Can Drivers be Held Liable for Failing to Prepare Their Cars for Winter Driving?

Posted on behalf of Steve Terry
on November 30, 2022 in Auto Accidents
Updated on December 28, 2022

Winter can be a dangerous time to drive, as you can encounter snowy or icy conditions that make it harder to avoid a collision.

Drivers involved in winter car crashes may say there was nothing that they could do to avoid a crash. This might not always be true, though. Their negligence may have contributed to the crash. For example, they may have been speeding or violating the other driver’s right of way with snow or ice just making it worse.

In some cases, the at-fault driver’s car was not prepared for winter weather. For example, if the at-fault driver was driving on underinflated tires or had old windshield wipers. If you get injured in a crash during the wintertime and are unsure about your legal options, give us a call. The initial legal consultation with a Bloomington-based auto accident lawyer is free and comes with no obligation to hire our firm. We also charge no upfront fees.

TSR Injury Law. Call today: (612) TSR-TIME.

Preparing Cars for Winter Driving

Driving during the winter can be dangerous for many reasons. For example, your tires could lose traction on an icy roadway, causing you to lose control and crash into another vehicle or a fixed object.

That is why drivers need to make sure their vehicles are prepared before they go out on the road. Some of the vehicle components they need to check include the following:

Tires

Drivers need to make sure their tires are fully inflated. Underinflated tires can make it harder to control a vehicle. If your tires remain underinflated for too long, it could reduce their lifespan.

Overinflated tires are at higher risk for a blowout. This can be incredibly dangerous no matter what time of year. A tire blowout on a snowy or icy road could be even more dangerous.

You can inflate your tires yourself or take your car to a qualified mechanic to do it for you. If you go to a mechanic who regularly works on your car, he or she may inflate your tires for free. A mechanic can also inspect the treads on your tires to ensure they are not too worn down.

If you regularly encounter heavy snow or slippery roads, you should switch to snow tires.

Windshield Wipers

Another reasonable step drivers can take to prepare their cars for winter is making sure their windshield wipers are not too worn down. Old windshield wipers will not clear away snow or rain effectively, impairing visibility. This could make a crash much more likely to occur.

You can buy new windshield wipers or buy a set of winter windshield wiper blades. These are designed to clear away snow and prevent snow or ice from getting stuck on the blade.

Headlights and Taillights

Drivers need to make sure their headlights and taillights work. If your headlights do not work, or they do not work as well as they should, your visibility may be impaired. Ensuring the bulbs work and cleaning the lenses is also important.

Engine Oil

The oil in your engine loses viscosity in colder temperatures. This means your engine might not be properly lubricated. This could lead to a breakdown. This could happen at the wrong time, such as while your car is in motion which could cause a crash

You could switch to a winter-grade oil to help your engine continue to function at a high level.

Removing Snow or Ice From Your Vehicle

Drivers need to remove snow and ice from their vehicles before driving. Otherwise, snow or ice could fall off and cause another driver to get into a crash. Sometimes the crash that occurs only involves one vehicle. For example, ice may cause another driver to veer off the road and hit a tree or road sign. That said, another driver would still be liable for damages from the crash.

Building a Case for Poor Vehicle Maintenance

Drivers could be held liable for a crash that resulted from poor maintenance of their vehicle. Your lawyer needs to prove the crash was avoidable had the at-fault driver done a better job of maintaining his or her vehicle.

Your lawyer needs to thoroughly investigate the crash to determine what happened and work backward from that. For example, if the victim was rear-ended, your attorney must figure out what happened. Often the rear driver in a rear-end crash was distracted, speeding or following the lead vehicle too closely.

However, sometimes a rear-end crash is due to old tires that could not gain enough traction on the road. This may be more likely to happen in the winter because of ice or snow on the road, or because tires were old or underinflated. One way to think about it is the weather combined with the driver’s negligence is the reason for the crash. However, the weather cannot be held liable for a crash.

Pictures of the at-fault driver’s tires may be enough to show they were old and should have been replaced. For example, pictures may show the treads were worn down to an unsafe level. The sidewalls of tires also say when the tires were made. If the tires were old, it may be easier to assign fault to the driver for not replacing the tires.

If the lead driver’s broken taillights caused the crash, your lawyer may look to see if the lead driver had been cited by police for a broken taillight. If the driver had been cited, this is proof he or she knew about the problem and did not get it fixed. If a driver legitimately did not know about the broken taillight, it may be harder to assign fault to him or her. That said, it would be difficult for the at-fault driver to prove he or she did not know.

Contact Us Today to Discuss Your Crash

If you were injured because of another driver’s negligence we might be able to assist you in pursuing compensation for your damages.

Our firm takes cases on contingency, which means there are no upfront fees or legal obligations with our services. That means no fees before taking your case and no fees while pursuing compensation.

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

How Car Crashes Can Cause Crush Injuries and What These Claims May Be Worth

Posted on behalf of Steve Terry
on November 29, 2022 in Auto Accidents
Updated on December 9, 2022

Car crashes can cause devastating injuries, particularly if a commercial truck is involved or when one or both vehicles are traveling at high speed. If any of your body parts are subjected to extreme force or pressure at impact, you could suffer a crush injury. These injuries can result in a variety of symptoms that could become life-threatening or life-altering.

Below, we discuss crush injuries in a car crash, including common symptoms and what they may be worth in an insurance claim. If you were seriously injured in a crash, our attorneys are ready to help you pursue full compensation for your damages.

We know crash victims often have many questions about insurance claims, including whether they need, or can afford, a lawyer.

At TSR Injury Law, there are no upfront costs or fees with our services. Our Bloomington-based car accident attorneys have been representing crash victims for more than 20 years. During that time, we have obtained millions on behalf of our clients. Unlike insurance companies, our goal is to obtain all the compensation you need, and we have the resources and legal experience to build a robust case.

How Could a Car Crash Cause a Crush Injury?

You may have heard about crush injuries happening in workplaces, such as factories or construction sites. For example, workers could have a body part get pinned under a heavy piece of machinery or caught between two pieces of machinery. Workers could also get hit by falling debris that pins them down, causing a crush injury.

These injuries can also happen in high-speed car crashes. If the force of impact is great enough, vehicles could suffer significant structural damage. This could cause your arms, legs or chest to get pinned in place by the wreckage.

If you get into a rear-end crash with a commercial truck, such as an underride crash, the back of the truck’s trailer could break through your windshield and hit you in the chest. If a commercial truck hits the back of your car and pushes your vehicle into another, your vehicle could be compacted, subjecting your body to a crush injury.

A semi-truck could also run over a smaller passenger vehicle or run over a pedestrian or bicyclist. This could cause a severe crush injury.

It may also be possible for a vehicle’s engine to be pushed into the passenger compartment during the collision. In a rollover crash, occupants may become pinned between the vehicle and the ground. Pedestrians could suffer crush injuries if they get hit by a car and are pinned between the car and a fixed object, such as a wall or another vehicle.

No matter the cause, these injuries can be severe, and without the help of an experienced attorney, it can be difficult to recover full compensation for your damages. TSR Injury Law is committed to pursuing full compensation.

Symptoms That Often Happen After a Crush Injury

There are numerous signs that a crash victim has suffered a crush injury, including the following:

Severe bruising
Broken bones (including bones in the arms, legs, head, neck, back or ribs)
Nerve damage
Severe lacerations
Severe bleeding

Damage to soft tissues and muscles
Acute injury to the lungs
Lactic acidosis
Damage to internal organs
Infections

These and other injury symptoms should be treated immediately. Waiting to seek treatment can be incredibly dangerous, particularly with a crush injury. Not seeking treatment quickly can put you at risk for life-threatening complications. This is especially true if the crush injury affects your torso, as your vital organs are inside.

Potential Long-Term Impact of a Crush Injury

Potentially life-threatening medical conditions can develop after crash victims suffer crush injuries. For example, if a limb was crushed in a crash, you might develop limb ischemia. This refers to reduced blood flow to the area. Even with treatment, victims may need to have the limb amputated. There is also a risk of cardiovascular complications.

Some of the long-term risks with crush injuries can include:

Crush Syndrome

When the body is subjected to intense pressure, cells can die quickly. When cells die this quickly, they release toxins into the bloodstream. This could put you into cardiac arrest or even cause kidney failure. In extreme cases, crush syndrome can be fatal. That is why immediate treatment for a crush injury is so important.

Hyperkalemia

Hyperkalemia occurs when cell death causes too much potassium to be released into the bloodstream. This condition could become fatal if it triggers cardiac arrest.

Hypovolemic Shock

This is a condition that occurs when you lose at least 15 percent of your body’s supply of blood. When this happens, your heart cannot pump enough blood through your body and your organs could shut down.

Compartment Syndrome

If muscles, nerves and tendons are compressed into a small space or compartment, tissues may be unable to get enough blood.

There may also be a risk of paralysis with a crush injury, such as a crush injury to one of the legs or to the spine.

Treatment for Crush Injuries

Unfortunately, there are times when a crush injury results in amputation of a limb. This may be the only way to remove some victims from the damaged vehicle.

There are also times when doctors later decide to amputate because of restricted blood flow, which can cause the cells and tissues in the extremity to die. It can be dangerous to leave a limb attached in this condition. It could cause infections or toxins to spread throughout the body.

Amputation is only necessary in extreme cases. However, there are many other potential treatment options, such as hemodialysis, which may help prevent kidney failure. Other treatments may include:

Mannitol therapy, which is meant to flush out toxins that may have gotten into the kidneys
Forced alkaline diuresis, which is another way to flush out the kidneys
Close monitoring of patients to detect cardiac arrythmias

Replenishing electrolytes and treating abnormalities with electrolytes
Using an IV to slowly replenish fluids in the area that was crushed

Determining the Value of a Claim for a Crush Injury

There are many factors that can affect the value of a claim for a crush injury, particularly the severity of the injury. For example, a crush injury to the torso could be much worse than a crush injury to an arm or leg. When a crush injury causes the amputation of a limb, the victim’s ability to work may be greatly affected, increasing the value of the victim’s damages.

Older victims and younger victims tend to be more fragile, which means a crush injury could be more devastating to their bodies. These victims may need more compensation than others.

Regardless of the victim’s age or health, he or she will likely need aggressive treatment for a crush injury. This treatment could reduce the risk of severe or even fatal consequences; however, it is not cheap.

Crash victims who suffer crush injuries may also need ongoing medical treatment. This means they may continue to accrue medical expenses, even after settling their claims and receiving compensation. That is why victims need an experienced attorney who knows how to calculate the full value of medical treatment.

Your attorney will need to review your medical records and talk to your doctors to determine what treatment you may need to manage your symptoms and protect your quality of life.

Injured in a Crash? Call to Discuss an Insurance Claim

Unsure about how to seek compensation for a crush injury or another type of injury you suffered in a vehicle crash?

Contact TSR Injury Law to discuss the crash and learn how we may be able to assist you. We represent crash victims at no upfront cost, which means no fees to take your case and no fees while working on your case.

While many claims settle, we are also prepared to take cases to court to obtain full compensation. Without an experienced attorney with a record of taking cases to court, it may be much harder to recover all the compensation you need.

Contact TSR Injury Law today. We are ready to help: (612) TSR-TIME.

What if the At-Fault Driver and the Victim Have Different Versions of What Happened?

Posted on behalf of Steve Terry
on November 15, 2022 in Auto Accidents
Updated on December 8, 2022

When car crash victims file claims against other drivers’ liability insurance policies, they must prove the other driver is at fault for the crash. There are various types of evidence that may be used to establish fault, including statements made by the victim and the at-fault driver. The trouble is that the victim and the other driver may have different versions of what happened.

There are times when accounts of the crash differ because someone is lying, such as the driver who caused your crash. However, there are also times when the at-fault driver is not lying but his or her account of the crash is simply different from yours. Perhaps the other driver had a different view of the crash and there were things he or she could not and did not see.

At times like these, you need an experienced attorney to help you build a strong case. TSR Injury Law’s Minneapolis auto accident lawyers know how to gather evidence to prove a case. We have been helping crash victims since 1998 and we have secured millions on their behalf.

Why Your Account of the Crash May Differ From the Other Driver’s

There are many reasons why your recollection may differ from the other driver. If the other driver is at fault, his or her negligence may have prevented him or her from noticing the same things you did.

For example, if the other driver was drunk or distracted, he or she would not have been fully aware of what was happening. He or she may not have realized there was a red light or stop sign. The other driver may claim you came out of nowhere, even though you had the right of way. The other driver is not necessarily lying, he or she was just not paying attention.

In a multi-car crash, it is difficult for any driver to have a complete picture of what happened. You may remember what happened in the first couple of seconds, but there may be a lot you do not know. When there are multiple impacts, victims are going to focus on their own safety, not what is happening outside their car.

Sometimes drivers do not know the right-of-way laws that govern the situation in which your crash occurred. This can lead them to make statements that are untrue.

For example, many drivers have no idea who has the right of way when there is a flashing red light. Often, one driver will decide to go, and several others will follow. Even though this group of cars is in the intersection, cars from another part of the intersection may move into the intersection. Many of these drivers may not think they are doing anything wrong. If a crash occurs, the drivers involved may have varying accounts of what occurred.

Sometimes drivers’ view gets obstructed by inclement weather or glare from the sun or another car’s headlights. This can prevent a driver from seeing what happened in the moments leading up to a crash.

Telling Your Side of the Story

You may overhear what the other driver tells police when you are at the scene of the crash. You might also get into a conversation with the other driver immediately after the crash, such as when you are exchanging information.

While you may hear things you know to be untrue or statements that leave out important details, there is no need to confront the other driver about it.

Talking to the Police and an Attorney

The most important thing is to tell the police what your version of events were and if there are witnesses make sure their story is also known. Your attorney can later investigate the crash to gather more evidence such as video, audio or unknown witnesses to prove what happened. If the other driver was negligent, a thorough investigation is likely going to uncover evidence that proves it.

If you think the police report has an error, your attorney may be able to help you get it corrected. Your lawyer may be able to just call the police department and quickly get the situation resolved.

If you have an experienced attorney on your side, the other driver is much less likely to get away with lies or misstatements about the crash. Explain what you remember to the police and your attorney and avoid discussing things you are unsure of. If you do not know something, avoid discussing it with the police. You can talk to your attorney about it because these conversations are confidential.

Taking Notes on the Crash

It can be helpful to take a few minutes to write down what you remember about the crash. For example, you could do this after you receive treatment, or even at the scene, depending on the severity of your injuries. Another option is to record a video in which you talk about what happened. When you talk to an attorney, tell him or her what you remember. Make sure not to leave anything out.

Staying Consistent

Consistency in your statements is important because it helps protect your credibility. That is why talking to the insurance company is a bad idea. Conversations with your attorney are protected by attorney-client privilege. However, anything you say to the insurance company will be used against you to diminish the value of your claim. You may be surprised at how easy it can be to make inconsistent statements to the insurance company.

You do not need to say much at all to the insurance company – attorneys can talk to insurers on your behalf. They can ensure statements about what happened in the crash are consistent. Insurance companies are not going to try to trick attorneys into saying things that call a crash victim’s credibility into question. Experienced attorneys, like those at TSR Injury Law know what insurance companies are up to.

Evidence to Back Up Your Claim

If the other driver is lying or has a different version of events, you will need more evidence to prove your case. Fortunately, there are various types of evidence that may help you build a strong case:

Analysis of the damage to both vehicles
Your injuries and their severity
Police report, which may include the officer’s conclusion about fault for the crash
Pictures from the scene
Video footage if any is available

Conclusions from an accident reconstruction expert
Statements from witnesses at the scene
Black box data from involved vehicles
And more

You can find an experienced attorney to represent you. One who knows how to investigate car crashes to decipher what happened. Even though some crashes seem obvious what happened, the insurance company is going to fight hard to find a reason to deny a claim. That is why you need an attorney who knows how to fight for you.

Contact Our Firm For Help Following a Crash

While compensation from an insurance claim cannot erase what happened, it is still important. Compensation allows victims to get medical treatment and cover other damages that resulted from their injuries.

However, you need full compensation. You do not want the insurance company’s first offer, which is often far below the full value of a claim.

That is why you need an attorney from a firm with a proven record, like TSR Injury Law. We have obtained compensation from many insurance companies. We know how to build a strong case and negotiate for maximum compensation.

No upfront fees for our services. Call us today: (612) TSR-TIME.

How a Personal Injury Could Limit You at Work or Make You Unable to Work

Posted on behalf of Steve Terry
on November 8, 2022 in Personal Injury
Updated on December 8, 2022

The physical and cognitive toll of a personal injury could limit you in the workplace. In some cases, an injured victim cannot work during his or her recovery. Injury victims may not be able to get back to the jobs they held before the accident. He or she may need to change careers or stop working altogether.

Below, we discuss some of the many ways a personal injury could impair your ability to do your job. If your injuries affect your ability to do your job, our attorneys may be able to help. We may be able to help you recover compensation for lost damages and loss of earning capacity.

TSR Injury Law’s experienced Bloomington personal injury attorneys help injured victims obtain compensation for damages, which often include lost wages. We also know how to determine a victim’s lost earning capacity if he or she cannot continue working in the same capacity as before the accident.

Injured by Negligence? Call TSR today: (612) TSR-TIME.

Injuries That Could Cause Limitations at Work

There are so many injuries that could affect your ability to work, even if it is only for a short period of time. For example, a severe or complex fracture could limit you at work for several weeks or longer. You will probably need to keep the area immobilized, which could make it challenging or impossible to work for a certain time. Your doctor may tell you not to work for a certain period and place a limit of the number of hours you can work.

It is important to note some people may be able to work more than others, depending on the type of job they have. If you work in an office in front of a computer and you have a broken leg, you may still be able to work a significant amount. However, if you work in construction or in a job that requires you to do a lot of heavy lifting, you may not be able to work at all until your injuries heal.

Other types of injuries that could affect your ability to work include:

Traumatic brain injuries
Amputations
Whiplash
Herniated discs
Severe burns

Internal injuries
Crush injuries
Damage to tendons or ligaments
Eye injuries
And more

Physical Limitations That Could Result From an Injury

Some injuries prevent you from performing some or all the tasks involved in your job. For example, you may not be able to operate machinery at a construction site or in a factory. Some tasks require two hands, and one hand may be immobilized as part of your recovery.

There are some jobs that require a lot of physical activity. For example, plumbers, electricians and air conditioning maintenance workers may be limited or unable to do their jobs while recovering from an injury.

If a victim works as a bartender or server, he or she may be unable to stay on his or her feet as much as the job requires. Lifting trays with drinks or food may be difficult, too. Your doctor may place a limit on how many pounds you may lift during your recovery. Sometimes employers can find ways to accommodate an injury. This may allow an injured victim to continue working. For example, if your vision is affected by an injury and you work at a computer, there may be some accommodations.

It is not a good idea to struggle through a job if you are in pain or your injuries are limiting you. When one body part is injured and you try to keep doing the same things you did before the injury occurred, you may end up compensating. That means you may put unusual strain on other body parts. This can result in further injury and make your recovery take longer.

That is why it is important to follow the doctor’s orders about working. You do not want to lengthen your recovery, and if you aggravate your injuries, the insurance company may try to deny compensation. They may claim you are making your injuries worse to try to inflate the value of your claim.

Mental/Cognitive Limitations That May Result from a Personal Injury

A traumatic brain injury could make it much more difficult to do your job, particularly if your job involves things like:

Problem-solving
Communicating with a lot of people each day
Selling things over the phone or in person
Leading a team of people

Prioritizing tasks
Creative work
Remembering a lot of details or complex information

Sometimes brain injuries cause headaches that make it hard to concentrate for extended periods. Even if you can go back to work and your doctor allows it, you may only be effective at your job for a few hours. You may need to limit your hours during your recovery.

Sometimes accommodations can be made for a brain injury, such as working from home if you do a lot of work on a computer. The lights at the office and all the activity could be disturbing after a brain injury – some people suffer sensitivity to light and sound after a concussion or other type of brain injury.

There can be psychological limitations associated with personal injuries, too. You may struggle to get a good night’s sleep, which can increase irritability and anxiety. Some people experience depression that makes it harder to work. Depression and other mental health issues could make it much harder to concentrate at work.

What if You Suffer Lost Earning Capacity?

The insurance company may try to downplay the long-term effects of your injuries. That is why you need experienced legal assistance.

At TSR, we are committed to securing all compensation for your damages, including the cost of ongoing damages like lost earning capacity. The value of lost earning capacity is based on many factors that our attorneys know how to evaluate, such as your education, age, job skills, history of promotions and the expected earnings in the field in which you were working before your injury.

Contact TSR Injury Law Today to Discuss Your Claim

For more than two decades, TSR Injury Law has been assisting injured victims in the pursuit of compensation. We have secured over $1 billion on behalf of our clients.

We represent the injured on contingency. There are no upfront fees and we do not collect our fees unless you receive compensation through a settlement or courtroom verdict.

Free consultation. Give us a call today: (612) TSR-TIME.

Month: November 2022