts can explain how another driver’s negligence caused the collision to occur.

Records of Past Incidents

For example, if you slipped and fell on another’s property, your lawyer may look for evidence of previous slip and fall accidents caused by the same hazardous condition. This helps to emphasize that the property owner knew of the duty of care and failed to address the danger. This combined with evidence about the most recent incident could help show a breach of duty of care.

What Are Some Common Defenses Against a Breached Duty of Care?

You can rest assured the insurance company is going to dispute that there was a breach of duty of care. They may even dispute the existence of the duty of care.

They may contend that you are at fault for the accident through your own negligence. For instance, if you were injured in a car crash, the insurance company may claim you were negligent, such as by speeding or not paying attention.

Minnesota allows injured victims to seek compensation if they are found to be partially at fault. However, partial fault can reduce the value of your claim.

What if I Signed a Liability Waiver?

Proving a breach of duty of care can be even more complicated if you signed a liability waiver. For example, you may have signed a waiver before joining a gym/fitness center or taking part in an inherently dangerous activity, like rock climbing or skydiving.

In this situation, the liable party would claim your signature released them from liability. However, liability waivers might not hold up in court. State law says waivers cannot excuse parties from liability for conduct that exceeds ordinary negligence.

Injured Due to Someone’s Else Negligence? Call TSR Injury Law

Have you suffered a preventable injury?

If you think negligence was involved, call TSR Injury Law to review legal options. We are here to answer your legal questions and advocate for your rights. If we represent you, we are committed to securing the compensation you need to recover.

There are no upfront fees or costs unless we win compensation for you, which means there is no risk in giving us a call.

Schedule a free legal consultation to learn if you have a case. Call (612) TSR-TIME.

Summer Driving Dangers: What Minneapolis Drivers Need to Know

Posted on behalf of Steve Terry
on August 26, 2024 in Auto Accidents

Summertime is a fun time for many people. Schools are closed, and more individuals are taking vacations, but these are just a few of the factors that make it more dangerous to drive at this time of the year.

If you were injured in a car crash due to another driver’s negligence, our Minneapolis car accident lawyers at TSR Injury Law may be able to help you seek compensation. You are not obligated to hire us. We do not charge any fees or costs unless we win your case.

TSR has recovered more than $1 billion in compensation for our clients. Call today: (612) TSR-TIME.

Why Is Driving in the Summer Dangerous?

Two people laughing in a car.

Summer might seem like an ideal time for driving, but several factors contribute to increased crash risks such as:

  • Increased traffic: More people are on the roads for vacations and leisure activities.
  • Inexperienced drivers: Teenagers are out of school and driving more frequently.
  • Construction zones: Road work is common during summer months, creating additional hazards.
  • Heat-related vehicle issues: Tire blowouts and engine problems are more likely to occur in hot weather.
  • Potholes: The cold weather during the winter can create potholes in the summer. Whenever possible, avoid driving over them. Potholes can cause flat tires or even blowouts.
  • Impaired driving: Summer events often involve alcohol consumption, leading to more drunk drivers on the road.
  • Fatigue: Long trips and late-night driving can result in many fatigued drivers on the road.
  • More pedestrians and bicyclists: This is particularly important in urban areas. Make sure to give bicyclists and pedestrians space, give them plenty of room when passing and do not encroach on crosswalks. Watching for pedestrians and riders is especially important at night when they are harder to see.
  • Natural disasters: Tornadoes and floods can hit Minnesota between May and September. These are dangerous when they happen, and they leave behind destruction that makes driving riskier.
  • Distracted driving: Pleasant weather could encourage more drivers to succumb to distractions, like their smartphones.
  • Reckless drivers: Clear roads and better weather can cause some drivers to speed and drive more recklessly.

Driving Safety Tips: How to Avoid Summer Driving Hazards

Drivers can reduce their chances of being involved in summer car crashes by implementing several practical strategies:

Plan Your Route

Before taking a road trip or other unusually long journey, review your route and take note of potential construction zones or high-traffic areas. This may prevent delays, as you can avoid areas where there may be a higher risk of a crash.

Avoid Impaired Driving Be Cautious Around Drunk Drivers

You may be more likely to share the road with drunk drivers in the summertime, especially at night. Given this possibility, you need to adjust your driving appropriately. Avoid distractions and keep an eye on the vehicles around you. If you see someone driving erratically, keep your distance.

Maintain Your Vehicle

Regular maintenance is crucial, especially before long trips. Check your tires, brakes and fluids to prevent breakdowns or other issues that could result in a collision. Underinflated or overinflated tires are more likely to blowout, especially in the heat.

Stay Alert

Avoid distractions like your smartphone, social media apps, intense conversations or arguments with passengers and remain focused on the road, especially in heavy traffic or construction zones. It is also especially important to stay alert in unfamiliar areas.

Take Breaks

If you are on a long trip, you should stop every two hours or 100 miles to rest and refresh yourself. It may be tempting to rush to your destination but fatigued driving could increase the risk of getting into a car crash.

Avoid Peak Travel Times

If possible, plan your trips during off-peak hours to reduce exposure to heavy traffic. One of your passengers can keep you informed about traffic jams ahead of time, so you can avoid them.

Prepare for Bad Weather and Adjust Driving Accordingly

Summer storms can turn any trip into a dangerous situation. Check weather forecasts and be prepared to adjust your driving if you get stuck in bad weather. This means increasing your following distance, obeying speed limits, and making sure you have plenty of time and space to change lanes or make a turn.

How to Protect Yourself From Other Negligent Drivers

Summertime is when a lot of people cut loose and have fun, especially teenagers and other drivers who lack significant experience on the road. When you throw alcohol or other drugs into the mix, there is a much higher risk of dangerous crashes.

Even the most cautious drivers cannot control the actions of others on the road. However, you can take steps to reduce your risk of a collision with a negligent driver in the hot summer months:

Maintain a Safe Following Distance

Keep ample space between your vehicle and others, especially if you notice erratic driving behavior. Give yourself plenty of space to slow down or stop to avoid a collision.

The general rule is about three seconds of space, which you can measure by counting the seconds between when the lead vehicle passes a fixed object and when your car passes the same object.

You should also take note of other drivers tailgating your vehicle. If you see this, carefully move into another lane.

Use Defensive Driving Techniques

Always be aware of your surroundings and anticipate potential dangers. If you focus on driving, obey the speed limit, do not make risky maneuvers, and do not count on other drivers to make safe decisions.

Drivers who obey the speed limit have a better chance of seeing hazards ahead, so they can avoid them.

Avoid Confrontation

If you encounter an aggressive driver, do not engage. Instead, slow down or pull over if necessary to let them pass. This is especially true if you are involved in a crash with an aggressive driver and he or she gets out of the car and walks over to your vehicle.

Report Dangerous Driving

If you witness extremely reckless or aggressive behavior, safely pull over and report it to the authorities. It is not a good idea to confront a driver who is in a bout of road rage. This could result in physical assault.

Use Safety Features

Ensure your vehicle’s safety systems, such as airbags and anti-lock brakes, are in good working condition. Your car features may help lower the risk of severe injuries if you unfortunately end up in a car crash.

What Should You Do to Prepare for Summer Road Trips?

Preparing for your trip can make a significant difference in lowering the risk of a crash. Here are essential steps to take before your road trip:

  • Have your vehicle thoroughly inspected by a qualified mechanic
  • Pack an emergency kit including water, non-perishable food, first-aid supplies and basic tools
  • Ensure your spare tire is in good condition and you have the necessary equipment to change it
  • Plan your route in advance and inform someone of your travel plans
  • Check your vehicle’s air conditioning system to ensure comfort during hot weather
  • Bring plenty of water and snacks to stay hydrated and alert during your journey
  • Consider joining a roadside assistance program for added peace of mind

If you were involved in a car crash in Minneapolis, TSR Injury Law is here to help you throughout the legal process. If we determine you have a case and you choose our firm to represent you, we are prepared to work tirelessly to pursue the compensation you deserve.

Call us for a free initial case evaluation to determine your legal options. Our firm does not charge any upfront costs or fees unless we win your case.

Schedule a free consultation to learn more about how we can help: (612) TSR-TIME.

What Are the Dangers of Driving While Dehydrated in Minnesota?

Posted on behalf of Steve Terry
on August 21, 2024 in Auto Accidents

Driving while significantly dehydrated is a hidden danger that many drivers underestimate. Dehydration can cause fatigue and other symptoms that make it harder to operate your vehicle safely.

If a dehydrated driver caused your car crash in Minnesota, you may have a case for compensation. Our Minneapolis car accident lawyers have helped many crash victims receive compensation for their injuries.

We do not charge any upfront fees for our services. Contact us to set up a free consultation to discuss your case and learn how we can help.

More than $1 billion recovered. Call (612) TSR-TIME.

What Are the Risks of Dehydrated Driving?

Someone's hands on a steering wheel.

Dehydration means you’ve lost more fluids than you have taken in. This can affect you both physically and mentally, especially when you engage in activities like driving.

These are some of the effects of dehydration that could make it much harder to safely operate your vehicle:

  • Dizziness
  • Fatigue
  • Confusion
  • Slower reflexes
  • Impaired cognitive function
  • Headaches
  • Altered mood

These effects can compromise your ability to make quick decisions on the road. For example, you may not brake early enough when a driver in front of you makes a turn, or you may not notice a pedestrian crossing the street.

The extreme summer heat can cause drivers to lose fluids rapidly, and without sufficient hydration, reaction time slows down. A split-second delay can cause drivers to crash into a stationary object or another vehicle.

Is Dehydrated Driving Just as Dangerous as Drunk Driving?

It may be. A study from England’s Loughborough University found that sufficiently dehydrated drivers performed like legally drunk drivers in a driving test.

Researchers split up study participants into two groups. One group consumed seven ounces of water every hour while the other drank less than one ounce of water per hour.

The study participants then did a driving test, and researchers counted the number of errors each group made. The dehydrated group committed significantly more errors than the hydrated group, including drifting out of their lane, braking late or running over rumble strips.

Researchers concluded the dehydrated group performed like drivers who had a blood alcohol concentration over the legal limit.

It is also important to note that dehydration is a common symptom of a hangover and hungover drivers may be at higher risk of causing a crash.

How Can Dehydration Cause a Minnesota Car Crash?

Driving dehydrated can cause various impairments that could lead to a collision:

Reduced Reaction Time

Dehydration slows cognitive functions, making it harder for drivers to react quickly to sudden changes on the road. For example, a dehydrated driver may not brake in time to avoid a collision with a vehicle that suddenly stops.

Impaired Judgment and Decision-Making

A dehydrated driver’s brain does not have the capacity to process information and make quick decisions. This can result in poor decision-making, such as misjudging the speed of oncoming traffic when making a turn.

Decreased Attention Span

Dehydration can limit your attention span and make it harder to stay focused on the road. Drivers who are not paying adequate attention might miss road signs or fail to notice changes in traffic patterns.

Weakness and Fatigue

Dehydrated drivers may be too weak and tense to control their vehicles. For instance, dehydration can make it hard for drivers to steer the wheel, use the gas and press on the brakes.

Dizziness and Lightheadedness

Severe dehydration can lead to dizziness and lightheadedness. A dizzy driver may lose control of their vehicle, drift into other lanes or even pass out while driving.

Blurred Vision

Dehydration can affect eye function, leading to blurred vision. A driver experiencing blurry vision might have trouble seeing the road clearly or judging distances, increasing the risk of a collision.

What Are the Symptoms of Dehydration to Watch For?

Drivers need to know the signs of dehydration before getting behind the wheel. That way they can have someone else drive or pull over when they notice symptoms:

  • Dry mouth
  • Headache
  • Dizziness
  • Fatigue
  • A decrease in urine while using the restroom
  • Confusion
  • Rapid heartbeat
  • Fainting
  • Muscle cramps

Anyone experiencing these symptoms should address them immediately to ensure their safety and the safety of others on the road. If you’re experiencing these systems, get out of the sun and drink fluids.

How Can You Prove the Other Driver Is Liable for a Dehydration-Related Crash?

You may not need to prove dehydration to establish the other driver’s liability. Technically, you just need to prove the driver did something negligent when operating his or vehicle, such as speeding or not stopping to avoid a rear-end crash.

Evidence of dehydration could help support evidence of a negligent maneuver on the road. For instance, if the other driver looks fatigued or confused, you should inform the responding police officer. The officer may try to assess whether the other driver is impaired by alcohol, fatigued or dehydrated.

Dash cam or security camera footage may show the driver struggling to see or focus on the road or even fainting. However, this type of evidence does not always exist.

Proving liability for a car crash can be a complex task, which is why many victims seek counsel from an experienced attorney. For example, lawyers can obtain video footage of the crash, if it exists. They can also interview witnesses and consult experts to establish how the crash happened.

How Can I Avoid Driving While Dehydrated?

Summer temperatures increase the risk of dehydration. That is why people should take practical measures to decrease the risk of dehydration, especially if they plan on driving after being out in the hot sun.

Here are some steps you can take to lower the risk of driving dehydrated:

  • Drink water when you wake up.
  • Add fruits like grapes, watermelon, strawberries or apples to your diet.
  • Carry a water bottle while driving.
  • Pay attention to your body’s signals.
  • If you start to get a headache or feel confused, have someone else drive.

The standard guidance is to drink six to eight glasses of water daily. However, your age, weight, activity level, climate and overall health determine how much water you need.

Steps to Take After a Car Crash Caused by Dehydration

Taking immediate action after a crash caused by dehydration is essential to protect your health and your right to seek compensation. Here are the steps you should follow:

Seek Medical Attention

Even if you feel fine, you may not notice some of your injuries right away. See a doctor as soon as possible to check for hidden issues that could lead to complications later.

Report the Crash

Call law enforcement at the scene to report the crash. An official police report can be a valuable piece of evidence and support your claim.

Document the Scene

Take photos of the crash scene, such as damage to your vehicle or other personal property and any visible injuries.

Gather Witness Information

Collect contact information from witnesses who saw the crash.

Did a Dehydrated Driver Cause Your Crash? Call TSR Injury Law

If you were injured in a crash caused by a negligent driver, such as one who was dehydrated or impaired by alcohol, TSR Injury Law may be able to help. TSR Injury Law has secured millions for those injured in many types of crashes.

Our legal team offers a free consultation to discuss your case and explore your legal options. We will not charge you any upfront fees to speak with you.

Schedule a free initial consultation today: (612) TSR-TIME.

What Is a Car Accident Reconstructionist and How Could They Help Prove an Injury Claim?

Posted on behalf of Steve Terry
on August 8, 2024 in Auto Accidents
Updated on August 16, 2024

Sometimes injury lawyers need to hire experts to prove what happened in a crash, such as an accident reconstructionist. These professionals conduct an in-depth analysis of the crash to provide a detailed explanation of what happened.

If you have been seriously injured in a Minnesota collision, our firm is prepared to bring in relevant experts to help you secure full compensation for your damages.

Schedule a free consultation with us to learn whether you have a case. Our car accident lawyers in Minneapolis have recovered more than $1 billion on our clients’ behalf and want to help you secure the compensation you deserve.

No upfront fees. No obligation. Call today (612) TSR-TIME.

What Is Car Accident Reconstruction?

A man examining a damaged car.

A car accident reconstruction is a detailed investigation of the cause and circumstances of a crash. A reconstructionist works backward from the evidence of the collision to recreate what happened and document these conclusions in a detailed report.

How Does an Accident Reconstructionist Evaluate a Crash?

These experts analyze the physical evidence of the collision and any electronically recorded information, such as:

  • Skid marks left by vehicles
  • Vehicle positions
  • Environmental conditions, such as weather, when the crash happened
  • Police report
  • Footage from traffic or security cameras
  • Information from event data recorders (EDR)
  • Dash camera footage
  • Medical records documenting crash injuries
  • Pictures of the vehicles and injuries
  • Crash test data on the vehicles involved
  • Vehicle maintenance or inspection records
  • Pictures and video footage collected by drones, which provide precise aerial views of the collision

What Are Some Questions Accident Reconstruction Experts Ask?

  • How fast was the at-fault driver traveling at impact?
  • When did the at-fault driver slow down?
  • What was the angle of impact?
  • Where did both vehicles come to rest?

What Conclusions Can These Experts Draw From the Evidence?

Analyzing the evidence allows an accident reconstructionist to draw various conclusions, such as:

  • Where the vehicles hit each other
  • Vehicle speed at the time of impact
  • If either driver could have taken steps to prevent the collision
  • Who caused the collision
  • If road or weather conditions played a role in the crash
  • Traffic violations that contributed to the crash, such as speeding, running through a red light or stop sign, reckless lane changes, distracted driving, etc.
  • If there was a defective vehicle part the contributed to the crash
  • If a government entity could be liable for poor road design or failure to properly maintain a road
  • Whether there were visibility issues the contributed to the crash

For example, an accident reconstruction expert could analyze skid marks and EDR data to establish that the at-fault driver was distracted or following another vehicle too closely, causing a rear-end collision.

An accident reconstructionist can document his or her findings in a written report and/or create a three-dimensional computer model of the collision.

Why Accident Reconstruction Provides Strong Evidence for a Car Crash Claim

These experts take a scientific approach to their analysis of the crash, which means it is very difficult for insurers or liable parties to dispute the findings. This is one reason why an accident reconstruction report can be particularly compelling to a jury.

What Are the Qualifications of an Accident Reconstruction Expert?

There is no advanced degree for accident reconstruction. However, accident reconstruction experts usually have a background in forensic engineering or physics.

Typically, these professionals should have extensive knowledge of various disciplines, including:

  • Automobile design
  • Mathematics
  • Engineering principles
  • Photogrammetry
  • Computer simulation tools
  • Vehicle dynamics
  • Human factors
  • Roadway geometry
  • Crash data retrieval (CDR)
  • Biomechanics
  • Forensic photography
  • Drone mapping

They also need significant experience and knowledge of how to investigate crashes. That is why many of these professionals previously worked in law enforcement.

How Do I Know If I Need an Accident Reconstruction?

Generally, lawyers bring in car accident reconstruction experts when there are disputes about liability or other outcomes of the crash. For example, both parties may have different statements about the car crash. Additionally, an insurance company may dispute that your injuries happened in the collision.

Accident reconstruction experts are often brought into car crash lawsuits or cases involving catastrophic or fatal injuries. Insurance companies fight hard to avoid paying full compensation, especially in these types of cases.

An expert may be able to detect any vehicle malfunctions that may have contributed to the crash. Accident reconstruction experts investigate to determine how it happened and why, which could validate a defective product claim.

Accident reconstruction experts can also serve as your advocate and discredit claims about your role in a crash. They could provide evidence from reports showing the insurance company’s claims about your contribution to the crash are false.

How Much Does an Accident Reconstruction Expert Cost?

The cost of hiring an accident reconstruction expert can vary. Some of the factors that may determine the cost are:

  • Complexity of your case
  • Scope of work such as witness statements and reviewing data
  • Accident reconstruction expertise and experience
  • Geographic location (cost could vary based on region or city)
  • Court disposition and testimony could increase the cost.

If our firm determines that you have a case, there are no upfront fees. We advance the cost of litigation, including the cost of hiring expert witnesses.

Need Help With the Insurance Company? Call TSR Injury Law

If you have been injured in a Minnesota collision, you could benefit greatly from hiring an experienced attorney to guide you through the legal process. TSR Injury Law has the experience, track record, resources and commitment to provide the comprehensive representation you need.

Our firm has decades of experience helping car crash victims recover compensation for their damages. We are committed to alleviating the stress of the legal process so you can focus on your recovery.

Speak to one of our attorneys.  Call us at (612) TSR-TIME.