Challenges of Proving a Crash Resulted From Drowsy Driving

Posted on behalf of Steve Terry
on May 27, 2022 in Auto Accidents

Many people do not fully understand how tired they are each day, as they rarely get enough sleep. That may be why many people get behind the wheel while they are tired without a second thought. Unfortunately, this can be extremely dangerous, as fatigued driving greatly increases the risk of a dangerous crash.

When these crashes happen, victims may have questions about proving the other driver was drowsy. Short of taking a picture of the other driver asleep in his or her vehicle, how do you prove the other driver was nodding off?

Fortunately, there are other ways to establish the at-fault driver may have been fatigued or asleep at the time of the crash. Victims of these collisions should strongly consider contacting an experienced attorney to help them prove their case. Not only do attorneys have the legal knowledge to build a strong case, but they also have the resources to build a strong case.

Why Do Drowsy Driving Crashes Happen?

Lack of sleep is often the reason a driver is tired. However, there can be various reasons a driver did not get enough sleep.

Sleep Disorders

For example, some people struggle with sleep disorders, like sleep apnea or narcolepsy. Sleep apnea causes people to repeatedly stop and start breathing throughout the night, which hurts their ability to get a good night’s sleep. People with sleep apnea often suffer from daytime fatigue, are excessively tired during the day and may struggle to pay attention during waking hours.

Narcolepsy is another type of sleep disorder that can cause people to fall asleep at random times throughout the day. For example, they may fall asleep while they are out on the road.

Working on Late Shifts

People may also from a lack of sleep due to shift work. For example, if someone works irregular hours or on a night shift, they may struggle to get enough sleep. They may often drive to or from work while they are severely sleep deprived.

Impairment

Drowsy driving may be the result of alcohol consumption or prescription medications that induce drowsiness. There are also over-the-counter medicines that can make drivers tired, like cold or allergy medicines.

Building a Case Against a Drowsy Driver

The law requires the at fault driver knew or should have known their drowsiness was an issue before a crash. Your attorney can obtain medical records showing a driver had a history of sleep apnea or narcolepsy. Records can also show what medications the driver was taking (perhaps Benadryl for the flu) that causes drowsiness.

Employment records could be used to prove the at-fault driver kept irregular hours or worked a lot at night. It is possible the at-fault driver was attending school and working. School attendance records could be used to show the driver took classes at night or spent much of the day at work or school, leaving little time for a full night of rest.

Your attorney may also be able to obtain cellphone records, review social media posts and even obtain credit card data showing the driver had been awake for an extended period.

An analysis of the crash scene may indicate drowsy driving. For example, if there were no skid marks left by the at-fault driver’s vehicle, it may indicate the driver was too tired to try to stop and avoid a collision. Black box data can show sudden reactions when a driver “wakes up” and tries to over correct a steering wheel.

Head-on collisions are often caused by drowsy driving, as sleep-deprived drivers may cross the center line and drift into oncoming traffic without realizing it. Accidents caused by failing to maintain a lane may be another result of drowsy driving.

Drowsy driving crashes may be more likely to occur at night, early in the morning or in the middle of the afternoon. This may be one factor your attorney cites as evidence of distracted driving, in addition to other factors.

If you noticed signs the at-fault driver was tired after the crash, inform the responding police officer and tell your attorney what you observed. For example, if you notice these symptoms, it may be evidence of drowsy driving:

Irritability
Constant yawning
Rubbing the eyes
Bags under the eyes
Moving slowly

Not remember what happened before the crash
Frequent blinking
Trouble paying attention
Seeing a head bob before impact or a driver’s head slumped over

If you have a dashboard camera or there was a surveillance camera, it may show the other driver asleep or looking tired in the moments before the crash.

There may be witnesses who observed the driver yawning or with his or her eyes closed. He or she may have observed the driver operating his or her vehicle erratically.

Injured by a Drowsy Driver? Call TSR

For decades, the Bloomington-based vehicle collision attorneys at our firm have been advocating for those injured by another driver’s negligence. We have successfully recovered $1 billion in compensation in a variety of cases, many involving negligent drivers.

If you have questions about the benefits of hiring an attorney or whether you may have a valid claim for compensation, give us a call today. The initial consultation is free. There are also no upfront costs or fees to pay while we work on your case.

Licensed Attorneys. Proven Results. Call (612) TSR-TIME.

How Returning to Work Too Soon May Affect Your Car Crash Claim

Posted on behalf of Steve Terry
on May 19, 2022 in Auto Accidents

After being injured in a crash, victims often wonder when they will be able to return to work. Even though they are still in pain, they have financial obligations and just want to get back to normal. They think they can simply adjust to the pain and limitations caused by their injuries. Many car crash victims go back to work too quickly because they feel pressured by their employer, and they do not want to risk losing their job.

Returning to work before your injury has fully healed may hinder your recovery, but it may also affect your claim for compensation.

If you were injured, the attorneys at TSR Injury Law offer a free consultation. There are zero upfront fees to utilize our services and only get paid at the end of the claims process if we help you obtain a recovery.

Available 24/7 to take your call. (612) TSR-TIME

Dangers of Returning to Work Too Soon

Car crash victims may go back to work earlier than they should because they have bills to pay and other financial responsibilities.

However, returning to work too soon could be dangerous for your health. If your doctor has recommended not working for a couple of months but you go back to work halfway through your recovery, your injury will not be able to fully heal. Your injury may potentially get worse.

If your attorney files a claim against the at-fault driver’s insurance company, they may view an early return to work as a sign you have healed, or your injuries are not that serious. They may use your early return to work as a reason to devalue your claim.

Following your doctor’s treatment plan can help show that you are committed to getting better. While you may have the urge to get back to your normal routine as soon as possible, it is important to not have any gaps in your medical treatment because the insurance company will be watching everything.

They will do everything in their power to pay you less or pay nothing at all. This is why you need an experienced lawyer on your side to protect your best interests and help negotiate for fair compensation.

How to Protect Yourself and Your Claim

It is important that you document your injury symptoms. This includes how your injury impacts you physically and mentally. This information could be useful to your claim and allow your treating doctor to put together a treatment plan that meets your specific needs to aid in your recovery.

Be sure to include the level of pain and discomfort you are experiencing while you heal from your injury. Doing so could help you keep track of any health-related issues that may come up, such as adverse side effects from a medication. Your doctor will be able to make any changes to your treatment plan.

If your doctor has given you the all-clear to return to work, let your doctor know if you still feel that you are in a lot of pain and cannot handle your work duties. He or she may agree with you and recommend certain restrictions on your work duties. Be sure to get a note from your doctor listing these restrictions to show your employer. This documentation can also help to strengthen your claim for compensation.

Many victims will go back to work part time at first with restrictions. This is a great way to gauge pain levels, start to earn income again and balance between doing nothing versus doing too much too soon.

Speak to an Experienced Lawyer Today

If you have been injured in a crash, our licensed car accident lawyers in Bloomington are ready to help you obtain the compensation you need for your losses. You should never have to feel financial pressure to return to work too soon. Learn more about your rights and legal options in a free initial consultation.

Our intake staff is available to take your call anytime, day or night. We charge zero upfront fees to take on a case and no fees while we work on a case. We do not get paid for our services unless you get paid.

Proven Results. Millions Recovered. Ph: (612) TSR-TIME.

Assessing Fault for a Red-Light Car Crash in Minnesota

Posted on behalf of Steve Terry
on May 13, 2022 in Auto Accidents
Updated on May 17, 2022

Some of the worst car crashes happen when one or more drivers completely ignore traffic laws, road signs or traffic signals. For example, red-light car crashes often result in severe injuries and even death.

There are various reasons why these crashes are often so dangerous. We trust other drivers to stop at red lights, so much so we often do not check for traffic to the left or right when going through an intersection on a green light. Think about slowing for every green light to make sure other drivers are stopping for their red lights. When a crash is unexpected, there is little or no time to slow down or try to maneuver away from danger.

The sides of many vehicles are not built to withstand a collision the way the front and rear are built to withstand collisions. That is why you often hear about T-bone crashes resulting in devastating injuries.

Below, we discuss fault for red-light crashes and why this issue could be complicated. If you were injured by another driver running a red light and have questions about seeking compensation, give us a call today. We have the resources and proven track record to help you determine legal options.

Why do Red-Light Crashes Happen?

Red-light crashes are incredibly dangerous. In 2019 alone, according to statistics collected by the Insurance Institute for Highway Safety, 846 people died and 143,000 people were injured in red-light crashes.

Red-light crashes involve drivers running red lights and drivers making right turns on red lights. For example, some red-light crashes happen when a driver approaches an intersection with a traffic light and tries to get through a yellow light that is about to turn red. In this common scenario, if the light changes to red before the driver gets through the intersection, and the other traffic gets a green light, the red-light runner could then get hit by an oncoming car.

Drivers who are turning right on red need to be cautious and make sure they have enough time to safely make the turn without obstructing oncoming traffic. Unfortunately, drivers routinely pull out into traffic when it is not safe to do so. This may result in a rear-end collision at high speed, which can cause serious damage to both vehicles and significant injuries to those involved.

There are also red-light crashes that occur when one driver attempts to turn left. This can happen when the driver in the left-turn lane ignores a red arrow or a red light and collides with a vehicle heading in the opposite direction.

Another example of a red-light crash is when a driver slams on the brakes after a light turns yellow. The driver thinks he or she cannot reach the intersection and get through it safely before the light changes so he or she hits the brakes. This results in a rear-end crash because the trailing driver cannot stop in time.

Who is Liable for a Red-Light Collision?

Red-light crashes are usually the result of one or more drivers running a red light and impeding another driver’s right of way. If you violate another driver’s right of way, you are going to be found at fault for the crash.

However, there could be situations when fault is shared between the driver who ran the red light and the other driver or drivers involved in the crash. If another driver also broke traffic laws and this contributed to the crash, that driver may bear partial fault.

For example, if you made a right turn and it looked like traffic was clear, but another driver changed lanes as you were turning and rear-ended you, the other driver should be at least partially to blame. In some situations, that other driver may be 100 percent at fault. It depends on various factors involved in each situation.

Distracted drivers could also be found at fault for crashing into a driver who was turning right. It could be argued the distracted driver would have been able to avoid a collision if he or she was not distracted. However, the driver who was turning right may also be found at fault for violating that driver’s right of way.

Pedestrians and bicyclists could also be found partially liable if they go out into an intersection and drivers do not have enough time to avoid a collision. Pedestrians and bicyclists still need to make sure it is safe to proceed. Under state law, it is illegal to step off a curb and walk into a vehicle’s path. This could happen when a driver is turning right at a red light.

In a rear-end crash approaching an intersection where the light was yellow and the lead driver chose to stop, he or she could be found partially at fault, depending on how far he or she was from the intersection and how much time there was before the light would turn red. However, the trailing driver may have been tailgating, which could make him or her liable for the crash.

Injured in a Collision? Call to Discuss a Claim

For decades, the licensed Minneapolis car crash attorneys at TSR Injury Law have been assisting crash victims with the legal process. We have obtained millions on behalf of our clients who were injured because of the negligence of others.

An initial consultation with one of our attorneys is free and you are not obligated to hire us after this meeting. If you hire our firm, there are no upfront fees to pay, and we also do not collect any fees while working on your case.

Learn more by giving us a call today: (612) TSR-TIME.

Linking a Wrist Injury to a Minnesota Car Crash

Posted on behalf of Steve Terry
on May 10, 2022 in Auto Accidents

Car crash victims often suffer injuries to the hands and wrists, ranging from dislocations to sprains and fractures. When a wrist injury is visible on an X-ray, it is generally easier to link to injury to a car crash.

However, wrist injuries do not always manifest symptoms immediately and a fracture may not show up on an imaging test. The insurance company may say that your wrist injury is not as serious as you claim or that your injury is not related to the crash. They may also argue that your injury is preexisting, which means that your auto insurance policy would not apply.

Our licensed auto accident attorneys in Bloomington discuss what it takes to validate a car crash claim for wrist-related injuries.

We are prepared to answer any questions you may have during a risk-free, zero-obligation consultation. It costs nothing up front to use our services. Our firm only receives payment if you are compensated.

Learn if you have a case: (612) TSR-TIME.

Wrist Injuries Often Caused by Car Crashes

Car crashes can cause serious wrist-related injuries. A victim’s wrist can be injured by holding onto the steering wheel upon impact. The wrist could also hit objects in the car’s interior during the crash, such as the steering wheel, air bags, window, dashboard or windshield. Damage to any part of the wrist can cause serious pain and swelling and affect your ability to use your wrist and hand.

Common wrist injuries after a car crash include:

Dislocations

The joints in the wrist can become dislocated due to the impact of the crash. When the joints are dislocated, your wrists and hands are unable to move properly. Dislocations can be very painful and may result in permanent damage if medical treatment is delayed, or the injury is left untreated.

Sprains

A wrist sprain is an injury where the ligaments in the wrist stretch or tear. Ligaments are connective tissues that attach bones to joints. If your wrist hits a hard object in a car crash, your ligaments can become damaged, which is also called a sprain. Wrist sprains are painful and can become a chronic injury.

There are three levels of sprain:

A Grade 1 sprain (mild) where the wrist’s ligaments are stretched but not torn.
A Grade 2 sprain (moderate) where some wrist ligaments may be partially torn.
A Grade 3 sprain (severe) where one or more wrist ligaments are completely torn.

Fractures

Each of your wrists has 13 bones extending into your hands, which then connect to the 14 bones in your fingers. These bones are fragile and have a greater risk of being fractured or crushed from blunt force impact, such as in a car crash.

Damage to Tendons

The wrist tendons connect your forearm muscles to the hand and finger bones. The tendons can become inflamed due to blunt force impact. This inflammation – known as tendonitis of the wrist – can cause a great deal of pain when you grip and lift objects or move your wrists or fingers.

Importance of Medical Treatment After a Crash

It is important to seek immediate medical treatment after a car crash to check for wrist injuries. These types of injuries can get worse and may cause chronic issues if you are not seen by a doctor right away.

Additionally, since so many factors can lead to wrist pain, diagnosing the exact cause can be difficult. An accurate diagnosis is critical for proper treatment. A doctor can take diagnostic and imaging tests such as X-rays, CT scans and MRIs to determine the extent and severity of your wrist injury. Based on these results, he or she will be able to put a plan together to best treat your injury.

Your medical record can help to directly link your wrist injury to the car crash. By getting medical treatment and following your doctor’s orders, the insurance company will have a harder time arguing the existence and severity of your injuries in an attempt to deny your car crash claim.

Learn How Our Attorneys May Be Able to Help

It is never too soon to call an attorney for help after a crash. TSR Injury Law offers a free initial consultation with no legal obligation to hire our firm. This meeting is an opportunity to let us know what happened so we can determine how we may be able to assist you during this difficult time.

If you have a viable claim, there are zero upfront fees to get started. We only get paid for the services we provide if we help you obtain compensation. Our intake staff is ready to take your call anytime 24/7.

Call (612) TSR-TIME for Trusted Legal Help.

Month: May 2022