A recent study by AAA shows that a teenage driver who is alone in the car or with an adult is a relatively safe driver. On their own, they focus on the road and follow the rules. However, when even one other teenager is the car with the driver, the risk of a fatal accident increases dramatically.
]]> When a teenage driver has just one teenage passenger in the car, they are about 44 percent more likely to get into a fatal car accident. When there are two teenage passengers, the risk doubles. And when there are three or more teens in the car, the risk quadruples.Alternately, teen drivers who ride with an adult decrease the risk of a fatal accident by over 60 percent.
While parents cannot monitor their children all the time, especially when they become licensed drivers, making sure they are following the rules is vital. The distraction of teenage passengers has proven to be too dangerous for a new driver. A parent can ride with their teen more often or prohibit their child from riding in a car with a new driver. If a young driver causes a serious car accident, parents will want to remember that they too can be held liable for the crash.
With so many other distractions behind the wheel - including emails, texts and GPS devices - a driver has enough to focus on. Drivers that do not have very much experience already may feel a little overwhelmed and scared on the road. Minimizing distracting behaviors can be very effective in preventing accidents and making that teen a better driver.
Source: The Washington Post, "Study: A teenage driver's risk of dying in a crash goes up sharply with other teens in the car," May 8, 2012
]]>The machine is called an IntoxBox. Before patrons leave a bar after drinking, they can test their level of intoxication. Users pay a fee and get a straw from the IntoxBox. They then blow into the machine and receive a blood-alcohol reading.
]]> The intent of the machine is to reduce the chance that a driver will get in his or her car after one too many drinks and drive home, which is certainly a good thing. If a person knows he or she is over the legal limit of 0.08, it is hopeful that that person will find an alternative way home.This does not mean, however, that a person who believes they are over the legal limit will opt to find a different ride home. People who know they are drunk choose to drive every day. They may feel as if they can get away with it, or driving home will be no big deal. They know they are drunk, but they do not care.
Additionally, there is a risk specifically associated with the machine functionality. Someone may use the machine and blow a 0.07 and get in the car to drive home. As alcohol levels may continue rise over time, however, by the time that person is driving to a destination, his or her BAC may have increased to over 0.08, making that person a danger on the road.
Any drunk driver poses a threat on the road. Innocent victims are injured or killed every year by a driver who is intoxicated. While the IntoxBox may be a good way to prevent a drunk person from driving, plenty of drivers still choose to drink and drive and hope to get away with it. A machine confirming that they are intoxicated may have no effect on their decisions.
Source: Fox 9 News, "In Depth: In-bar, pre-car breath test," Trish Van Pilsum, May 9, 2012
]]>In 2010, a Coca-Cola semi truck crashed into a small Ford Fusion. The driver of the Fusion suffered serious injuries and has experienced significant pain in her neck and back since the accident. According to documents, the driver of the semi was talking on her cell phone at the time of the accident. A court recently recognized the level of negligence on the part of the truck driver and awarded the victim a significant amount in damages.
]]> The victim will receive $10 million in punitive damages and $14 million in actual damage. The punitive damages are assigned in order to punish a party for reckless behavior, and to deter similar conduct. The actual damages were awarded to compensate the woman for her injuries and other proven damages.A statement from Coca-Cola says that they will appeal this decision because they believe the truck driver was talking on a hands-free headset at the time of the accident, which is in accordance with their corporate policy. But the victim's attorney stated that just because it is their policy does not mean it is enforced.
The truck driver admitted that she was not aware of the dangers associated with using a phone while driving. It seems a little difficult to believe that a person who operates a large, powerful vehicle on the job would not think that there would be risks involved in being distracted behind the wheel.
Despite their plans to appeal, Coca-Cola has been sent a strong message by the courts with this substantial ruling. Permitting distracted driving behavior is unacceptable. Those who support or allow such actions should, and will, be held accountable for the damage they cause.
Source: The Republic, "Texas jury awards $24 million to woman struck by Coca-Cola truck driver chatting on cellphone," May 5, 2012
]]>Terms and the amount of the settlement were not disclosed. However, the attorney for the victim's family says the family will receive much more than the $50,000 claimed in the lawsuit. Under Minnesota law, victims or their families must claim whether the amount of damages being sought is above or below $50,000. The precise amount is determined at trial.
]]> However, the settlement was reached before going to a civil trial. In civil trials, attorneys only need to prove that a person's negligence was a direct cause of an accident. In criminal trials, however, it needs to be proven that a person is guilty beyond a reasonable doubt. In this case, the attorney for the victim's family says that it would not have been difficult to prove that her negligence in the accident caused the death of the victim.The settlement was actually reached before the criminal trial began. That information was not made available because they did not want it to affect the criminal case.
It is reported that the settlement will be covered by the liability insurance on the vehicle Senser was driving. Often, insurance companies are not exactly happy to pay out claims, especially if the damage is significant or fatal. They may stall or deny claims hoping that a person will accept a smaller settlement.
However, it is important to remember that significant damages may be collected in wrongful death cases. From medical bills to loss of companionship, funeral expenses to lost wages, these costs can be substantial and may make it difficult for a family to move on. Even though no amount of money can bring back a loved one, recovering compensation may make it a little easier to move forward.
Source: Pioneer Press, "In civil lawsuit, Senser pleaded the Fifth when asked about alcohol use," Emily Gurnon, May 5, 2012
]]>The problem, experts say, is that the concept of distracted driving has been an issue since radios were installed in cars. Studies consistently show that using a phone is distracting behind the wheel, but at one time, so was music. The issue is not necessarily whether or not distracted drivers are dangerous, but rather how much of this behavior should be regulated.
]]> Interesting developments are in the works with cell phone companies and auto companies. Companies in these industries are working to integrate these technologies more efficiently into the vehicle. Some believe that if this can be done well, drivers using better tools and technology will not get into as many crashes because they will have to take their eyes off the road.Until that happens, however, distracted drivers are still dangerous and mobile phones are still a distraction. Often, the behavior is not cited until the distracted driver causes a car accident and an investigation can be performed. Motorists can lie to police officers if they are pulled over and say they were not texting or checking Facebook, and they could get away with it. However, in the event that a person is in an accident with one of these drivers, holding negligent drivers accountable for injuries and damage may go a long way in preventing the same thing from happening again.
Source: USA Today, "Disconnects in the distracted-driving blame game," Jayne O'Donnell, April 30, 2012
]]>One of the students who signed the pledge was returning from prom, sober, when he got into an accident with a drunk driver.
]]> According to reports, the student had just dropped his friends off after prom and was returning to his own home. He got on the highway says that he remembers seeing another driver hit the gas, causing his SUV to spin out. The 19-year-old student says he was unable to avoid hitting the SUV, which had landed right in his path on the highway.The student was brought to the hospital for the non-fatal injuries he suffered in the crash. Investigators who arrived on the scene believe the driver of the SUV was intoxicated at the time of the accident.
The driver of the SUV has been charged with criminal vehicular operation. More charges may be assigned when officials receive the results of his blood tests.
By making a conscious effort to stay safe on a potentially dangerous evening, the young student was doing his part to keep innocent drivers out of harm's way. However, because of the irresponsible actions of another man who chose to drink and drive, the young man was hurt and spent his prom night in the hospital.
Source: CBS Minnesota, "Alleged Drunk Driver Ruins Prom For Teen Trying To Be Responsible," April 23, 2012
]]>Sleep apnea is a serious condition that affects many Minnesotans. A person with sleep apnea frequently stops and starts breathing while sleeping. It is either caused by throat muscles relaxing, the brain failing to send breathing controls while sleeping, or a combination of both. In most cases, a person with sleep apnea is still tired after a full night of sleep due to the poor quality of rest.
]]> Many truck drivers suffer from sleep apnea, which can affect their ability to stay awake while driving. People with sleep apnea are 242 percent more likely to be involved in a crash than a person without the disorder, because of their chronic fatigue. This statistic is quite worrisome, considering the fact that truck drivers are in control of massive and powerful vehicles. A driver who dozes off while driving a truck can cause an accident, leaving victims with catastrophic or fatal injuries.The FMCSA is attempting to reduce the risk of these accidents. They are now proposing tougher standards for evaluating sleep apnea in truck drivers. They are focusing on middle-aged males who have a body mass index of 35 or more. This group of people is at a higher risk for suffering from the disorder than others.
Hopefully, this recommendation will be a step towards a more comprehensive rule for testing and treating the condition. These tougher standards could go a long way in preventing a drowsy truck driver from causing a serious accident.
Source: Truckinginfo.com, "FMCSA Proposes Guidance for Sleep Apnea," Oliver B. Patton, April 20, 2012
]]>The sentence was harsher than many expected, including prosecutors. However, the judge decided that his actions were serious enough to warrant the lengthier prison sentence. The man was previously sentenced to over 14 years in prison for injuring two women.
]]> This situation has had many people focused on the criminal hearing. The main discussion involved whether or not the man was too drunk to have intent. In the end, it was determined that he would not be convicted of first-degree charges because he was unable to form the premeditation that is necessary.While this closes the chapter on the criminal charges for the young man, civil suits that were filed against him can now continue. During the horrible accident, the man driving also hit two women who were injured. One of the women filed a civil suit against the driver and his mother, who owned the car he was driving. The case was originally delayed so that the criminal trial could proceed. However, now the victims can move forward in seeking financial compensation from the man, his mother and potentially the bar that over served him.
Sorting out the details of a wrongful death or serious injury claim can be very difficult. Often, there are insurance companies to deal with and confusing statutes at play. It can be overwhelming for victims and their families, especially in the wake of a fatal accident. Additionally, a criminal case may delay civil matters, as was the situation here, which can be frustrating. However, victims should not forget that they have a right to seek compensation for the financial and emotional damage they have suffered.
Source: Pioneer Press, "Timothy Bakdash gets 40 years in prison for fatal Dinkytown hit-and-run" David Hanners, April 17, 2012
]]>The Minnesota Department of Public Safety Office of Traffic Safety reports that 70 people were killed and 350 were injured annually in accidents caused by a distracted driver. Even though it is illegal in Minnesota to write, send or read texts while driving, it still is a leading cause of crashes.
]]> Even drivers who are stopped at a stoplight or in traffic can be charged with distracted driving. However, so far it has been difficult for police to enforce this law. People conceal their phones or claim they were not texting but making a call if they are pulled over. Unfortunately, many times it is only after an accident has happened that police can prove that a person was texting.Police want to ramp up their efforts, though. On April 19, there will be extra enforcement out on the roads to cite drivers for distracted driving. While the temporary action may not be able to prevent all accidents, hopefully it can reduce them.
In most cases, it is up to an individual to monitor their driving habits. The reality is that checking one text message can take a person's eyes and focus off the road. When this happens, an innocent person can be injured or killed. Drivers need to be aware that distractions behind the wheel are dangerous and stop the behavior themselves.
When a careless person decides to check a text or update Facebook while driving, he or she is putting other drivers in danger. In the event of an accident, that person should be held accountable for the pain and suffering they caused. Some claims can be denied or significantly delayed by insurance companies, so it is important to have legal support to assist in collecting compensation for medical bills and other economic losses.
Source: Northland's News Center, "Reducing Distracted Driving," April 10, 2012
]]>Many of these events are open to all ages, and ideally only those who are 21 or older are allowed to purchase alcoholic beverages. However, the system is far from perfect and many times a bar or other liquor establishment contributes to the intoxication of a minor. Recently, a 19-year-old girl was convicted of drunk driving after drinking at a summer Brat Days festival.
]]> The young girl was sentenced to six years in prison and nine years of extended supervision as a result of a fatal accident she caused last year. She is also prohibited from consuming any alcohol and must speak to high school students about the dangers of drinking irresponsibly. According to reports, she was drunk when she drove into three women at the festival. One of the women died as a result of the accident. The girl then fled the scene.The irresponsibility of drunk driving combined with the negligence of fleeing the scene only exacerbates an already-tragic situation. Victims of drunk drivers have the right to pursue compensation from the reckless drivers in the event of an accident. In some cases, it may be appropriate to also hold a liquor store or bar responsible for an accident, under Minnesota's "dram shop" laws. An experienced attorney will be able to secure compensation from liable parties.
Source: WAOW, "Driver in Brat Days crash sentenced to 6 years," Bonnie Shelton, April 9, 2012
]]>Recently, a man was killed in an accident after his SUV was crushed by unsecured logging equipment. The equipment, which was a log dragger, fell off the truck after a chain securing the dragger snapped. According to the suit, the truck driver failed to properly secure and monitor his cargo. Additionally, the driver was speeding and crossed over into the oncoming lane at the time of the accident.
]]> The wrongful death lawsuit was filed by the victim's widow and holds the truck driver accountable for the accident. Often, establishing liability in accidents involving trucks can be complex and difficult. Insurance companies, truck companies, manufacturers and even government organizations frequently point fingers at each other instead of taking responsibility. It can make victims feel frustrated, and for good reason.Therefore, there are many factors to take into consideration when establishing liability. Was the driver negligent? Were the loading methods done properly? What are the policies and expectations of the driving company - and are they lawful? All these must be examined in order to properly determine full liability.
Negligent behavior should be punished appropriately, especially when a person is killed because of the carelessness. An attorney who understands this may be able to help victims and their families collect full compensation.
Source: stltoday.com, "Family of Lake Saint Louis man killed in crash files wrongful death suit," Valerie Schremp Hahn, April 4, 2012
]]>The case started in 2003. Four people were traveling in a car when they crossed railway tracks at the Ferry Street crossing. A freight train came through and smashed into the car, killing all four people. While the families of the victims claimed the warning signals failed, BNSF claimed the drivers simply drove around them.
]]> Throughout the course of the initial trial, however, it was determined by a jury that the company who owned the train was 90 percent at fault. The drivers, they say, were only 10 percent at fault. The estates of the victims were awarded $21.6 million in damages. BNSF also was ordered to pay $4 million in sanctions.After the ruling, BNSF claimed that the jury was improperly informed on issues regarding railroad negligence. They say that jury members were given improper instructions and requested a retrial because of this. Initially, the Minnesota Court of Appeals agreed with them.
The Minnesota Supreme Court, however, did not agree and decided that whatever faulty instructions the jurors were given had no effect on the fairness of the court proceedings. Because of this, they denied BNSF's request to appeal.
Hopefully, this puts an end to nearly 10 years of fighting for justice. The families of the victims are likely satisfied with the judgment, though no amount of money can replace the loved ones lost in the accident. The railway company was negligent in inspecting and maintaining their crossing equipment, and because of this innocent lives were lost. Companies who exhibit similar negligent behaviors should be held accountable for the damage they cause.
Source: KAAL TV, "Minn. Supreme Court Denies New Trial for BNSF Railway," Jennie Olson, March 28, 2012
]]>A recent study by AAA is suggesting that teen drivers are actually four times more likely to be involved in a crash, when compared with adult drivers. In spite of - or because of - their inexperience, teen drivers still frequently text and play with their phones while driving. This compounds the danger they pose on the roads.
]]> This distracted behavior is very worrisome. For several months now, the dangers of texting and driving have been identified. Taking your eyes off the road to look at a text or email means that there is no focus on the road. Drivers swerve, drift out of their lanes, or run into a car they did not see in time.The activity is so dangerous that states across the country have banned texting and driving. Some have even banned all use of handheld phones while driving. In Minnesota, drivers who are considered to be novice drivers, like teenagers, can be ticketed for using a phone while driving.
The study also suggests that female teenagers are nearly twice as likely as teenage boys to use an electronic device behind the wheel. Whether this is true or not, the combination of inexperience with distraction while driving is a formula for devastation for any driver. An accident can cause serious and permanent injuries to innocent victims. For those who were hurt by a distracted driver, it may be appropriate to seek financial compensation for medical bills and other related costs.
Source: KEYC-TV, "Study: Teen Girls More Likely to Use Electronics While Driving," Joel Runck, March 26, 2012
]]>This story was especially sad because the man involved was holding his future, an engagement ring, in the palm of his hand. He was 32-years-old and excitedly heading to propose to his longtime girlfriend. He had just purchased the engagement ring as a surprise.
]]> He was driving a Land Rover when the brakes failed. He desperately attempted a call to 911 for help, alerting the dispatcher that his brakes went out and his gas pedal was stuck. Before he could even tell the dispatcher his location, he lost control of the SUV. The car rolled down an embankment landing in a rocky ditch.The driver was ejected from the vehicle and suffered serious personal injuries in the crash, including severe brain and head injuries. He was found unconscious at the crash scene, along with the engagement ring. He did not survive from the injuries he sustained in the crash.
The ring was returned to his family. They gave the ring to the man's girlfriend, as he had intended.
This car accident appears to have been caused by a problem with the vehicle's brakes. If those brakes had functioned properly then this man would most likely still be alive today, and an engaged man.
As the investigation continues, the man's family will most likely benefit from knowing the outcome of the investigation and what may have led to the fatal crash. If the brakes are found to be defective, the family may choose to file a lawsuit in civil court against the auto parts manufacturer.
Source: New York Daily News, "Man who crashed on his way to propose to girlfriend dies of injuries," Rheana Murray, March 19, 2012
]]>According to preliminary reports, however, this year proved to be a safer holiday than in past years. The last time the holiday fell on a Saturday, there were over 500 drunk driving accidents and three people were killed in alcohol-related crashes. This year, however, there were fewer than 250 people arrested. It is likely that these numbers will rise as reports continue to come in, but the initial numbers are encouraging.
]]> Drunk driving accidents are not to be taken lightly. When a person decides to drive after drinking, he or she is putting innocent people in danger. Despite the best efforts of law enforcement and extra patrols on the road, drivers continue to drive while intoxicated. While many are caught, some continue to get away with it.It is the goal of Toward Zero Deaths, which is a state safety initiative, to reduce the amount of fatal drunk driving accidents to zero. The results of the weekend holiday police reports are promising, they say. The hope is that people have been using safer transportation alternatives and will continue to do so in the future.
The reality, though, is that in 2010 over 130 people died in drunk driving accidents and nearly 30,000 were arrested. The fact that people continue to drive while intoxicated indicates that people will continue to be injured or killed by them. It is for this reason that victims of these accidents hold those reckless people accountable for their actions.
Source: Hometownsource.com, "246 busted for DWI during St. Patrick's Day celebrations in Minnesota," March 21, 2012
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