Author: Steve Terry

Many crashes are caused by distracted driving, but how do you prove the other driver who hit your car was texting while driving?

Below, learn more about the many forms of evidence that may help establish another driver was texting, eating or otherwise distracted. Our experienced Minneapolis car accident lawyers are prepared to conduct an investigation and gather evidence to help you establish your claim and eligibility for compensation.

Possible Evidence of Distracted Driving

There may be various things that can show your crash was caused by inattention or distraction, such as:

What You See at the Scene

The moments after a crash are often the most critical. It is important that you try to stay calm and objectively evaluate the crash. If your injuries are too serious, it is impossible to investigate the scene.  Maybe someone else around the crash could help.  If you are physically able you should try to document the situation.  Take pictures of various angles of the crash scene. Take pictures of the ground to show skid marks or the lack thereof. Also, take pictures of the damage to the vehicles, as this may indicate what the other driver was doing in the moments before the crash.

If you saw the other driver on the phone, eating or otherwise distracted, report this to police when they come to the scene. If it is safe to do so, try to take a peak in the driver’s vehicle for any signs of distraction, such as makeup or food being strewn about the front seat.

Eyewitnesses

Other people may have observed the driver engaging in distracted driving. If any witnesses were present before the crash, such as pedestrians, people in other vehicles or passengers, be sure you ask for their contact information. Your lawyer can contact them later and get their official statements.

Cellphone Records

Your lawyer may be able to obtain the other driver’s cellphone records, which may show if the other driver had just made or taken a call or sent or received a text message before the collision. Cellphone records should show the date and time of this activity.

In some situations, law enforcement may inspect the driver’s phone at the scene of the crash or keep it for evidence.

Social Media Activity

Your lawyer may also be able to obtain evidence of social media activity, such as a picture or post being made just before the crash or other Internet activity.

Police Reports

It is essential that you call police after a crash, especially if you think it was due to distracted driving. This can help ensure that an investigation is done. The law enforcement officer may provide an opinion about the cause of the crash for the accident report.

The officer may gather valuable information during this investigation, such as:

Traffic Camera Footage

Many cities install traffic cameras to help detect red light running and other traffic violations. These cameras may have recorded the other driver and his or her distracted behavior prior to the crash.

Minnesota Laws on Distracted Driving

Minnesota law specifically bans reading, composing or sending text messages and emails or accessing the Internet while using a wireless device while the vehicle is in motion or a person is driving. School bus drivers cannot use a cellphone while working. Additionally, teen drivers cannot use cell phones while they have a permit or provisional license.

Instead, Minnesota drivers are only allowed to touch their cellphones once or must use voice-activated commands when trying to send a message, make a call, get directions or listen to music.

Drivers can only hold a phone in their hand if there is an emergency or life-threatening situation.

Contact Us for a Free Consultation

If you were injured in a car crash and you believe distracted driving was behind it, there may be evidence to support your claim. Our experienced lawyers at TSR Injury Law know how to help you establish your claim. We may also recommend hiring an expert witness or crash reconstructionist who can provide testimony about how the collision occurred.

We do not charge a fee unless and until you receive compensation. We provide a free and confidential consultation so you can learn about your legal rights and options.

Reach us by phone at (612) TSR-TIME.

From August 1, 2019 to December 31, 2019, Minnesota law enforcement officers issued more than 9,700 tickets for violating the hands-free cellphone law.

Less than two percent (178) of the cited drivers were able to get their tickets dismissed when they took them to court, according to court records reviewed by the Minnesota Star Tribune. More than 75 percent of drivers who received citations saw their tickets and fines upheld.

Most of the other citations that do not fit into either category are either still processing or continued for dismissal, which means the charges could be dropped after a certain amount of time, provided the driver does not have any further violations.

The hands-free cellphone law specifically makes it harder for drivers to fight tickets in court.

What Does the New Law Say?

Under the new law, drivers in the state of Minnesota are only allowed to touch their cellphones one time or use voice-activated commands when attempting to make calls, send text messages via voice, get directions or listen to music while driving. Touching the phone multiple times to do any of these things is against the law.

Drivers are not allowed to hold a phone in their hand unless it is an emergency or life-threatening situation. Some other phone related activities that are prohibited under the new law are: video chatting, live-streaming video, looking at videos or photos, Snapchat, gaming, reading text messages, typing, scrolling and using non-navigation apps.

Exceptions to the Rule

Using a GPS is allowable, if the device can only be used for this purpose. In-car screens can also be used; however, these systems are usually programmed to lock when the car is in motion.

Although law enforcement agencies have been implementing a more hands-free approach to cellphone usage, any person performing official duties in an authorized emergency vehicle can legally hold a phone.

The law treats smart watches as communication devices, so they fall under the same restrictions as cellphones. A driver can look at his or her watch to check the time, however, one-touch or voice activation must be used for any other activities.

Breaking Down the Numbers on Hands-Free Law Violations

Of the 9,700 cellphone violations, there were over 2,100 drivers who were cited for playing games, watching videos or using other apps. Over 3,000 drivers were caught reading or writing an electronic message and most of the rest of the offenders were holding a cellphone while talking, video chatting or dialing a phone number.

Most offenders were between the ages of 30 and 49 with a total of 4,394 citations. Drivers between the ages of 16 and 29 comprised the second largest group with a total of 3,414 violations. Most of the rest of the citations were given to drivers between the ages of 50 and 75.

In all three age groups, men outnumbered women in the total number of violations. In the 30 to 49 age group, 54 percent of the violators were male. In the second largest group (ages 16-29), 55 percent of the offenders were male.

According to the National Highway Traffic Safety Administration (NHTSA), fatalities caused by traffic accidents have decreased by an average of 15 percent in 12 of the 15 states that have implemented hands-free statutes.

What are the Penalties?

The first offense comes with a $120 fine, and the fine jumps to $300 for each subsequent offense. This includes court fees.

Law enforcement officials must prove beyond a reasonable doubt that a driver disobeyed the law, however, it is much easier to prove because of the clarity of the law and how it explains what is allowed and what is prohibited. Police can also use dashcam video footage as evidence to prove that you were holding your cellphone while driving.

Ways to Go Hands-Free

There are several ways to avoid getting ticketed for using your cellphone, however, some are more expensive than others:

• Turn off your phone, turn-on the do not disturb feature or put it in the glove compartment.
• If you need to be on the phone while driving, you can try pairing your phone with your vehicle so you can go hands-free. If your car does not have this feature, you may need to connect your phone to an auxiliary wire to use the vehicle’s audio system to talk on the phone. Older vehicles with a cassette player can connect to your phone with an adapter that fits into the cassette player.
• You can also purchase a clip to attach your phone to the dashboard and use it in voice-activated mode. Make sure the phone is securely attached to prevent it dropping or falling onto the floor.
• Another option is to purchase a blue-tooth speaker or earphone and pair it with your phone.

Contact a Licensed Lawyer for Legal Assistance

If you or someone you know was injured in a car accident that was caused by a distracted driver, we recommend contacting a licensed attorney. Compensation may be available for medical expenses, pain and suffering, and any property damage.

The Minneapolis car accident lawyers at TSR Injury Law are prepared to hear the details of your accident in a complimentary consultation. There are no upfront or hidden fees and you are not obligated to have us represent your claim.

Our phone lines are open 24/7 to take your call. Phone: (612) TSR-TIME.

Fatigue can affect drivers in much the same way alcohol intoxication can. Tired drivers may have slower reaction times, poor judgment and poor depth perception, all of which creates a higher risk of a crash.

Unfortunately, fatigue is often underreported as a cause of accidents, according to Daniel Bongers, chief technology officer at SmartCap. This is an Australian company that builds industrial safety products, including a headband that can notify drivers if they may be drowsy.

Even if fatigue contributed to a driver making a bad decision that resulted in a crash, the accident may be attributed to construction or roadwork.

While self-driving vehicles may be the ultimate solution to problems like distracted or drowsy driving, this technology may be a long way from being implemented on a large scale.

In the meantime, there are other technologies that may help drivers right now, such as the wearable biometric sensors being developed by companies like SmartCap. Companies are now able to make these sensors lighter and more accurate and for less money. They can be built into caps, vests, wristbands and glasses.

Sensors in these wearable items can detect things like bobbing or jerking your head, as you might do if you were trying to stay awake. SmartCap’s headband can detect your brain waves and measure alertness or fatigue, notifying you if you are drowsy.

Another company, Optalert, makes glasses that monitor when you blink your eyes, supplying measurements of how long your eyelids stay down on a dash-mounted device. The device has alarms and notifications.

Maven Machines makes a headset that detects if drivers are looking forward, up, down or sideways, along with measuring the number of times you check your mirrors. You may check your mirrors less if you are tired.

Alerts created by these kinds of devices are meant to push drivers to get back into an alert state, such as by pulling over to walk around and/or have a snack. These alerts may help drivers begin to recognize when their bodies are telling them they are too tired to drive safely.

Contact TSR Injury Law After a Drowsy Driving Crash

Injured by a driver who was too tired to be behind the wheel?

Our experienced Minneapolis car accident attorneys may be able to help you pursue compensation for your damages. We know how to identify signs of reckless driving, including drowsiness or distraction, and determine if that is connected to your injuries.

The consultation is 100 percent free of charge, with no obligation to take legal action. Our attorneys do not get paid for representing you unless you get paid.

Call TSR today to set up your free consultation. (612) TSR-TIME.

Left turns are one of the most dangerous traffic maneuvers because you are cutting across one or more lanes of traffic that are going in the opposite direction. If you pull out too soon, you risk getting into a dangerous crash with another driver who may have the right of way. You may be at fault for this type of collision.

However, proving fault for these crashes may not be so simple. The driver making the turn is often at fault, but drivers going the opposite direction could also be held liable.  This is especially true if you are a passenger as both cars involved could be at fault.

Reasons for These Crashes

According to research from the National Highway Traffic Safety Administration, 36 percent of automobile crashes happen at intersections, and many of those crashes involve left turns.

These crashes are often the result of the turning driver’s negligent behavior. Common examples of this include:

Drivers who are turning must yield to oncoming traffic, including pedestrians, bicyclists and motorcyclists. They must make sure it is safe for them to move across the intersection without hitting oncoming traffic.

Exceptions When Oncoming Drivers May be at Fault

A driver making a left-hand turn might not be at fault if the other driver involved in the crash (who is traveling straight) was driving way beyond the speed limit, particularly if the other driver sped up when the light turned yellow. Aside from driving too fast, the other driver may be at fault if he or she was under the influence of drugs and alcohol that would have prevented them from driving in a safe manner.

An unforeseen circumstance could also lead to a crash for which the turning driver is not liable. For example, if an animal darts out into the road and delays your turn, the driver of the oncoming car may be liable for the crash.

Evidence That May be Used to Prove Fault

Different types of evidence may be used to prove fault in these left-turn car crashes, including:

Safety When Making Left Turns

There are several things you can do to help lower your risk of a crash when making a left turn, or if you are traveling through an intersection where another driver may make a left turn in front of your path.

First, if you can avoid making a left turn, you should consider doing so because these are much more dangerous than right-hand turns.

Always use your turn signal to alert other drivers of your intention to turn. Drivers traveling the opposite way cannot see the traffic light you see, so they may not know vehicles may be turning left. If drivers are speeding, they may see your turn signal and slow down, which gives them more time to react to trouble.

Be patient waiting for the correct time to turn. It is important not to take an unnecessary risk. You can always wait a little bit longer. If you are unsure if you can make it across the intersection, trust your instinct and wait for more traffic to pass by.

Even if you have a green arrow, which gives you the right of way, look across the intersection for vehicles that may be running a red light.

Injured in a Left-Turn Car Crash? Seek Legal Help Today

We understand what victims experience after a car crash and are prepared to pursue compensation to help you through your recovery.

Our Minneapolis auto accident lawyers have helped many car crash victims recover compensation for their injuries and there are no upfront fees for our services.

Set up your free consultation by calling (612) TSR-TIME. No fees and no risk.

Merging with other traffic can be dangerous, particularly when you are entering a highway and other vehicles are traveling at high speed. A slow-moving vehicle colliding with a fast-moving vehicle is a recipe for severe injuries.

Below, learn more about merging and fault for these accidents.

General Rules on Merging

There are certain steps drivers can take to avoid a crash when merging or when you are approaching a vehicle attempting to merge in front of you. Here are some general rules on this traffic maneuver that could help keep you safe:

• Merge your vehicle gradually into oncoming traffic. This prevents other drivers from thinking you are going to cut them off and it keeps other vehicles at a safe distance.
• Drive at a safe distance. When you are already on the highway, be sure to keep a safe distance between your vehicle and the vehicle in front of you. This provides space for merging vehicles to maneuver when entering the highway.
• Use your turn signal. Even though you might assume other drivers know you are merging onto the highway, you should still use your turn signal.
• Switch your lane of travel. If you are already traveling on the highway you should switch your lane of travel when approaching an entrance ramp. This allows merging vehicles more space to merge.
• Do not stop in the merging lane. This is incredibly dangerous. You should only stop if it is absolutely necessary. Otherwise, simply slow down to give yourself more time to merge.

Even if you follow these rules, other drivers may not, particularly if they are distracted.

Fault in Different Scenarios

When it comes to determining fault in a merging crash, it is often the driver of the merging vehicle who is held liable for the crash.

Why? In most instances, the merging driver is at fault for failing to yield the right of way to traffic already on the highway.

There are other circumstances where the merging vehicle might not be held liable for the crash. One such scenario is if a vehicle already on the highway erratically enters the merging lane and strikes the merging vehicle before it even enters the highway.

Zipper Merging

Zipper merging has become a popular merging method on the highways of Minnesota and across the country. Zipper merging is a change from the norm of early merging, which often leads to more crashes and longer backups.

A zipper merge asks drivers to remain in the lane that is ending or closing until they get to the point where the merge occurs. The drivers are then expected to take turns letting vehicles into the lane that is still open.

A zipper merge provides the following benefits to drivers:

Reasons Merging Crashes Happen and How to Avoid Them

The most common reasons why merging crashes happen include the following:

Injured in a Merging Crash? Call TSR Injury Law Today

Have you or a loved one suffered an injury in a merging crash?

It can be challenging to determine fault in such a crash, especially if you were the merging driver.

Consult with an experienced Bloomington car accident lawyer from TSR Injury Law about your claim.

Call us at (612) TSR-TIME to schedule a consultation.

If you were injured in a car crash in Minnesota, you can pursue compensation from your own car insurance. What happens if you were a passenger in the accident?

Below, the experienced lawyers of TSR Injury Law explain how car crash victims may be compensated from their insurance policies after sustaining injuries in a collision. Find out if you might be eligible for compensation for your injuries – request a free, no-obligation consultation with our team today.

Who Pays Your No-Fault Benefits?

Minnesota follows a no-fault system for car crash claims. No-fault means personal injury protection (PIP) coverage that allows $20,000.00 in medical and $20,000.00 in wage loss benefits. It does not matter which party is at fault for the crash as each driver can pursue PIP compensation from their own insurance company. Again, the PIP no-fault side pays medical bills, wage loss and other contractually allowed benefits. Please note, the at fault party also has legal responsibilities above and beyond the PIP coverages.

Even though they were not in their own vehicles during the collision, passengers can obtain no-fault coverage and benefits from their own no-fault insurance coverage. For example, if you are a passenger in a friend’s car that gets rear-ended. You would make a PIP claim to your policy on your car still parked at home. Your rates do not go up and there is no legal consequence for being forced to use your own auto insurance. You must make a claim to your insurance company within six months of the accident, but it is best to file a claim as soon as possible. Even a few day delay can allow an insurance company to question the claim.

If you do not have your own vehicle with insurance at the time of the crash, you can file a claim with the no-fault insurance policy of a resident relative. For example, if you live with your brother, his car policy will provide for no-fault benefits.

If that is not an option, you can file a claim with the PIP policy covering the vehicle you were in when the crash occurred.

The only other option for passengers for obtaining no-fault coverage is to file a claim with the state’s Assigned Risk Plan. This only works for people who do not own a car without insurance, do not reside with anyone (not only a relative) who owns a car without insurance and if you were a passenger in a non-owned uninsured car. There are several legal barriers to this free PIP coverage that TSR Injury Law can explain with a free consultation

PIP Coverage Requirements

Licensed drivers in Minnesota are required to carry personal injury protection (PIP) insurance. State minimums for PIP coverage include:

Additional Coverage from the Driver’s Policy

You may also be able to obtain compensation from the at fault driver’s liability coverage if any of the following apply to your crash:

Approved claims are paid out through the at fault driver’s liability insurance coverage first. If this coverage is insufficient to cover your damages, claims may be paid through your own (or a resident relative’s policy) underinsured motorist coverage, up to the policy maximums. If the at fault driver does not have insurance, then you can make a claim under your own policy for uninsured motorist coverage.

What About Filing a Lawsuit?

Since Minnesota is a no-fault state, it has restrictions on when crash victims can sue a driver, and these restrictions apply to passengers as well. You must meet one of the thresholds to pursue a bodily injury claim. Again, the thresholds are: death, or $4,000 in medical bills (not including scans or X-Rays), or become disabled for at least 60 days, or suffered some sort of permanent injury or be permanently disfigured.

Certain crash scenarios set up difficult family dynamics. All claims are handled through auto insurance, but sometimes passengers may not want to sue if the driver was a family member or close friend. Even if there is no personal financial liability from the driver, a passenger may not want to “sue” or even “make a claim” against a relative driver.

Contact Our Licensed Lawyers for Help

If you were injured in a car crash, you may be eligible to seek compensation for the damages you have suffered, including medical expenses, lost wages, and pain and suffering. TSR Injury Law’s Bloomington car accident attorneys help victims pursue the maximum compensation available.

Request a free, no-obligation consultation today and learn what legal options you may have for pursuing compensation for your injuries. We charge no upfront fees and payment is only owed if we recover compensation for you.

Reach us by phone anytime, 24/7. (612) TSR-TIME or fill out our Free Case Evaluation form.

Some car crash victims may assume they are unable to file a claim because they were not wearing a seat belt at the time of the collision. The problem is, the issue can be a lot more complicated than that.

Discussing the crash with an experienced Minneapolis car accident lawyer from TSR Injury Law may be in your best interest because you may still be able to pursue compensation.

Minnesota Seat Belt Laws

Minnesota’s seat belt law requires that all drivers and passengers – including those in the back seat – be buckled up with a seat belt or appropriate child car seat. This is a primary law, so drivers can be stopped if a law enforcement officer observes a violation of this law. The driver or passenger may be issued the ticket, depending on his or her age. These tickets and fees can surpass $100.  This is the criminal side of the seat belt law.

Even though it is against the law in Minnesota to be transported in a vehicle without wearing a seat belt, Minnesota civil law prohibits using evidence of not using a seat belt in personal injury or property damage cases. In other words, insurance companies cannot add fault to you for not wearing a seatbelt.  One exception to the civil rule is when the case concerns a manufacturing defect in a seat belt or child passenger restraint system. The claim is then built upon the seatbelt and therefore usage is part of the claim.

Arguments Made by Insurance Companies

Insurance companies may still try to reduce any settlement offer they make you or deny your claim outright for failure to wear a seat belt. The insurance company may argue that you were partially liable for your damages. It might argue that you would not have been injured had you been wearing your seat belt or that you made your injuries worse than they would have been by not wearing your seat belt at the time of the accident.

Some pieces of evidence that may help strengthen your claim include:

• Medical records or statements from medical experts that reveal that your injuries were not due to non-seat belt use
• Dash cam recordings that show even if you had been restrained, you still would have been injured
• Testimony from accident reconstruction experts who can explain your injuries were not more severe because you were unrestrained
• Photographs of the accident that show its severity
• Footage from surveillance cameras near the scene of the accident

Comparative Fault in a Car Crash Claim

If your driving negligence contributed to the accident, Minnesota’s comparative fault law may apply. According to this law, you are not barred from recovering compensation for a claim even if you were partially negligent, provided your degree of negligence is not greater than the defendant’s degree of negligence. As long as you are less than 50 percent at fault, you may make a claim. However, your award is reduced in proportion to your degree of fault. Therefore, if you are found 20 percent at fault and suffered $10,000 in damages, your recovery would be reduced by $2,000 to $8,000.

Contact TSR Injury Law for Help with Your Claim

If you were injured in a collision and are concerned about how not wearing a seat belt may impact your claim, the personal injury team at TSR Injury Law is available to answer your questions.

Our lawyers offer a free consultation to discuss your claim and explain your options. We charge no upfront fees and work on a contingency. If there is no recovery, there is no fee, so there is no risk to you either way.

Contact us today to schedule a free consultation. TSR Injury Law: (612) TSR-TIME.

Drivers have a legal obligation to properly maintain their vehicles to ensure they are safe to operate. If they fail to uphold this duty and a crash results, they may be held liable for their negligence.

The TSR Injury Law team is prepared to investigate all factors that contributed to a collision and determine who may be liable and why.

Was the Malfunction Foreseeable?

A central question involved in negligent vehicle maintenance cases is whether the owner was aware of a problem with the vehicle and could reasonably anticipate that it could cause a crash. If the owner knew or should have known about a problem that could foreseeably result in the vehicle’s failure and possibly a collision, he or she might be held legally liable for the damages that result.

Here are some scenarios where an owner should probably be aware of a maintenance issue:

• The owner hears a noise – Hearing an unusual noise while driving is usually a tip that something is wrong. For example, if the owner hears a loud noise when turning, this may suggest a problem with the power steering. If the power steering goes out on the vehicle, the owner may lose control of the vehicle and cause a crash. Bad brakes may also be noticeable by a loud screeching or grinding noise.
• A light appears on the dashboard – Many modern vehicles are equipped with warning lights that indicate a problem with the engine or other issues with the vehicle.
• The owner observes spills – The owner may see a buildup of oil, power steering fluid, water or brake fluid in his or her usual parking space. He or she may see a balding tire or separated tire tread. These observations indicate a problem with the vehicle that should be checked out and addressed.
• The vehicle handles differently – Sometimes the owner may not know that there is a problem with a vehicle until he or she notices something different when driving it. For example, he or she may encounter a grinding constriction when turning that may indicate a problem with the power steering. If the vehicle pulls to one side, there may be a problem with a wheel, there may be brake problems or the vehicle may need an alignment.
• Report from mechanic – The owner may take the vehicle in to a professional and receive a printout or verbal opinion about a problem. The owner may not be able to afford the repair and may continue to drive the car despite the possibility that the vehicle may malfunction.
• Mechanic may also be liable – if the car owner gets their car “fixed” but it still malfunctions later and causes a crash, the mechanic might have legal responsibility for the crash.
• Receipt of factory recall notice – If the vehicle owner received a recall notice of a problem and did not take in the vehicle to have the issue corrected, this can support your theory that a potential collision was foreseeable. Many vehicle recalls are very important and need to be immediately addressed.

Components that Often Cause Crashes

When certain components fail or malfunction, there is a high risk for a serious accident that could result in severe injury or death.

Here are some vehicle problems that may be caused by poor maintenance:

How a Lawyer Can Help

TSR Injury Law represents personal injury victims. We handle all aspects of the legal process to allow victims to focus on recovering. Our Bloomington car accident lawyers have a proven track record of recovering fair compensation for our clients.

We offer a free consultation to discuss your claim and your legal options. Contact us today to schedule your complimentary and confidential case review.

TSR Injury Law: (612) TSR-TIME.