Minneapolis Motor Vehicle Accidents Attorney Blog

Wrongful death suit against former Minnesota Viking settled

2012-05-17T21:27:39Z

Amy Senser and her husband, former Minnesota Viking Joe Senser, have reached a settlement in a wrongful death suit against them. On Aug. 23, 2011, Amy Senser reportedly struck a man who was standing on the side of a highway exit ramp and continued on her way without stopping, purportedly thinking that she had hit a pothole or a traffic cone.

The Thai restaurant chef and avid family man died as a result of the accident. That led to the wrongful death suit in addition to criminal charges against Senser. It was discovered that the man was pouring fuel into his out-of-gas vehicle on the side of the exit ramp when he was struck. More than one week later, Amy Senser finally admitted that she had been driving; however she maintained throughout that she did not know that she had hit another person.

]]> Senser was convicted in Minneapolis on Thursday, May 10, of two vehicular homicide-related charges. She's due to be sentenced in July and could face a prison term of up to four years.

The financial details of the separate wrongful death civil settlement have not been disclosed. The family of the man struck and killed in this case will not find comfort for the loss of their loved one from the payment of monetary damages; however, the settlement may give them some peace and closure and a chance to move forward.

Wrongful death claims can be emotionally taxing for any family, understandably. Facing the demands of legal proceedings on top of any medical or funeral expenses can leave families exhausted and frustrated. Fortunately, in this case, the family was able to settle the matter before a civil trial took place. It is only hoped that they can now find some sense of solace after such a senseless and painful tragedy.

Source: The Washington Post, "Amy Senser, victim's family settle lawsuit in fatal hit-and-run case," Associated Press, May 4, 2012

Motorcycle accident: biker t-boned by SUV in Forest Lake

2012-05-11T19:12:20Z

A Minnesota State Trooper told a motorcycle accident witness after a May 6 crash in Forest Lake, that there was nothing the 54-year-old biker could have done to avoid the collision other than not being there. The witness had stopped his truck on the east side of Highway 97, preparing to turn south onto Highway 61, when he saw a sport utility vehicle T-bone the cyclist. The crushing motorcycle accident sent both the bike and its rider flying almost 30 feet in the air before both crashed into the witness's pickup truck. The victim, who showed some initial signs of life after the incident, was rushed to Regions Hospital in St. Paul, and medical personnel were working to stop internal bleeding.

]]> The witness characterized the location of the crash as confusing due to the fact that there are overlapping lanes at the intersection where the motorcycle accident occurred. The SUV driver, a 44-year-old woman from Hugo, had stopped at a stop sign on 61 before proceeding ahead to turn onto 97. In doing so, she broadsided the cyclist, who was advancing southbound toward the intersection on 61. The incident happened at 3 p.m., and the woman who caused the collision was described as in shock at the scene, as bystanders rushed to help the biker. He was said to be in critical condition at the hospital.

As happens all too frequently, this Minnesota motorcycle accident appears to have occurred in a flash, before anyone had time to react. The victim is left fighting for his life, and his family is likely inconsolable as they pray for his recovery and wonder how such a seemingly senseless act could occur. One can only hope that the victim recovers and, as the witness offered, is able to continue to live his life in the manner in which he wishes.

Source: The Star Tribune, "White Bear Lake motorcyclist critically injured in crash ," Joy Powell, May 6, 2012

The future is now: NHTSA wants car-to-car communication

2012-05-02T16:31:24Z

Imagine driving the streets of Minneapolis, Minnesota -- it's just a normal day and you are heading to work. You're a little tired though, so you reach down for that cup of coffee. As you bring it to your lips, suddenly alarm bells and flashing lights go off inside your car. You apply the brakes and when you take you focus off that sip of coffee, the scene in front of you makes it all clear: two cars crashed into each other, and your vehicle warning system saved you from being part of a three-car pile-up.

This could be the future of motor vehicles: equipped with systems that warn the driver of impending car accidents.

]]> It's neither dream nor fantasy: as we discussed in March, Google is popularizing self-driving cars that carry the potential of reducing the car accident rate.

Like self-driving cars, the idea presented in the first paragraph would be based on sensors installed on a vehicle, enabling it to know when a driver is swerving or straddling lanes. The added element to the car crash prevention system -- which was recently backed by the National Highway Traffic Safety Administration -- would be vehicle-to-vehicle communication.

According to the NHTSA, such a system could stop 80% of collisions from ever happening. Obviously there are a few things that need to be worked out -- safety and regulatory standards need to be established, plus a reliable system must be agreed upon -- before car-to-car communication can officially become a part of motor vehicle design.

Should it work as well as the NHTSA thinks it can, though, the example above could be a common experience for Minnesota drivers, sparing them the pain and trauma often seen after a car accident.

Source: Detroit Free Press, "NHTSA: If cars communicate, 80% of crashes can be avoided," Nathan Bomey, April 27, 2012

Families of victims hit by bus driver file federal civil suit

2012-04-26T04:44:42Z

Hundreds of thousands of Minneapolis residents ride Metro Transit every day, and some of those riders are fraught with fear at how poorly some of the bus drivers operate their vehicle. It's simply the nature of any skill -- some people are good at it, and others aren't. But that is not the point, nor is it an excuse for bad driving. Any negligence behind the wheel, especially for drivers who are responsible for the safety of many other people, is unacceptable and should be punished.

It may not be happening in Minnesota, but a federal lawsuit was filed by the families of five victims who were struck by a negligent bus driver, and the story is a perfect -- albeit unfortunate -- example of how poor bus drivers can lead to a fatal bus accident.

]]> Oregon's version of Metro Transit, TriMet, is being sued for violating the constitutional rights of the five victims: two of which were fatally injured, while the other three survived. The driver of the bus involved is also named in the suit.

The bus accident happened two years ago, when the driver of a TriMet vehicle made an illegal left turn and crashed into a pack of pedestrians. They were in the crosswalk and had the right-of-way, compounding the driver's already reckless decision.

The driver was fired after an investigation by TriMet, and now both parties are being cited for obstructing the victims' "fundamental rights implicit in the concept of an ordered liberty," and for the "arbitrary governmental taking" of a life.

One possibility of why the lawsuit is being filed in a U.S. District Court is because Oregon law prevents liability awards in excess of $1 million, whereas federal court does not have a limit.

Source: The Oregonian, "Families will hold second-anniversary rememberance for woman killed by TriMet bus driver Sandi Day in Portland's Old Town," Joseph Rose, April 24, 2012

First month is crucial for motorcyclists and their accident risk

2012-04-20T16:01:19Z

Many motorcycle owners in Minnesota remember their first brush with a serious accident. Maybe it happened because another driver did not see you or failed to check their blind spots or mirrors; maybe you were about to lose control of your motorcycle but recovered at the last minute. No matter the circumstances, statistics show that motorcycle accidents usually happen in the first month after a driver gets behind the handlebars.

The entire first year after getting a motorcycle license is a very risky time in general for riders -- the combination of inexperience and excitement can cause a rider to recklessly handle the vehicle. But studies have revealed that the accident risk peaks in the first month.

]]> The Highway Loss Data Institute researched motorcycle accidents and their vice president confirmed that a lack of experience as a rider feeds the accident rate. "It's most likely inexperience. Operating a motorcycle is a fairly complex task," he said, adding that a motorcyclist is four times as likely to crash in the first month than the entire second year.

The HLDI also found that from 2003 to 2007, there were 57,000 insurance claims by motorcyclists. About 22% of them involved a rider who had the policy for 30 days or less. After six months, the claims dropped by roughly 66%.

Inexperience affects the operator of any vehicle. Cars that drift into a motorcycle's path without properly assuring a safe merge can cause serious injury, and, likely, are inexperienced drivers themselves. It is no excuse for putting a motorcyclist's life in jeopardy, and with spring, summer and nice weather upon us, take extra care when riding your bike.

Source: The Republic, "Motorcycle crash risk drops sharply after the first month on the road," Michael Virtanen, April 15, 2012

New data shows accident risk for vehicle operators who lack sleep

2012-04-12T15:10:48Z

Not getting enough sleep greatly affects a person's job performance, no matter what profession. For those who work an office job, sleepiness may lead to reduced productivity; for editors, it can lead to errors or typos that don't get caught; but for transportation employees, a lack of sleep puts the lives of others at risk and increases the chance of an accident.

A new survey by the National Sleep Foundation highlights this risk, and it is cause for concern. About 20% of pilots, 18% of train operators and 14% of truck drivers who responded to the survey said sleeplessness caused them to either make "a serious error" or have a "near miss." In addition, 60% of train operators, 50% of pilots and 44% of truck drivers said they did not get a good night's sleep on a work night.

]]> Sleep deprivation affects transportation employees even when they aren't on the clock. Roughly 6% of train operators and pilots said they got into a car accident during a work commute, an accident rate that is six times that of people who do not work in transportation.

"The margin of error in these professions is extremely small. Transportation professionals need to manage sleep to perform at their best," said the CEO of the National Sleep Foundation.

There have been regulatory steps to increase the rest or sleep time that vehicle operators get. At the end of 2011, federal officials passed two new laws for pilots and truck drivers. The first increased a pilot's break period between shifts from eight hours to 10.

Around the same time, new laws regarding a truck driver's maximum number of hours in a work week were implemented. Reducing the maximum work week from 82 hours to 70 and better enabling drivers to get two days off from work for every five days on will grant more time for truck drivers to rest up.

Source: Washington Times, "Not getting enough rest a problem for operators of planes, trains, trucks," Ben Wolfgang, March 6, 2012

Families of four Minnesota train accident victims win final appeal

2012-04-06T19:44:40Z

After nearly nine years of courtroom battles and heartbreak, the families of four young victims in a fatal train accident can finally grasp on to a small bit of justice. The Minnesota Supreme Court unanimously overturned a lower appellate court's ruling that a new trial be granted between BNSF, the train company, and the families to decide if BNSF was at fault in the accident. The decision at trial will stand, blaming BNSF for the train accident and granting the families a $26 million settlement.

Allan Shapiro, who represented one of the families, was happy with the result. "We are very pleased," he said. "It vindicates the position we have been taking from the beginning. It confirms the fact that the gates were up. The four young people did not go around the gates. The physical evidence was clear there," said Shapiro.

]]> BNSF argued that the 2003 accident only occurred because the driver of the car carrying all four victims bypassed a lowered gate at the train crossing. The families countered with a negligence claim, saying that BNSF was liable for the equipment at the crossing and that it wasn't working properly. Even though the Minnesota Court of Appeals sided with BNSF and granted a new trial, the Minnesota Supreme Court voted 7-0 to reverse the decision.

While the settlement is great news for the families involved in this case, there is no settlement large enough that could replace the loss of their loved ones. When a company is negligent, good people can be seriously or fatally hurt. Seek an experienced attorney who can protect your interests and hold the company accountable for this negligence.

Source: KARE, "Minn. Supreme Court denies new trial in train-car crash," Allen Costantini, Mar. 28, 2012

Study shows older drivers present significant car accident risk

2012-03-28T14:42:35Z

Car accident rates and road fatalities have been declining over the past few decades, mostly because vehicles have vastly improved and road regulations have been greatly enhanced during that time. There will always be risks on the road -- whether you are in Minneapolis, Minnesota or Tiny Town, USA. But some risks are greater than others, and there are clear indications that elder drivers present a danger to others on the road.

Teenage drivers are still the highest risk group of drivers for car accidents, but elder drivers are a close second. Those who are at least 80 years old have the second highest car accident rate per mile driven in the country (only teens get into wrecks more frequently). Their fatal car accident rate, though? It's greater than their teenage counterparts and is the highest in the U.S.

]]> According to a study published in Traffic Injury Prevention, fatal car accidents involving drivers who were 85 or older were most common at intersections, accounting for about 50% of the wrecks for that demographic. The study faulted confusion and poor judgment by those aged 70-79 involved in fatal intersection crashes; and for those older than 79, they simply failed to recognize that another vehicle was in the vicinity.

Does this mean all elderly drivers (or all teenage drivers, for that matter) are horrible drivers with intentions of turning the roads into a bumper car game? Of course not -- but there is a greater risk of a car accident when an elder driver gets behind the wheel.

Some states are placing restrictions on elder drivers to prevent future wrecks. In fact, a majority of U.S. states have placed license renewal restrictions on older drivers. No such laws have been enacted here in Minnesota.

Source: Slate, "Give Me the Keys, Dad," Emily Yoffe, Mar. 7, 2012

Young man dies in motorcycle accident, officials urge road safety

2012-03-22T15:47:51Z

An unseasonable wave of warm weather in Minnesota has brought out motorcycle riders a bit earlier than usual and combined with soaring gas prices, the more economic and affordable bikes are becoming an ever-increasing presence on the road. That has prompted the Minnesota Department of Public Safety to remind drivers to stay alert when behind the wheel (or handlebars) of their vehicle.

Motorcycle accidents can create huge amounts of liability for the drivers involved. A motorcycle is inherently less stable than a car and causes far more serious injuries to its driver because of the open nature of the vehicle. Such severe injuries can rack up heavy medical bills and if the motorcyclist was harmed because another car was negligent, the motorcyclist can seek compensation through litigation.

]]> "Most motorcycle crash fatalities result from rider error," said a representative of the Minnesota Motorcycle Safety Center, and he added that motorcyclists should seek proper training to prevent any accidents.

Sometimes, though, they are unavoidable. Car drivers struggle to spot motorcyclists, and when you consider there are over 400,000 licensed operators in Minnesota - one of the highest rates in state history - there is an increased likelihood of motorcycle accidents, some of which could be fatal. Recklessness or inattentiveness behind the wheel puts motorcyclists at a heightened risk as compared to car drivers.

Reports indicate that 41 motorcyclists died in 2011, about one every eight days. Just the other day a 27-year-old man met this fate when his motorcycle ran off the road and hit a tree.

Source: Minneapolis Star Tribune, "Motorcyclist's death prompts safety reminder for drivers," Mar. 16, 2012

Self-driving robot cars set to take national stage

2012-03-15T14:16:06Z

Google has been developing and perfecting a self-driving car for some time now, and though their numbers are few, these autonomous vehicles are actually already on the streets. Currently, no legislation exists that bans their presence. If the car operates as well as one California Senator claims it does - he called the drive "smooth and safe," adding that it "worked flawlessly" - then these self-driving cars could become a national hit.

Nevada passed autonomous vehicle testing laws in February, and the California Senator wants his state to be the next to legislate the self-driving cars. Proponents of autonomous vehicles say roads will be safer and car accidents will be less frequent with self-driving cars on the road.

]]> "The vast majority of vehicle accidents are due to human error," the California Senator said. "Through the use of computers, sensors and other systems, an autonomous vehicle is capable of analyzing the driving environment more quickly and operating a vehicle more safely."

So what does this mean for Minnesota residents? Autonomous cars are becoming more popular - and more feasible. Their national recognition is growing and it may not be long until the vehicles on Minnesota roads and highways are primarily self-operated. Should that future become a reality, new legislation will be needed to cover liability when one of these autonomous vehicles breaks down.

For example, what if a sensor on one of these vehicles fails? A self-driving car would have no way of telling if something was in front, behind or beside it. And since the person inside the car would have no means of controlling the situation, where would the liability fall should a car accident occur?

Source: Wired, "California Lawmaker Wants Rules for Robo-Cars," Chuck Squatriglia, Feb. 29, 2012

Apparent link between wrecks rejected by court as reason for suit

2012-03-07T22:37:37Z

Many people have heard of the "butterfly effect," a theory that gets its name from the potential far-reaching - and exaggerated - effects of a butterfly flapping its wings. Would a hurricane be generated on the other side of the world, one that would not have formed had the butterfly not flapped its wings? Who knows for sure, but this is the "butterfly effect" - one thing happens or is changed due to the action of another thing.

Though it happened in Illinois, a car accident case there will have Minneapolis residents considering the "butterfly effect" and its legal equivalent: proximate cause. An equipment truck driver for the television channel VH1 fell asleep while driving, causing a serious crash. Traffic built up for miles and one driver in the gridlock rear-ended another vehicle at nearly 60 miles per hour, killing one man and severely injuring another in a car stopped on the highway.

]]> Proximate cause says that because of the first event (where the sleeping equipment truck driver crashed, causing traffic), the second event (where the vehicle rear-ended another vehicle in said traffic) happened. It fills the logical gaps in the situation and allows for liability to be shared amongst any parties involved in the incident.

A lawsuit was filed by the deceased man's estate against the at-fault driver in the second crash, who in turn filed a third-party complaint against the VH1 driver for proximately causing his crash.

That complaint, though, was rejected by a U.S. District Court as it was determined the second accident happened because the at-fault driver was recklessly speeding as he approached traffic - not because of the negligence of the VH1 driver in the original accident.

The reason for the dismissal stems from a key component of proximate cause known as the "but for" test. In other words, but for the negligence of the driver in the first crash, the second collision would not have happened. The court did not think the situation passed the "but for" test, and thus rejected the third-party complaint.

Source: Courthouse News Service, "No Shared Liability in Nearby Car Crashes," Joe Celentino, Feb. 15, 2012

Sharp turns, sudden stops by teen drivers can cause future wrecks

2012-02-28T18:20:49Z

Do you remember the first time you were behind the wheel of a car after getting your beginner's permit? For many people it was a frightening yet exciting time. Yes, we knew the rules of the road - but we had little or no experience actually operating the vehicle that is supposed to adhere to those rules.

Youthful exuberance and inexperience can be the root cause of many car accidents, and according to a new study by the National Institute of Child Health and Human Development, shaky or tentative driving by teenagers can be a predictor of future crashes by that driver.

]]> Researchers selected 42 teenagers from Virginia to take part in the study. The institute then outfitted the vehicles of those teenagers with sensors that could measure any gravitational force events by the car (such as sharp turns, hard stops or sudden changes in direction or motion). The study lasted for 18 months and upon completion, researchers say that when a driver's g-force events went up, so too did that driver's chance of a car accident or near accident.

The 42 teen drivers made about 68,000 driving trips during the 18 months of surveillance done by researchers. A total of 37 car accidents occurred during this time in addition to 242 incidents that nearly resulted in a car accident. Many of these incidents could be attributed to "g-force events," or times when the teen driver rapidly changed course or had to apply the brakes quickly.

While there was no definitive conclusion from the study, researchers believe there is a correlation between stop-and-start actions by teens behind the wheel and the potential for future crashes by those drivers.

Source: EmpowHER, "Risky starts and stops predict teen crashes," Reuters, Feb. 20, 2012

Truck meets train in violent collision that seriously injures man

2012-02-24T16:26:34Z

Sometimes we are late for work, and in an effort to make up for lost time, we drive a little faster than we should. Maybe we cut it close with a yellow light or cautiously roll through a stop sign. These acts are quite negligent and very dangerous to both you and the other vehicles that are nearby.

While it is not yet clear, a 28-year-old truck driver in Grandy, Minnesota may have been driving in a reckless manner when he crashed into a train. The truck accident occurred when the 28-year-old came to a complete stop at a railroad crossing. The man apparently told investigators that he saw the train - estimated to be going 46 miles per hour by people at the scene - but went through the stop sign anyway, causing the wreck.

]]> It is possible that the 28-year-old tried to beat the oncoming train through the intersection in a moment of irresponsible action. He was airlifted to a nearby hospital, and though some details were not released, the 28-year-old was labeled in serious condition and may have had severe leg injuries.

The truck accident sounded quite violent, according to one officer at the scene. "I've seen a few train versus truck collisions and sometimes there isn't any damage to the train, but there was significant damage to the train at this scene," he said.

There is another side to this accident - there were no train crossing arms at the intersection where the collision occurred. Though there are signs that warn upcoming vehicles of the train crossing, it seems the road is not as well equipped as it could be to warn drivers of the danger posed by the powerful trains that pass through.

Source: East Central Minnesota Post Review, "NB man injured in Grandy train crash," Rachel Kytonen, Jan. 31, 2012

61-year-old was swerving, drunk before fatal multi-car wreck

2012-02-14T17:16:45Z

There is an inherent risk of getting into an accident every time we get behind the wheel of our car. The real disappointment - and often times, anger - comes when the car accident happens under negligent or reckless circumstances. It could be as major as texting while driving or as miniscule as grabbing a coffee mug out of the cup holder; but when a driver takes their concentration off the road, anyone around them can suffer the consequences.

With that in mind, there could be a wrongful death case on the horizon for a 61-year-old woman who hit and killed a pedestrian before colliding into two other vehicles. Someone had called in an erratic vehicle before the wreck occurred, and police located the car as it approached the crash scene.

]]> Suddenly, the vehicle missed a turn that it had signaled for and jumped a center divide where two people were standing. One was hit and killed and the at-fault vehicle continued into oncoming traffic, hitting another car which was pushed into a third vehicle.

The 61-year-old behind the wheel of the swerving car was hospitalized after a breathalyzer test revealed there was alcohol in her system. Details were not released on the exact blood alcohol level, but it seems quite possible consider she missed a turn and swerved into oncoming traffic that she was above the legal limit of 0.08.

Upon completion of an investigation into the wreck, the victim's family could seek compensation from the 61-year-old through a wrongful death suit, and the other cars that were affected by the collision might decide to bring personal injury claims against the woman too.

Source: Northland's NewsCenter, "Woman Killed In Erratic 3 Car Accident," Alyssa Kroeten, Feb. 7, 2012

Police officer failed to turn on lights, siren before fatal crash

2012-02-07T20:33:01Z

Last July, a police officer was about to pursue a speeding car when he collided with a car turning left. The passengers in that vehicle died from their injuries, either at the scene or later in the hospital. The car accident is tragic, but questions lingered regarding the circumstances of the crash. Was the officer negligent in the build-up to chasing the speeding car?

An investigation into the crash has found that the officer was not watching the road - instead, he was checking a GPS device - and that he did not turn his emergency lights or siren on to notify nearby cars of his presence. The investigation also reconstructed the crash and found the officer to be going about 72 miles per hour before colliding with the other car.

]]> Preceding the car accident, the officer maintained that he turned on his emergency lights but not his siren. That was supported by the investigation, but at least three witnesses contested that finding. "I didn't see any lights," said a witness who was near the accident, while another witness said "there was no sirens." A third witness recalled telling her son right before the crash "maybe the emergency is over" and that that was why the police car did not have its lights on.

The report was released after the officer was spared any criminal charges by a grand jury, so the attention now turns to any civil action that could be taken against the officer by the families of the deceased passengers.

Source: Mankato Free Press, "State Patrol: New Ulm squad car's lights, siren off during fatal crash," Feb. 1, 2012