Auto Accidents

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.

Insurance companies often offer compensation to victims very quickly. They know victims are anxious to receive compensation because of mounting medical expenses, car damage, rental bills and wage loss. Sometimes insurance companies will try to settle the property claim and then add a few dollars for the “rest of the claim” when an injured person does not understand what they are settling for. Insurance companies also know victims have no idea what a “case” is worth, and that people receive on average three times more with legal representation.

However, it rarely is a good idea to accept a quick settlement. Learn more about why insurers make settlement offers to victims and how you should respond.

Reach out to an experienced Bloomington personal injury lawyer from TSR Injury Law to discuss the insurance company’s settlement offer. We may be able to help you obtain fair compensation for the damages you have sustained.

Initial Offers are Usually Too Low

If an insurance company offers a settlement soon after a crash, it is likely to be worth much less than the full value of your damages. The insurance company is looking to close out the claim quickly and pay out the lowest amount of compensation it can. Insurance companies are not concerned about you receiving fair compensation or fully recovering for the losses from your crash. They are businesses focused on profit. The less they pay out for claims, the more profit they make.

Insurance companies like to offer quick settlements because victims often take them, out of fear they may not get another offer. They also may feel anxious as bills and expenses pile up and they cannot work.

Once you settle your claim, you give up the right to pursue more insurance compensation and the right to file a lawsuit. This is devastating if you later find out your injuries were more severe than you first knew or discover the true value of the claim was short by a multiple of three.

Can I Counter?

Many accident victims are afraid to reject an insurance company’s offer because they fear that they will not make another offer. However, the first offer is usually not the last one the insurance company will make. The insurance company has an incentive to settle claims outside of court to avoid the cost and uncertainty of trial. They expect you to negotiate. The greater issue is injured people do not know the “value” of the claim. A first or last offer is usually much less than what the same claim is worth with legal representation. Why? Because attorneys that specialize in the area have thousands of other claims to compare to and most importantly, if the insurance company does not act fairly, a lawyer can hold them legally accountable. Injured people can only be mad about low offers.  An attorney can actually do something about it and the firm’s reputation of prior litigation success also plays into the insurance company offer. The law allows for a multitude of claims. They include:

In addition to damages that are easier to calculate (like wage loss) there are “soft” damages to consider. These include the effects the accident may have on your life, such as:

When Should You Settle?

The reality is that most personal injury claims settle, many before a lawsuit is ever filed. It is your case and ultimately your decision when you decide to settle. However, it is a good idea to discuss the situation with an experienced lawyer, who can help determine the fair value of your claim. A free legal consultation is key to any educated decision.

Your lawyer will likely advise you not to settle your claim until you have healed from your accident. At that point, your lawyer can better determine the cost of future medical care and how your injury may affect your life moving forward. A lawyer can also settle part of the claim and keep other parts open.  For example, the car damage and rental can be settled quickly, but the end injury claim can remain open if the proper release is used.

Contact TSR Injury Law for Help

You do not have to confront the insurance company alone. The experienced attorneys at TSR Injury Law may be to help you pursue maximum compensation from the insurance company. You do not have to accept a lowball settlement offer from the insurance company that will not fully compensate you for the damages you suffered.

Contact us today to schedule your free case review. (612) TSR-TIME

In most states, car crash victims pursue compensation from the at-fault driver’s insurance policy after an accident. However, Minnesota is one of a handful of states that follows a no-fault insurance system for motor vehicle accidents.

This system can have a significant impact on your ability to recover full compensation for your damages or pursue a claim against the at-fault party.

The experienced Minneapolis car accident lawyers at TSR Injury Law have represented many injury victims, helping them to obtain compensation. Call today to request a free, no-obligation consultation. We are ready to discuss your situation, answer your legal questions and explain more about Minnesota’s no-fault system.

What Does No-Fault Mean?

There are a lot of misconceptions about no-fault coverage. No-fault means that fault is not a consideration in awarding compensation for medical bills, wage loss or some property damage claims. Rather than pursuing compensation for these damages from the at-fault party, injured victims must file a claim with their own insurance companies. The insurance company will provide compensation for covered losses, regardless of who was at fault for the accident.

That said, no-fault does not mean the insurance company will pay for all the losses victims suffered in the crash. No-fault insurance only covers the expenses that directly result from your injuries.

No-fault insurance is also called Basic Economic Loss Benefits.

Deadline for Filing a No-Fault Claim in Minnesota

A no-fault claim must be presented within a reasonable amount of time after a crash. Each policy will contain language determining the time, but the general rule is the sooner after a crash you file a claim, the better.

If you were injured in a crash, call your agent and set up a claim immediately. Legal help can ensure the forms are correctly filled out and preclude the insurance company from gathering improper information.

It is common for insurance companies to ask for an Application for Benefits, medical releases, wage loss forms and statements of crash facts. Some require an independent doctor to review them before bills are processed.

What Are the Pros and Cons of No-Fault?

The no-fault system was established to ease the burden on courts and allow accident victims to receive prompt treatment for their injuries without worrying about who was at fault or if the bad driver even had proper insurance.

In other words, it takes a lot less time to process these claims compared to claims against the other driver’s liability insurance. This means less stress and fewer hassles for injured victims.

However, there are disadvantages to Minnesota’s no-fault insurance system. The biggest disadvantage is that this system limits your ability to file a bodily injury claim against the at-fault driver. Your claim must clear a certain threshold, otherwise, you cannot seek compensation for pain and suffering and other non-economic damages from the liable driver.

Another downside to no-fault claims is that they do not hold the other driver accountable. Although this may be disappointing to some crash victims, they can still recover significant compensation from their no-fault coverage.

When Did Minnesota Become a No-Fault Insurance State?

Minnesota’s no-fault car insurance law took effect on January 1st, 1975. Since then, several more states have enacted their own no-fault laws. As of January 2023, there are 11 other no-fault states, including Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, New Jersey, New York, North Dakota, Pennsylvania and Utah. The remaining 38 states have fault-based systems, also called tort systems.

What Are the No-Fault Benefits in Minnesota?

Minnesota law requires all licensed drivers to purchase Personal Injury Protection (PIP) coverage, which is the no-fault component of your insurance.

Minimum Requirements for PIP Coverage

The state minimum for PIP coverage is $40,000 per person per accident. The $40,000.00 is divided into two $20,000.00 claims. Up to $20,000 of this amount can be used to pay for hospital and medical expenses and the remaining $20,000 covers non-medical expenses like lost wages and replacement services like housekeeping.

There are limits and time considerations for each claim. For example, the first 7 days are free for replacement services.

What Medical Expenses Are Covered by No-Fault Insurance?

Minnesota crash victims can seek compensation for all reasonable medical expenses for necessary care, which may include:

Income Loss Benefits

If the injury you suffered in the crash prevents you from working, your PIP insurance provides up to 85 percent of your present and future gross income, with a maximum of $500 per week. This includes the cost of hiring someone else to do the things necessary to maintain your income if you are self-employed.

Funeral Expenses

PIP also covers $5,000.00 for funeral expenses in case the crash caused death.

Increasing Your PIP Coverage

You can purchase more than the minimum amount of PIP insurance if you want to. If you own multiple vehicles with the same company, “stacking” the benefits is also available. This will double or triple the coverage available. For example, if you own two cars and stack benefits, you will have $40,000.00 in medical and $40,000.00 in wage coverage. The weekly wage benefits would also go from $500 to $1000.00 and replacement services from $200.00 a week to $400.00.

What Are the Priorities for No-Fault Coverage in Minnesota?

There may be various no-fault policies that may cover you in the event of an accident.

While there are exceptions, these are the typical priorities for no-fault coverage:

1. The vehicle you own and are insured with;
2. If you do not own an insured vehicle, you may get coverage from a resident relative’s policy;
3. If you do not live with a relative who has an insured vehicle, you may be covered by the car insurance of a vehicle you were a passenger in or that struck you as a pedestrian.
4. Assigned Claims is free no-fault coverage that is available to certain injured people. If you do not own an insured vehicle, do not reside with anyone who owns an insured vehicle and the car that you are in (but do not own) or that hits you has no insurance, then you may qualify for free coverage.

How No-Fault Affects the Ability to File a Car Accident Lawsuit

After a crash, you must first collect on your PIP benefits. After that, and if you meet the injury threshold, you may be eligible to file an injury claim (also called a bodily injury claim) for pain and suffering against the at fault driver’s insurance. There are five thresholds.

1. Death
2. $4,000.00 in medical treatment not including X-Ray or MRI scans
3. Permanent injury
4. Unable to attend work for at least 60 days
5. Have a permanent disfigurement, like a scar, from the crash

Some crashes may meet one of these criteria, which is why all Minnesota drivers are required to carry the minimum insurance coverage of:

• $30,000 in liability insurance for one person’s bodily injury
• $60,000 of liability insurance for injuries to two or more people
• $10,000 for damage to the victim’s vehicle

What if the At-Fault Driver is Uninsured or Underinsured?

Minnesota law also requires drivers to carry uninsured coverage of $25,000 for injuries to one person, $50,000 for injuries to two or more people and $10,000 for property damage. Additionally, drivers must carry underinsured coverage of $25,000 for injuries to one person and $50,000 for injuries to two or more people.

You can make a claim under these policies if the other driver’s liability insurance is insufficient to cover the damages stemming from the crash. You may also be able to make a claim under your comprehensive or collision coverage.

What Compensation Can You Recover in a Car Accident Lawsuit?

If your crash was so severe that you have the right to step outside of the no-fault system to file a liability insurance claim or lawsuit, you can seek compensation for the damages not covered by your PIP insurance.

These damages may include:

• Physical pain and emotional suffering: These are the physical pain and psychological/emotional toll caused by your injuries, such as depression, post-traumatic stress disorder, lost enjoyment of life and lost companionship.
• Medical expenses that exceed PIP coverage: Some examples include ongoing medical care that arise after the conclusion of your case.
• Loss of earning capacity
• Lost wages
• And more

How an Injury Lawyer Can Help

If you were injured in a crash, it is important for you to seek medical attention. After that, you should contact a personal injury lawyer to discuss your claim.

Although no-fault insurance is intended to make the claims process easier, many of our clients have not had this experience until they hired us. Their claims are sometimes wrongfully denied, or they are subjected to unnecessary delays.

The personal injury team at TSR Injury Law is dedicated to helping victims receive maximum compensation. We offer a free, no-obligation consultation to discuss your claim in more detail.

Contact us today to learn about your legal rights. (612) TSR-TIME

A man from Albert Lea is facing criminal-vehicular homicide, a felony, in Faribault County.

According to the complaint, Jared Bowman is facing one count of criminal-vehicular homicide stemming from a December 10th incident that authorities have said involved Bowman crossing the center line while traveling east on Minnesota Highway 109.

When he crossed the center line, this caused a car traveling westbound to swerve to avoid the accident. When the car swerved, Bowman hit the car behind that car. As a result, 49-year-old Ronald Hinderman was killed in the collision.

According to a witness, Bowman was looking down at something right before his pickup truck crossed over into the other lane.

The State Patrol said that Bowman was driving as a distracted driver. Distracted driving is something that the State Patrol is always warning about because it is a factor in so many accidents.

The complaint says that Bowman was also traveling 71 miles per hour in a 55 mph zone.

According to court documents, Bowman could face a penalty of up to $20,000 in fines and 10 years in prison. He is due in court on June 3rd.

Upon review of past documents, Bowman was convicted of DWI in 2011. However, the State Patrol reconstruction report says that alcohol was not a factor in this crash.

Head on accidents can be devastating for all parties involved. If you or a loved one has sustained an injury due to the negligence of another driver, contact a Bloomington car accident lawyer from TSR Injury Law today.

Free Consultation – Ph: (612) TSR-TIME.

At 4 p.m. today, a minivan crashed into a line of vehicles stopped at a red light, setting off a chain reaction. In total, seven vehicles where involved in the crash. One woman died and the driver of the minivan is in critical condition at Regions Hospital, St. Paul.

According to Roseville Police, six vehicles were heading west on County Road C and stopped for a red light at Snelling Avenue. A white minivan, also heading west and driven by a man who is suspected of having a medical problem, approached at a high rate of speed and was not able to stop.

The first vehicle that was hit by the van was being driven by a woman from Montrose. That woman died at the scene.

The Roseville Police and Minnesota State Patrol were on the scene. The accident will be reconstructed and investigated. Alcohol is not suspected in the crash. Names of victims have not been released.

Help For Victims and Families

Any accident is traumatic. A multi-car crash is terrifying. With a rear-end collision, very frequently victims sustain soft tissue injuries. Soft tissue injuries can be difficult to proof. The insurance companies will do everything in their power to destroy your claim — they will question your integrity and the competency of your doctors. You need legal representation to ensure that you receive fair compensation for your medical expenses, lost wages, and pain and suffering.

Contact a Minneapolis auto accident lawyer at (612) TSR-TIME. We will fight for your rights.

There was a two-car crash Saturday night in West St. Paul. All six occupants were taken to Regions Hospital where one woman died from her injuries.

At about 9 p.m., a 1997 Chevrolet Cavalier pulled out from the mall parking lot at Robert Street and Marie Avenue, into the path of a 2000 Mercury Mystique. The Mercury broadsided the Cavalier and 2 people were ejected from the broadsided vehicle, including 26-year-old Leslie J. Garvia who died from head and abdominal injuries. Ms. Garvia was not wearing a seat belt.

Another passenger, 26-year-old Jorge Zuniga, was also ejected and suffered non life-threatening head injuries. Zuniga was not wearing a seat belt either. The driver of the Cavalier, Fabio Dierings, and 2 other passengers sustained non life-threatening injuries. Lynette Landrum, driver of the Mercury, of West St. Paul, suffered minor injuries.

Four of the six people involved in the car accident were wearing seat belts. Alcohol is not suspected, according to police.

List of Names Released by Minnesota State Patrol:

• Leslie J. Garcia, 26, St. Paul, MN
• Jorge R. Zuniga, 26, Columbia Heights, MN
• Kimberly J. Fuentes, 8, St. Paul, MN
• Breidy Garcia, 19, St. Paul, MN
• Fabio R. Dierings, 23, St. Paul, MN
• Lynette J. Landrum, 40, West St. Paul, MN

Who Is At Fault?

Minnesota is a No Fault Insurance state; but in the event of a wrongful death due to the negligence of another, which includes inattentive driving, the next of kin can recover compensation. The monetary damages may include:

• medical expenses
• funeral expenses
• loss of companionship
• loss of advice
• loss of potential earnings

Contact a Minneapolis car accident attorney at (612) TSR-TIME, to retain legal representation. Our partners are skilled, aggressive, and compassionate lawyers with years of experience handling car accident and wrongful death cases.