Criminal and Civil Penalties May Come from Fatal Truck Accident

On May 23, 2012, a semi-truck driver was convicted by a Minnesota judge on one count of misdemeanor careless driving and three counts of criminal vehicular homicide that all stemmed from a fatal accident that had occurred two years earlier almost to the day. Two women were killed in the accident and one of those women was pregnant.

This is a case that shows how a truck accident can result in both criminal charges and a civil lawsuit.

The 38-year-old driver worked for Reinhart Foodservice and began his shift at 10 p.m. on May 23, 2010. This was the evening before the LaCrosse Wisconsin accident that killed the women. He drove all night long, making stops in Owatanna and Austin, Minnesota. At 11:30 a.m., he was northbound on Interstate 35 when he reached down to grab an energy drink from the passenger side floor of the truck. In his testimony, he stated that he took his eyes off the road for no more than 10 seconds when he looked up and saw that traffic was stopped due to road construction delays.

He was traveling at 68mph when his semi-truck slammed into the back of one of the victims’ vehicles, sending her vehicle into the rear of the other victims’ vehicle. The second victim’s car then slammed into the back of another semi-truck that was hauling 12 million bees. The bees were released at the scene of the accident because of the impact and this delayed the rescue efforts.

The judge came to the conclusion that the driver’s testimony regarding how long he took his eyes off of the road was not credible and that he operated his truck in a grossly negligent manner.

In addition to the criminal charges resulting from the accident, the families of the victims brought civil claims against the driver and his employer. The families settled early in 2012.

Power Plant Blast Injures Minnesota Worker

An explosion at a coal-burning power plant back in October injured a worker.

The explosion occurred at Minnesota Power’s Taconite Harbor Energy Center. The report from Minnesota power states that a call to emergency responders and firefighters was made at 9:20 a.m. to come to the facility that is located along Lake Superior’s North Shore. When they arrived, Joe Fredrickson, 41, was treated for injuries.

Fredrickson is an 11-year employee of the facility and he was in the coal bunker room where coal is transported on conveyor belts to boilers when the explosion occurred and he did sustain severe burns.

Firefighters from both the Schroeder and Tofte Volunteer Fire Departments fought the blaze. They got it under control and put out. They also stayed on site to ensure that all hotspots were extinguished, but a hotspot had started burning later in the day after they left. The hotspot was found in the insulation in the ceiling and in the coal. The fire chief said that the explosion appeared to be related to coal dust being ignited by an unknown source and that caused a number of spot fires within the building.

It was later determined by emergency crews that there were two explosions, but the cause of either one is still a mystery.

Fredrickson was taken to a Cook County hospital and was later transferred to St. Mary’s in Duluth. Minnesota Power says that he was communicative at the time he was transported. His injuries were determined to be critical, so he was listed in critical condition when he arrived at St. Mary’s.

A spokeswoman for the plant said that the coal bunker facility was in the process of being filled when the explosion occurred. Fredrickson was the only employee in the area and it is not certain how the blast happened. The cause is being investigated to ensure that the accident does not happen again.

If you are the vicitm of a serious burn injury due to a workplace incident, contact a Minneapolis personal injury lawyer from TSR Injury Law today for a free consultation.

Free initial consultation. Ph: (612) TSR-TIME.

Skull Fractures Lead to Death, Stillwater Man Charged with Murder

A Stillwater man has been charged with homicide for the death of Adam McCloud.

Eric Kaprice Richard, 22, is facing second-degree unintentional murder while he was committing another felony. He is also charged with manslaughter because of a fight he had with McCloud, 29, on September 28. The fight occurred at Smalley’s Caribbean Barbeque and Pirate Bar in Stillwater.

The complaint says that Richard got into an argument with McCloud over a spilled drink and that Richard repeatedly punched McCloud in the face and head, causing him to fall and hit his head on the ground. This resulted in him dying of complications from skull fractures.

Richard claimed he was defending himself after McCloud pushed him several times.

The judge set his bail at $200,000.

In the complaint, it says that a surveillance video shows the two men on the dance floor when McCloud accidentally knocked a drink out of Richard’s hand. There was a conversation between the two men before they left the dance floor. When they returned, Richard had a new drink in his hand. From then on, it appeared the men were friendly with each other, even dancing with one another and with others.

Shortly after the bar closed, McCloud was seen on the video doing what appeared to be a pushing motion. Another man then grabbed McCloud to take him away from the situation. That is when Richard was seen on the camera suddenly punching McCloud, knocking him to the ground.

The man who tried to take McCloud away from the fight told police that the argument occurred after McCloud had replaced Richard’s drink, but that the altercation was due to McCloud’s refusal to pay for it.

The witness said that the two men exchanged words, which resulted in McCloud pushing Richard. He said that McCloud did respond in self-defense by punching McCloud. Richard said that McCloud pushed him approximately four times. He said he took this as an assault, so he acted in self-defense. McCloud then fell to the ground.

The witness told police the two men had words; McCloud pushed Richard, and Richard responded in self-defense by punching McCloud. Richard was then removed from the bar.

Due to the fight, McCloud had intracranial bleeding that was caused by the skull fracture. This bleeding caused respiratory failure, which is what led to his October 4 death.

Traumatic brain injuries can be life changing for all parties involved. If you or someone that you care for has suffered a brain injury that was caused by another person, contact a licensed personal injury lawyer in Minneapolis at TSR Injury Law today.

Free consultation. Ph: (612) TSR-TIME.