Can I Obtain Compensation if I Was Injured in a Minnesota E-Scooter Crash?

Posted on behalf of Steve Terry
on October 30, 2023 in Personal Injury
Updated on November 2, 2023

Since they first arrived in the Twin Cities in 2018, electric scooters (e-scooters) from companies like Lime, Spin, Lyft and JUMP have skyrocketed in popularity. While riding these devices is fun, it is also a convenient and cheap way to get around. However, many people forget to consider the safety risks and potential for sustaining severe injuries.

In October 2023, the U.S. Consumer Product Safety Commission released a report revealing that the number of e-scooter injuries rose 22 percent in 2022 compared to the previous year.

While e-scooter riders can suffer severe injuries in various types of crashes, they are also a risk to pedestrians. When crashes happen, drivers and scooter rental companies may bear liability for injuries and damages.

TSR Injury Law may be able to help e-scooter crash victims recover compensation for their damages, and there are no upfront costs involved. We have been strong advocates for the injured in Minnesota for decades, securing more than $1 billion for our clients.

Have legal questions after an e-scooter accident? Call for assistance: (612) TSR-TIME.

What Kinds of E-Scooter Crashes May Be Eligible for Compensation?

Whenever someone suffers an injury because of another’s negligence, there may be grounds for legal action. This can include injuries from e-scooter crashes. The Minneapolis car accident lawyers at our firm are prepared to help e-scooter crash victims secure compensation.

E-Scooter vs. Car Crashes

Despite the widespread use of e-scooters, drivers often fail to keep an eye out for riders, particularly when drivers are going through intersections or making turns and entering crosswalks. Far too often, drivers are distracted and don’t think to look out for pedestrians, much less e-scooter riders.

Drivers need to be particularly cautious when turning right on a green light as e-scooter riders may be crossing the road while drivers are completing their turns.

Scooter riders are permitted to ride on any street, but drivers might not give riders enough space when passing, which could result in a rider getting clipped by the side of a car.

E-Scooter vs. Pedestrian Crashes

E-scooter riders are not permitted on sidewalks, but sometimes riders break the law, putting pedestrians at risk. E-scooter riders also need to watch for pedestrians when crossing the street.

E-Scooter vs. Bicycle Crashes

E-scooters are allowed on bike paths in Minnesota, so there is a possibility of a crash with a bicyclist. E-scooter operators may be inexperienced and struggle to keep the vehicle under control, which could result in a crash with a bicycle rider.

Defective E-Scooter Crashes

Sometimes riders are injured because the scooter itself is defective. For example, the brakes might not work like they are supposed to, or the scooter might start accelerating without the rider increasing the throttle.

If you were injured in any of these types of collisions through no fault of your own, you may be eligible to file a personal injury claim. Contact TSR Injury Law to learn more about your rights.

Who Could Be Held Liable for an E-Scooter Accident?

Liability will depend on multiple factors unique to the accident, but the following parties often bear liability for these incidents:

Drivers – Car drivers may be liable for being distracted, violating an e-scooter rider’s right of way, or not leaving enough room when passing.
E-scooter riders – Riders may have been going so fast they could not avoid hitting a pedestrian or bicycle rider. They may have also been distracted or lost control of the vehicle. Inexperienced riders may fail to check for traffic before crossing a road, not leaving drivers time enough to stop to avoid a crash.
Scooter rental companies – These companies may have knowingly put defective or malfunctioning vehicles in circulation or failed to fix an issue that scooter users had previously complained about.

It may also be possible to hold a city or municipality liable for a crash caused by a roadway defect, like a pothole or road construction.

Is There Insurance for an E-Scooter Crash?

If you were injured in a collision with a car, you may be able to seek compensation from the driver’s liability insurance. Injured bicyclists and pedestrians may be able to seek compensation from the rental company that provided the scooter, as these companies often have liability insurance to cover damages caused by scooter riders.

Riders may wonder about whether they can use their no-fault auto insurance coverage, but these policies generally do not cover electric scooters.

Most injury claims are resolved through an insurance settlement. However, it may be possible to sue the scooter company if a scooter involved in a crash was found to be defective. These companies have a legal responsibility to take defective or malfunctioning scooters out of circulation or fix them. When products are unreasonably dangerous when being used as intended, rental companies may bear liability for damages that result.

Minnesota Laws on Riding E-Scooters

E-scooters first came to the Twin Cities in the summer of 2018. Since then, Minnesota has passed laws to regulate scooter rental companies, along with the riding and parking of these vehicles. These laws are meant to help e-scooter riders safely share the road with cars, pedestrians and bicyclists.

Scooter riders have all the rights and duties as bicyclists.
E-scooters may not be operated on sidewalks unless it is necessary to enter or leave property adjacent to a sidewalk.
It is illegal for anyone under the age of 12 to ride an e-scooter.
People between the ages of 12 and 18 must wear a properly fitted and fastened helmet
E-scooters must have headlights and taillights.
These vehicles must be ridden as close to the right curb or edge of the road unless they are overtaking another vehicle heading the same direction, preparing for a left turn, or when necessary to avoid obstacles (pedestrians, bicyclists, animals, narrow lanes or fixed objects).
E-scooters can be ridden in bicycle lanes, trails or paths that are not reserved for non-motorized traffic.
It is illegal for more than one person to ride a single e-scooter.

Call TSR Injury Law Today to Discuss a Potential Lawsuit

Falling from an e-scooter, getting hit by a car while riding one of these devices, or getting hit by an e-scooter as a pedestrian can cause devastating injuries.

Other parties may be liable if the collision resulted from another’s negligence. Victims may be eligible to seek compensation for past and future medical costs, lost wages, and more.

The legal process can be complex and overwhelming for injured victims, but at TSR, we handle these cases every day. We have been helping injured victims to secure the compensation they need for decades, and we have the resources and staff to help you.

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

Can I Recover Compensation for Hearing Loss From a Car Crash in Minneapolis?

Posted on behalf of Steve Terry
on October 24, 2023 in Auto Accidents
Updated on November 3, 2023

Hearing loss is often caused by aging or prolonged exposure to loud noises, but hearing loss can also be a side effect of a car crash injury. For example, crash victims who suffered whiplash or a head injury could suffer impaired hearing.

The experienced lawyers at TSR Injury Law discuss some of the ways a Minneapolis car crash could cause hearing loss or impairment. We discuss the symptoms of a hearing injury and how to seek compensation for medical care and other damages.

Our attorneys have been helping crash victims recover compensation for more than 25 years and there are no upfront costs to hire our services for your case.

Local Lawyers. Proven Experience. Call us today at (612) TSR-TIME.

How a Car Crash Could Damage Your Hearing

Hearing loss could be a symptom of another injury suffered in a crash, such as:

Head/Brain Injuries

Drivers or other vehicle occupants could hit their heads on something inside the car, such as the steering wheel, dashboard or window. These kinds of blows to the head could result in traumatic brain injuries that could damage your auditory pathways.

Some traumatic brain injuries may be accompanied by a skull fracture that damages the ear canal, leading to hearing impairment. It is also important to note that pieces of your broken skull have the potential to rupture your eardrum.

Other hearing-related side effects of a head or brain injury may include disruption of blood flow to the cochlea and fractures of the bones in the middle ear.

The cochlea is a bone in your inner ear that converts sound waves into electrical impulses. Damaging this bone can result in permanent hearing loss.

Whiplash

You could also suffer whiplash, a painful injury to the soft tissues in your neck caused by your head getting thrown forward and whipped backward during impact. Contrary to what some believe, you do not need to hit your head to suffer a brain injury. If your head gets thrown forward and whipped back hard enough, your brain could slam against your skull, causing a concussion.

While whiplash can result in limited mobility in your neck and pain that radiates down your shoulders and back, you could also suffer damage to your inner ear. Other conditions resulting from whiplash could include temporomandibular joint disorder (TMJ), a symptom of which is hearing loss or tinnitus.

Airbag Injuries

Sometimes hearing loss is not the result of a blow to the head, but the noise of the airbag being deployed. You may not know, but the sound of an airbag deploying can reach 160 decibels (dB). Anything over 140 dB can cause permanent loss of hearing, even if you only hear the noise once. The sound of two airbags deploying simultaneously can reach 170 dB, well above the threshold for the potential to sustain hearing loss.

What Are the Symptoms of Hearing Loss From a Car Crash?

There are several symptoms that may accompany hearing loss from a Minneapolis car crash, including:

Dizziness
Poor balance
Pressure in one or both of your ears
Your ear feels full
Burning or itching in your ear

Trouble understanding words, particularly when there are background noises
Struggling to distinguish between voices
Ringing in your ears, also known as tinnitus

If you experience hearing loss or muffled hearing after a car crash, our Minneapolis auto accident lawyers are here to help you seek compensation for your damage.

How Hearing Impairment Could Affect Your Life

Hearing loss or impairment is much more than a physical injury. For example, victims may need to change careers because they cannot work in the same field as before their injury.

This can have negative psychological consequences, as victims may experience depression and social withdrawal. Withdrawing from social situations can make depression, loneliness and other mental health challenges even worse.

Hearing loss can also affect relationships with family members and the willingness to take part in the same social and recreational activities as before the crash.

Hearing aids and other treatments may help regain hearing loss and improve your quality of life. However, these treatments can be expensive and difficult to afford without compensation from your insurance company and potentially the liable driver’s insurance company.

Proving a Hearing Loss or Tinnitus Claim

If you want to recover compensation for hearing loss from a car crash, you will first need to link your injuries to the crash. You will also need to establish the value of your damages. While bills and receipts can establish the value of your past medical bills, determining the value of other damages is not so easy.

How do you place a value on the emotional and psychological consequences of your injury? How do you determine the value of treatment you have yet to receive?

These are just two of the many reasons why car crash victims should seek help from an experienced attorney. We have been working with crash victims for decades and have a proven track record.

If you have a valid claim, our attorneys can determine the next steps you can take to document your injuries and damages. For example, you will need to see a medical specialist to fully document your hearing loss/impairment, such as an otolaryngologist and/or an audiologist. You may also need to see a neurologist if your hearing loss was caused by a brain injury.

Contact TSR To Discuss Legal Options After a Minneapolis Car Crash

Hearing loss can have a devastating impact on your life, and if it was caused by negligence, you should consider seeking legal help. An experienced lawyer may be able to pursue compensation for the cost of medical care, lost wages, pain and suffering, and more.

Give us a call to learn more about how we may be able to assist you. There is limited time to take legal action, so it is important to reach out to a lawyer right away.

There are no upfront costs with our services and the initial legal consultation is free of charge.

Call TSR Injury Law today: (612) TSR-TIME. We are dedicated to helping accident victims.

Guide to Hazardous Material Truck Crashes in Minneapolis

Posted on behalf of Steve Terry
on October 19, 2023 in Auto Accidents
Updated on November 3, 2023

Hazmat truck crashes are rare, but in the past 10 years, the number of hazardous material truck crashes across the U.S. has been on the rise. In fact, according to a CBS News analysis of U.S. Department of Transportation data, these crashes have increased by 155 percent.

While any commercial truck crash is dangerous, hazmat truck accidents add an additional layer of danger. Crash victims could suffer injuries in the crash, as well as exposure to toxic materials that could lead to long-term injuries and medical issues.

At TSR Injury Law, our Minneapolis truck accident lawyers know how devastating commercial truck crashes can be, including those involving toxic cargo. Below, we discuss what drivers in Minneapolis should know about these situations, including liability and seeking compensation.

Call today for legal assistance. No upfront fees. (612) TSR-TIME

What Is the Definition of a Hazmat Truck?

A hazmat truck is a commercial truck that is specifically designated and authorized to transport hazardous materials, such as flammable liquids, explosives or acids. Hazmat trucks come in many shapes and sizes, depending on the types of hazardous materials they are transporting.

There is an extra layer of danger in operating a hazmat truck, which is why drivers must have a specific endorsement certifying they have been trained on how to safely transport hazardous cargo. Hazmat truck drivers are often required to pass a special type of background check to further ensure drivers will take the proper safety precautions.

Hazmat trucks are also required to have more liability insurance than other commercial trucks because of the additional danger their cargo poses.

Types of Hazardous Materials Carried By Commercial Trucks

The Federal Motor Carrier Safety Administration (FMCSA) created nine classes of hazardous materials, which include:

Class 1: Explosive materials – These are combustible materials that carry a risk of explosion, such as dynamite, flares, fireworks, ammunition and blasting agents.
Class 2: Compressed gases – This class includes compressed gases that are flammable or non-flammable, such as propane, helium and fluorine.
Class 3: Flammable liquids – Examples of substances in this class include gas, jet fuel, motor oil and ethanol.
Class 4: Flammable solids and spontaneously combustible materials – This class includes materials like activated charcoal, sulfur and aluminum powder.
Class 5: Oxidizers and organic peroxides – These are substances that help burn other materials, like ammonium nitrate.
Class 6: Toxic materials and infectious biological substance – This class includes things like rat poison, potassium cyanide and infectious viruses, like anthrax, Hepatitis B and Marburg virus.
Class 7: Radioactive substances – There are numerous examples of radioactive substances, such as uranium.
Class 8: Corrosive substances – These are substances that can quickly corrode or burn other substances, like battery fluid and other strong acids.
Class 9: Miscellaneous materials – Substances that do not fall into any other classes are considered miscellaneous. Common examples include lithium-ion batteries and dry ice.

Injuries That May Result From a Hazmat Truck Crash

Commercial truck accidents with smaller passenger vehicles, bicyclists or pedestrians can cause a variety of severe injuries, from soft-tissue damage to traumatic brain injuries, spinal cord injuries and amputations.

Hazmat truck crashes also create a risk of exposure to toxic chemicals that could cause serious or life-threatening illness. Once toxic substances become airborne, they can no longer be contained and even people miles away from the crash site could be in danger of breathing in toxic fumes.

In some cases, toxic substances cause short-term symptoms, like skin or eye irritation. However, others could develop a range of permanent respiratory or neurological problems or increase your risk of other dangerous medical conditions later in life. For example, exposure to a high dose of radiation could increase the risk of cancer.

Hazmat trucks often carry flammable substances that could cause large explosions. These explosions could cause serious or life-threatening burn injuries to those nearby, along with smoke-inhalation injuries. The substances that burn may also be toxic, increasing your risk of respiratory or neurological complications.

Safety Violations That Could Cause the Release of Toxic Substances

Despite the best efforts of the driver and the company that loaded the hazardous cargo, toxic substances could leak out in a crash. While the truck driver may have been cautious about loading the cargo, he or she may have been negligent behind the wheel, causing the crash. For example, the driver may have been speeding, distracted or making an unsafe turn or lane change.

Unfortunately, drivers and other parties are not always as cautious as they should be about securing hazardous cargo. There may have been various violations of FMCSA regulations on transporting hazardous materials. In fact, the FMCSA maintains a dashboard of HazMat violations. These are some of the most common violations for the 2023 fiscal year, as of September 28:

Package not secured in trailer – 3,427 violations
Transporting materials that were not prepared according to regulations – 639 violations
Failure to properly mark the cargo with tank with an emergency shutoff – 617
Failure to maintain or make emergency response information accessible – 1,398

There are specific rules about the loading, transporting and unloading of bulk tanks, and if these rules are not followed, it puts others at risk of exposure to toxic or flammable materials. There are also rules on which materials can be loaded together and which ones should not be loaded together.

Improper labeling could result in crash victims not knowing they were exposed to toxic substances during and after the collision. This could result in a delay in medical treatment, which could increase the risk of permanent illness.

Who Can Be Held Liable For a Hazmat Truck Crash?

While truck drivers are often held liable for truck crashes, their employers may also be vicariously liable. They may have been negligent in the hiring process or in the process of ensuring hazardous materials were handled properly. Trucking companies may have let a truck continue to be on the road even though it had failed inspections. The owner of the hazardous cargo may also bear liability for improper labeling and any other oversights.

Why You Need an Experienced Lawyer To Manage Your Claim

It takes an in-depth investigation to determine liability for a hazmat truck crash. This includes everything from reviewing state and federal regulations and trucking company records, to hiring a crash reconstruction expert and pulling black box details from the vehicles involved. You also need to know what to look for and what steps to take to quickly preserve evidence before it is altered or lost.

These are just a few of the many reasons victims need help from an experienced law firm. We know commercial truck crashes can result in life-changing injuries, and hiring the right law firm is the first step in determining who may be liable for the crash and which insurance policies are involved.

Are You a Victim of a Minneapolis Truck Crash? Call TSR Injury Law

Commercial truck crash victims need experienced legal assistance. These cases are not the same as car accident cases. There are so many factors involved in a commercial truck crash case, including powerful insurance companies and trucking companies fighting hard to avoid accountability.

At TSR Injury Law, we level the legal playing field, fighting for the best interests of those injured by another’s negligence. Like you, our goal is to secure maximum compensation for your injuries and damages.

Our legal services come with no upfront costs or obligations.

Give us a call today to discuss how we may be able to help you: (612) TSR-TIME.

Why Is the Insurance Company Asking You To Undergo an Adverse Medical Exam?

Posted on behalf of Steve Terry
on October 5, 2023 in Auto Accidents
Updated on January 6, 2024

In Minnesota, crash victims can seek certain forms of compensation from their own insurance companies. Some victims may think they are more likely to recover full compensation if they are dealing with their own insurance company.

Unfortunately, your insurance company is likely to employ the same tactics as any other. They are going to look for any reason to dispute the severity or existence of your injuries. That is why they often request that you undergo an adverse medical exam, also called an independent medical examination.

TSR Injury Law’s experienced attorneys explain what you need to know about independent medical exams after Minneapolis car crashes, including whether you are required to attend.

What Is an Independent Medical Examination?

A request for an independent medical exam (IME), or adverse medical exam, may sound innocent enough. The insurance company may tell you they just want to confirm your treating doctor’s evaluation of your injury.

The word “independent” can also give crash victims a false impression, making it sound like the exam is merely an attempt to get an objective assessment of your injuries.

The truth is the doctor who performs the evaluation is anything but independent. Insurance companies select doctors who are likely to have a different opinion about your injuries than your treating doctor. Some of these doctors make a lot of money conducting these evaluations. Insurance companies hire them over and over because their opinions support insurers’ interests.

The doctor picked by the insurance company is likely to say your injuries are not as severe as your treating doctor claims. The doctor may even deny the existence of an injury or say you have a condition that existed before the crash.

The insurance company may also try to use the evaluation to attack your credibility.

When Do Insurance Companies Usually Request These Evaluations?

Some insurance policies require victims to undergo an independent medical exam in order to continue receiving treatment and having their bills paid. However, insurers may also request these exams in third-party claims when an injured person makes a claim against the at fault driver’s policy.

If the insurance company does not offer the compensation you need, your lawyer may need to file a lawsuit. After the suit is filed, the liable insurance company may request an independent medical exam while both sides are preparing for trial.

Insurance companies are more likely to request an adverse medical examination when victims are seeking significant compensation for long-term injuries.

Do I Have To Attend the Exam?

Sometimes you may be required to attend and other times you may not. For example, you are often required contractually to attend if you are filing a no-fault claim. There are limitations and the request must be “reasonable.” If you file a lawsuit against the at fault party’s insurer, you will be required to attend with few exceptions.

You should not take the insurance company at their word about whether you are required to attend. Even if they do not say you are required to attend the exam, they might tell you it will allow them to process your claim more quickly. However, it is important to keep in mind that their goal is to settle your claim for far less than it is worth, or for nothing at all.

If you are unsure about whether you are required to attend the exam, you should call an experienced Minneapolis car crash lawyer who can determine your legal rights. One of the benefits of calling a lawyer early in the process is that he or she can deal with the insurance company from that point forward. You will not need to worry about what to do when the insurance company calls or how to answer their questions.

Preparing For an Independent Medical Examination

Another advantage of being represented by an experienced lawyer is that he or she can make sure you are prepared for an independent medical exam. He or she can explain what happens during the exam and what to expect after it is done.

Getting Ready To Go To the Exam

It is important to dress well for the exam. That does not mean you need to wear a suit, but you need to look like you are taking the situation seriously. Avoid wearing worn or ripped clothing or a lot of jewelry. Women should avoid wearing high heels, as the doctor may think your injuries are not a big deal if you can walk in them.

You need to keep in mind that you may be under observation from the moment you get into the parking lot where the exam will occur. It is important to be honest about the injuries and not to exaggerate or downplay the severity.

What Happens During the Exam?

An independent medical exam should not take much more than a half hour. The doctor is going to ask you a series of questions about your injuries, perform a physical examination and write a report. Some of the questions you may be asked include:

How have doctors treated your injuries?
Do you have any prior injuries from work, recreational activities or other accidents?
Have you completely recovered?
Do you have any long-term disabilities?

How much time have you missed from work?
How did the crash happen?
How much pain do you feel each day? What causes you pain?

Even though the doctor may be looking for some reason to downplay your injuries, you should still be respectful and polite. Provide honest answers to the doctor’s questions, but be concise and do not exaggerate, as this can hurt your credibility. Make sure not to ramble or provide unnecessary information.

When the examination is over, the doctor may ask you to sign some paperwork. However, you should tell the doctor to send the paperwork to your lawyer for review.

What Happens Afterward?

When you get home, you should take notes about the examination. Write down what you were asked, what the doctor said and anything else you remember that you think may be important. Make sure to share your notes and observations with your lawyer, so he or she will have a better idea of how the exam went.

What if You Get a Bad IME Report? Can You Challenge It?

No matter how well you prepare, the IME doctor’s report may conflict with the evaluation of your treating doctor. Your lawyer can dispute the IME report and file a no-fault arbitration with the American Arbitration Association. TSR Injury Law has won thousands of these no-fault hearings by gathering evidence to back your claim, which can include:

Records from treating doctors
Statements from eyewitnesses
Statements from expert witnesses

Entries from the injured victim’s journal documenting pain and other symptoms
Explaining the law to the arbitrator that matches the client’s situation

Contact TSR for Legal Assistance After a Crash

Is the insurance company demanding you attend an adverse medical exam?

You need to know your rights in this type of situation, which is why it is important to contact a licensed attorney who has significant experience with Minnesota car crash claims.

At TSR, we have been helping crash victims for decades, securing millions on their behalf. Our services are provided on contingency, so there are no upfront fees and no fees while we work on your case.

Need legal help following a car crash injury? Contact us today: (612) TSR-TIME.