Auto Accidents

While there may be exceptions, the general rule is that once you settle a case, it cannot be reopened. This is because the settlement includes a section that releases the insurance company from further liability for the victim’s damages. There would be no reason for the insurance company to agree to a settlement without this language in the settlement.

Below, we discuss some of the exceptions when an attorney might be able to “reopen” a case that was settled. We also explain why it is so important to make sure a settlement provides all the compensation you need before you sign it.

If you want to make sure a settlement provides the compensation you need, you should strongly consider hiring an attorney to help you before you sign a settlement document. Injured victims who hire attorneys often recover more compensation than those who go it alone.

The experienced Minneapolis auto accident attorneys at TSR Injury Law have helped many car crash victims secure compensation for all their damages. There are no upfront costs for our services.

Why Are Cases Typically Closed After the Settlement is Signed?

Insurance companies do not want to deal with multiple claims from one injury victim over the same injury. That is why insurance company settlements include a release of liability. While the language of each insurance company’s release may vary, it will say you are signing away your right to file a lawsuit in exchange for compensation from the insurer.

The insurance company needs a reason to pay compensation. They may say they are paying compensation because you need it, and they want to help you recover from the accident, but the reality is they want certainty and to expand their profit margins.

The insurance company wants to pay out as little as possible to resolve your case. That is why they may offer a settlement early in the process, before the full extent of your injuries is known. If you accept a settlement early in the process, you may be leaving compensation on the table. The insurance company knows full well that once you sign the settlement, you cannot seek more compensation from them.

While cases are typically only closed when the settlement agreement is signed, verbally agreeing to a settlement can be a bad idea if you are not sure the settlement provides all the compensation you need. The insurance company may try to hold you to your verbal agreement. That is why you should have an attorney managing your case and communicating with the insurance company on your behalf.

When May a Car Crash Case be Reopened?

There are rare instances when a car crash case could potentially be reopened after it was settled. For example, it is possible there may be significant technical errors in the settlement documents. Maybe a decimal point is out of place or there is a typo in the settlement amount. While it may be possible to simply fix the mistake, backing out of the settlement might also be possible.

Other reasons why a car crash case might be reopened include:

• Defendant failed to perform – If you were supposed to receive the settlement within a certain number of days, but you have not received it, the case might be reopened because of the defendant’s failure to perform.
• Settlement has not been signed – If you verbally agreed to the settlement, the case should not be closed until you sign the document. However, a verbal agreement could be interpreted as valid, which would make it harder to reopen your case.
• Another party is at fault for some of your damages – This may not be the same thing as reopening your case, because you are not seeking compensation from the same insurance company you already settled with. You are seeking compensation from another at-fault party. This is a separate claim. An issue may still arise if you signed a general release, as opposed to a Pierrenger or Drake Release, which settled all cases even if you did not mean to.

It is important to note you cannot reopen a case because you need more compensation. It does not matter how severely you were injured or how much more compensation you need. Once you sign the agreement and compensation is paid out, it is usually not possible to reopen the case.

If your case goes to court, a jury verdict could potentially be appealed. However, appeals can only be granted for certain reasons. This could be thought of as reopening the case.

Unsure if You Have a Case? Call TSR Injury Law

Generally, you cannot reopen a car accident case that has been settled. That means you need to be sure the settlement provides full compensation for damages you have already suffered and damages you may suffer in the future.

At TSR, we understand how important it is to recover full compensation for your damages. Our goal is to help you get the compensation you need to move forward with your life.

Our firm works on contingency, so there are no upfront fees. The initial consultation is also free.

Call TSR today to discuss your situation: (612) TSR-TIME.

The aftermath of a car crash is difficult enough. If the at-fault driver lies about his or her role in the situation, it puts up another obstacle to recovering compensation for your damages. Even if the at-fault driver’s statements are untrue, they give the insurance company more reason to question your account of the crash.

If you think the at-fault driver is lying or exaggerating, it is important to contact an experienced attorney right away. You need a lawyer who has been through this process many times, who knows how to build a strong case and will pursue full compensation.

The Bloomington-based car accident attorneys at TSR Injury Law have secured compensation for many vehicle crash victims. We know how to investigate and gather evidence about the crash and determine the value of your damages.

Is the at-fault driver lying? Call TSR today: (612) TSR-TIME.

Why Some At-Fault Drivers Decide to Lie

Drivers who cause car crashes have an incentive to lie about what happened. If a driver caused a crash, the victim may be able to seek compensation from the driver’s liability insurance. Claims filed against that at-fault driver’s insurance policy could cause his or her insurance premiums to go up.

Drivers may also want to avoid a traffic citation, especially if they have received multiple traffic citations in a short period of time. The driver may be concerned about a license suspension, which can happen if you receive enough moving violations over a certain period.

Sometimes drivers lie because they have been drinking alcohol or are under the influence of drugs. They do not want to face the consequences of a DWI conviction.

Lies At-Fault Drivers May Tell

The driver who caused your crash might lie about a variety of things. For example, the driver may lie and say he or she was not speeding or texting and driving. While the victim may have suspicions that the at-fault driver was speeding or distracted, the at-fault driver may think there is no way you can prove it.

Drivers often lie about whether they were drinking. They do this because there are severe legal consequences for those who are convicted of drinking and driving.

Drivers may also lie about being fatigued or nodding off at the wheel. However, you may have noticed that driver having trouble staying in his or her own lane of traffic. You may even see the other driver yawning when he or she gets out of the car after the crash. Despite it being obvious the other driver is tired, he or she may lie about it.

Some of the other things drivers may lie about include:

• Tailgating/following you too closely before the crash
• Running a stop sign
• Running a red light
• Mechanical issues in the vehicle that helped contribute to the crash, such as a recalled part

How Do You Prove Your Account of the Crash?

There is no need to confront the other driver about his or her lies. You do not want to get into a shouting match or physical confrontation with the other driver. The important thing is to present your side of the story and hire an attorney to take on the insurance company on your behalf.

Tell the Police Officer What Happened

When the police arrive at the scene, you can explain what you remember about the crash and the officer will note your statement in the police report. The report may also include the officer’s thoughts on fault for the crash. If the at-fault driver lies to the officer, he or she may be able to spot the lie. Police officers deal with drivers and others who give untrue statements on a regular basis, so they are skilled at spotting lies.

If you think the other driver is under the influence of drugs or alcohol, there is a good chance the officer will figure it out. Driving drunk is illegal and carries severe penalties, so if the officer thinks the other driver may be drunk, the officer may conduct a field sobriety test or breathalyzer test.

Correct Errors on the Police Report

When you or your lawyer obtain a copy of the police report, it is important to make sure the information on it is correct. If there are errors, talk to your lawyer about getting them corrected as quickly as possible. Sometimes correcting an error is as simple as talking to the officer on the phone. However, if it is more complicated, you may need an experienced lawyer to help you get the error removed.

Gather Witness Statements

If there are witnesses to the crash and their statements back up your account of the crash, it is much less likely the at-fault driver’s lies will hold up under scrutiny.

The responding police officer will talk to witnesses. You can also get their contact information and give it to your attorney so he or she can contact them later.

Taking Pictures at the Scene

If you are physically able to do so, you can take pictures of visible injuries and damage to your vehicle. You can also photograph the location of the crash (road signs, landmarks, etc.) and debris or damage to the road (skid marks, broken glass, vehicle parts, etc.).

Staying Consistent

Your actions after the crash can help bolster your credibility. If you are more credible than the other driver, it will be harder for his or her lies to hold up over time. Drivers who lie about a traffic crash will have difficulty remembering what they said and making consistent statements about what happened.

If you want to ensure consistent statements, it is best to stick to the truth and limit what you say about the crash. Tell the responding officer what happened but avoid talking to the insurance company, or at least limit what you say to the insurance company.

Insurance companies know how to trick victims into saying things that could hurt their claims. Insurers may also want to keep you talking. The longer you talk with them, the more likely it is you will say something that you might contradict later.

It is generally best to let your attorney deal with the insurance company. At TSR, we know how to do this because we have been doing it for decades. We know how to build strong cases, as you can see from our proven history of success. We have secured $1 billion in compensation for our clients.

Give Us a Call. We Are Ready to Help

Insurance companies are ready to fight hard to avoid paying full compensation for damages suffered by car crash victims. You need an experienced advocate who has the resources and legal knowledge to fight just as hard for your interests.

TSR Injury Law works on contingency, which means the initial consultation is free. There are no upfront fees to pay before we take your case. Our attorneys do not get paid unless you get paid.

Call today to discuss how we can help: (612) TSR-TIME.

While there are personal injury cases that end up in court, most reach a resolution after the victim and the liable insurance company agree on a settlement. Sometimes victims deal with the insurance company themselves, but if you hire an attorney, he or she is going to send a settlement demand letter to the insurance company.

The settlement demand requests that the insurance company provide compensation for the victim’s damages. Below, we discuss these letters in greater detail, along with the benefits of having an experienced attorney negotiating for the compensation you need.

If you have questions about the legal process or are unsure if you have a case, give us a call today. We are ready to help you during this difficult time, and we do not charge upfront fees.

TSR Injury Law. Experienced attorneys ready to assist you. (612) TSR-TIME

What Does a Demand Letter Include?

While the details of each demand letter are different, they all have certain elements. For example, the demand letter will identify all the parties involved in the claim, including the insurance company, the victim, and the at-fault party. If an insurance adjuster has been assigned to the case, this person’s name and contact information will also be included.

These details need to be included so the other parties besides the victim are notified of the claim and can respond.

Other elements of a demand letter include:

Description of the Incident That Caused Your Injuries

This is one of the most important parts of the demand letter. This section explains what happened, how and why you got injured and why the other party should be held liable for the damages you suffered.

The description of the incident often includes medical records, the police report and statements from those who witnessed the crash. The demand letter may also include pictures of your injuries and pictures from the scene of the crash.

The information in this portion of the letter needs to be descriptive and factual.

Summary of Your Damages

The demand letter also lists the damages you suffered in the crash and explains how the crash has affected you.

Damages may include:

Your attorney will include documentation to support your damages, including receipts and bills detailing your expenses. Non-economic damages will need to be explained in detail because there are no bills or receipts for these damages.

Your attorney may need you to keep a journal in which you explain the psychological damage caused by your injuries. For example, victims may explain the trauma of not being able to take part in the activities they once enjoyed. They may also describe how their injuries have damaged their relationship with their spouse. Other details in the journal may help to explain how the pain and limitations caused by the injury affect the victim each day.

Compensation Demand

The demand letter tells the insurance company how much compensation is being sought and what will happen if the demands are not met. The letters often say the victim intends to file a lawsuit if the insurance company refuses to meet the demand.

What Demand Letters Do Not Include

While there are many elements of a demand letter, there are certain things that should not be included in these documents. For example, you do not want the letter to make an unreasonable demand for compensation.

You also do not want the letter to have an extremely detailed description of the crash because it could be challenged. For example, you do not want to have statements that contradict the police report.

Other items that should not be included in your demand letter are any statements that could be perceived as admissions of fault.

Writing a detailed demand letter is complicated. However, this is just one reason why you should hire an experienced Bloomington car accident attorney to manage your claim. The attorneys at TSR Injury Law have obtained compensation from many insurance companies and we know how to draft an effective demand letter.

We are also experienced negotiators, so we know how to determine the compensation demand that is appropriate for a claim. You do not want to start too low or too high. Often, the insurance company responds to this with a counteroffer that is much lower than your original demand. Typically, insurers and the attorney for the victim go back and forth until they reach agreement on a settlement.

There is a strategy to negotiating for compensation and this is something that victims should leave up to an attorney with a proven track record.

TSR is Here to Assist Injured Victims. Call to Learn More

If you were injured by another’s negligence, you need an experienced law firm to help you seek justice and compensation. You should not decide about a settlement offer until you speak with an attorney.

TSR Injury Law has been taking on insurance companies for decades, and we have obtained hundreds of millions for our clients. We have the resources and experience to build a strong case. We also work on contingency, which means you do not pay us up front.

No upfront fees. No fees while working on your case. Call (612) TSR-TIME.

At-fault drivers and their insurance companies often dispute liability for a crash. When these disputes come up, the victim’s lawyer may need additional evidence to help prove the claim. For example, footage from a dashboard camera in one of the vehicles involved in the crash, or the vehicle of an eyewitness, may be useful.

We discuss how dash camera footage may help validate a car crash claim, and why victims may need a lawyer to obtain the footage.

If you were injured in a car crash, you should strongly consider contacting an experienced attorney to help you seek the compensation you need. There is no telling what challenges may come up during a car crash claim and you would greatly benefit from the help of a licensed attorney.

For decades, TSR Injury Law has been recovering compensation for injury victims in Minnesota in a wide variety of cases. Our Bloomington-based vehicle accident lawyers are prepared to handle each aspect of the case at no upfront cost to you. We know how to gather the evidence we need and are prepared to go to trial to secure full compensation.

Does Minnesota Allow Drivers to Install Dash Cams in Their Cars?

Yes, you are allowed to install a dashboard camera in your vehicle, provided it is immediately behind, slightly above or slightly below your rearview mirror. You are prohibited from mounting the dash cam on your dashboard because this could obstruct your view of the road.

If you have a dash cam in your car and it records the crash, the footage is yours to use. However, if the footage is from a dash cam in the other driver’s vehicle, or the vehicle of an eyewitness, your lawyer may need to go through a formal process to obtain it. That is, unless the other driver decides to provide it. A witness may do that, but the at-fault driver is unlikely to simply hand it over.

What Might Dash Camera Footage Reveal?

The footage may show the other driver breaking traffic laws, such as:

The dash cam may also capture incriminating evidence in the moments after the crash. For example, maybe the other drive was stumbling around looking like he or she was drunk or under the influence of drugs. If the dash cam captured audio, it might pick up the other driver apologizing or admitting fault for what happened.

This information along with your account of the crash, the police report, crash scene photos could go a long way in helping your lawyer validate your claim.

Dash cam footage could be especially important if the other driver lies about what happened or the insurance company disputes liability. While insurance companies may feel confident about disputing things you said about a crash or the police report, it is hard to dispute video footage. This could be especially true if your case makes it to trial.

Often, dash camera footage is admissible in a court of law, so if your case goes to court the footage could help prove your case to a judge or jury.

How Insurers May Fight Against Dash Camera Footage

If the dashboard camera was installed in a way that violates state law, the insurance company may say the footage cannot be considered. If the case goes to court, the insurance company may argue it should be inadmissible.

That is why it is important to ensure you install the dash camera correctly in your vehicle. Of course, you cannot control how another driver installs his or her dash cam. Even if the other driver had the device installed incorrectly, the footage may still help prove your case.

If the camera was correctly installed, the insurance company may still claim you altered the footage or say the footage shows you are at fault for the crash and not the other driver.

These are all reasons why you should hire an attorney to help you pursue compensation. The attorneys at TSR Injury Law have helped many crash victims secure compensation and we have dealt with many insurance companies. We know the tactics insurance companies employ to deny or devalue claims.

Not only do our attorneys know how to obtain dash cam footage, but we can also fight back against the insurance company’s attempts to exclude dash camera footage from your claim.

Give Us a Call to Discuss Your Claim

There is no risk in calling our firm to discuss how we may be able to help. The initial consultation with a licensed attorney is also free. If we validate your claim and you hire our firm, there are no upfront costs while we work on your case.

Decades of Experience. No Upfront Fees. Call (612) TSR-TIME.

There are many decisions injury victims make that they do not realize could hurt their claims for compensation. One such decision is refusing medical care, either at the scene or later during the treatment process.

Refusing treatment hurts you on many levels. It will hurt your chances of actually recovering from the crash because usually simply waiting does not fix injuries. Ignoring treatment parameters also will hinder you from recovering full compensation for your damages. The insurance company will claim if you do not need to treat then your injuries are not that bad. They could also say you are not taking appropriate steps to mitigate your damages.

Below, we detail the problems with refusing medical treatment when seeking compensation after a car crash. It is important to note there are legitimate reasons to refuse medical treatment, and you may still be able to seek compensation if you did not get treatment at the scene.

TSR Injury Law is ready to assist you with the legal process. Call (612) TSR-TIME.

Why Crash Victims May Refuse Treatment at the Scene

Sometimes crash victims refuse medical treatment at the scene. They may think they have not suffered significant injuries. They may also think whatever harm they suffered will heal on its own without treatment or they are worried about how to pay for an ambulance or emergency room visit.

Crash victims may think there is no way they could have suffered serious injuries in the crash. They may think the crash was not that big of a deal because they were able to get out of the car and their vehicle did not sustain catastrophic damage.

However, it is important to understand a crash can release adrenaline, and this could mask your symptoms or at least make it feel like they are not that bad. Your symptoms may worsen in the hours and days after the crash.

Waiting to seek treatment is dangerous for your health because your injuries could get much worse. It may also contribute to you having long-term medical problems or at least a much longer recovery period.

Although you are seeking compensation, your top priority should be your health, particularly your ongoing health.

The Problem With Refusing Treatment at the Scene

If you refuse treatment at the scene, the insurance company is surely going to try and use it against you. They will claim you did not get hurt in the crash – if you did get hurt, why would you refuse treatment?

It is important to understand that you can still file a claim if you refused treatment at the scene. The insurance company will argue about causation of later treatment to the crash. The sooner you seek care after the crash the less likely this argument will work. If you are in pain you can still go to Urgent Care, the Emergency Room or your family doctor. The main goal is to get better and not allow the injuries to get worse, but the secondary effect is to also better document the injury to the crash.

Refusing Specific Types of Medical Care Later in the Process

While getting medical care after a crash is important, so is following through with your medical care. If you miss appointments or refuse treatment it could hurt the value of your claim.

The insurance company will argue you have fully recovered, otherwise why would you be stopping treatment or refusing something recommended by your doctor. The insurance company could even claim you are just trying to make your injuries worse to drive up the cost of your claim.

You have the right to make your own decisions about medical care. For example, some believe in chiropractic care even if insurance companies do not. Some believe in pain management care of medication or injections, where insurance companies believe a massage and stretching are enough.

You may also question if a doctor is recommending the appropriate treatment. You could get a second opinion and undergo alternative treatment. If the alternative treatment is something recognized by the medical community as appropriate for your injury, it will be harder for the insurance company to exclude the cost of this treatment from your claim.

If you and your family have doubts about a doctor’s recommendations, it is important to discuss the situation with them. You should not make decisions about getting surgery to try to inflate the value of your claim or because you think refusing treatment could hurt your claim.

As far as your claim is concerned, your Bloomington-based auto accident attorney can discuss how aspects of your treatment might impact the value of your claim. Unlike the insurance company, we are working to protect the full value of a claim for compensation.

Steps You Can Take to Protect Your Claim

If you refused treatment at the scene, you should still get to the hospital right away. Talk to an experienced attorney about the fact you refused treatment at the scene.

If you miss an appointment, you can reschedule it to help prevent a missed appointment from hurting your claim.

If do not want to get a certain type of treatment, discuss it with your attorney to learn how your claim may be affected. Decisions about medical treatment are up to you and your family, but it is also important to know how your claim may be impacted.

Set Up a Free Consultation at TSR Injury Law

If you suffered an injury in a car crash, you could greatly benefit from the assistance of a licensed attorney. Insurance companies routinely make lowball settlement offers and find reasons to deny or underpay claims.

Our firm is ready to help you pursue the compensation you need with no upfront costs. We have been helping motor vehicle crash victims for decades and we have obtained hundreds of millions on behalf of our clients.

TSR Injury Law. Licensed. Local. Lawyers. Call (612) TSR-TIME.

When a car insurance company makes a settlement offer, they may set a deadline for accepting it before it gets taken off the table. If they do not set a deadline, they may just expect a response in a reasonable amount of time.

However, you do not need to feel rushed into deciding whether to accept or reject a settlement offer. Despite what the insurance company says, the first offer is often not the only offer they make. In fact, the first offer is often far below the full value of your claim and any claimed deadlines to accept are arbitrary and not accurate.

It is also important to emphasize you should strongly consider meeting with a qualified lawyer to review any settlement offers you receive. An attorney from our firm is prepared to help you determine if a settlement offer provides the compensation you need to move forward with your life.

It often takes time to get the insurance company to make an offer that provides fair compensation. A Bloomington vehicle crash attorney can counter, and it often takes multiple counteroffers to reach a fair settlement agreement

Why Insurance Companies Pressure Victims to Settle

The insurance company’s primary concern is their bottom line. They are trying to make a profit and that is done by paying out as little as possible to injured victims.

While insurance companies sometimes delay the process of negotiations in hopes of getting an injury victim to accept a low offer, they can also try to speed it up. They know victims need compensation to pay their medical bills, replace lost wages or just get back on their feet. That is why they may set a deadline for accepting a settlement offer and lead victims to believe that is the only offer the insurance company is going to make. They are counting on victims feeling desperate and deciding to accept what the insurance company is offering because it is “at least something.“ There is also the fear that if the offer is not accepted immediately, it may go away and no new offer will ever be presented.

Insurers may try to dissuade you from working with an attorney, claiming an attorney will just make things complicated and they will take a huge chunk of your settlement to cover their costs. Victims may feel pressured to decide and think they just do not have time to talk to an attorney. This is a false narrative. People with attorneys average three times the settlement. Even after paying attorney fees, the case is still worth more to the client. In addition, consultations are free, so why not be educated on your options before accepting a settlement.  TSR Injury Law can also review the facts of the case and determine if there is missing information the insurance company needs to make a fair offer.

Another factor to consider is insurance companies may be pushing you to settle because you have a strong case. They are trying to save themselves money and they do not want you to challenge them by hiring an attorney. They may think they will have to offer more compensation if you get an attorney because of the strength of your case.

Dangers of Accepting a Settlement Offer Too Quickly

One of the biggest problems with accepting a settlement offer too quickly is you may leave compensation on the table. You may not be able to recover full compensation for medical bills, particularly ongoing medical expenses.

There is basically no way to know the full cost of your damages early in the process. Doctors need to wait until you reach maximum medical improvement to determine how long your injuries may affect you. They need time to assess if you will have a permanent or long-term disability.

It may also take time to determine how your injuries affect your ability to work. Maybe you will be able to return to the same type of job at some point in the future. But you may need to work fewer hours or work a different kind of job. Doctors may not know what your physical abilities may be until you reach maximum medical improvement.

Advantages of Discussing Settlement Offers With an Attorney

The licensed attorneys at TSR Injury Law manage crash claims every day. We have a proven track record of success representing Minnesota crash victims.

We have the resources and legal knowledge to manage every aspect of a claim as we pursue full compensation for damages. We consider the various factors that affect the value of a case and the unique details of each client’s case, including:

Visit our testimonials page to learn what our clients have to say about their experience working with our firm and the benefits of working with a qualified attorney.

Contact TSR to Discuss Filing a Claim

Crash victims often do not realize how challenging it can be to seek compensation on their own. They may not understand how insurance companies operate and how they are working against the interests of victims.

The good news is you can work with an attorney, and there are no upfront costs. TSR has been securing millions for crash victims for decades.

Contact us today to set up your free legal consultation: (612) TSR-TIME.

Summer not only brings warmer weather, but also rain. June, July and August average 10 or more rainfall days per year. That means there may be a greater risk of rain-related car crashes that could result in serious injuries or deaths.

Rain can certainly make it easier to lose control of a car, which is why some drivers may blame a crash on wet road conditions. While it may sound logical to argue that rain caused a crash, drivers are still expected to maintain control of their vehicles, regardless of the weather.

Below, our Bloomington-based car crash lawyers discuss fault for a crash that occurs in wet road conditions and the responsibility of drivers in inclement weather conditions to prevent a crash. If you have questions after getting injured in a car crash, give our firm a call today to discuss your claim.

There is nothing to lose by contacting our firm and meeting with us to learn how we may be able to assist you. The initial consultation is free. There are also no upfront fees if you hire our firm to represent you.

Call today to learn more: (612) TSR-TIME.

Why Does Rain Make a Crash More Likely to Occur?

Even a light rain could make the roads more dangerous. Everyone knows water can make the roads slicker, but rain on roads is a different level of hazard because oils from tires and cars cause an extra layer of slickness making it harder for tires to maintain traction. This could lead to hydroplaning, which occurs when the tires cannot push water away faster than it accumulates in front of them. This results in a car sliding over the road without the driver being able to control it. Hydroplaning may be even more likely when vehicles are traveling at high speed and the brakes are applied.

There is a common misconception that there needs to be a lot of water on the road for you to hydroplane. However, it does not take much water to hydroplane especially with roads oils blended in.

Wet roads can make it harder for vehicles to stop as quickly. When drivers hit the brakes, their cars slide further than normal before coming to a complete stop. The front of the car could end up in the intersection instead of behind the white line. Drivers could end up crashing into the rear of another vehicle because their car did not stop as quickly as it normally would on a dry road.

The first 10 minutes of rain on a road is the worst because of the oil.

Old Tires Do Not Perform as Well on Wet Roads

Another factor that contributes to crashes in rainy conditions is old tires. Many drivers do not take the time to properly maintain their tires. Old tires lack tread and uninflated tires lack traction.  Both of these preventable problems make it harder for drivers to control the vehicle.

Liability for a Crash in Wet Road Conditions

Drivers are liable for most car crashes because of some form of negligence, such as speeding, failing to keep a proper look out or impaired driving. When the roads are wet and a crash occurs, drivers could also be found negligent for a variety of reasons, including:

Drivers are expected to follow all traffic laws and take reasonable steps to try to prevent a crash. It is reasonable to expect drivers to take extra precautions based on weather and road conditions. That means leaving more room between your car and the one in front of you, so you have enough time to stop.

Drivers cannot blame the weather because every other driver is dealing with the weather. If one driver was following another driver too closely and he or she suddenly hit the brakes, which often happens in rainy weather, the rear driver would be at fault for a rear-end crash. The rear driver should have left more room in front of your car.

Another argument that could be used to assign fault for a crash in wet weather is that the at-fault driver did not need to be driving. For example, some drivers may have physical disabilities or poor eyesight or a documented history of trouble driving in bad weather. The at-fault driver may say the roads were too dangerous because they were wet. However, the victim could argue the at-fault driver could have chosen to stay off the road.

While drivers cannot control the weather, they can control how they react to it.

Contact TSR Injury Law to Discuss Your Car Crash Claim

No matter how simple you may think your case is, the insurance company may not offer full compensation for your damages. In fact, they will be looking for things to use against you and may even try to trick you into saying something that hurts your credibility.

You need an experienced advocate fighting for your rights. There are no upfront fees for our services and no fees while working on your case. We have a proven record of securing hundreds of millions on behalf of our clients. We are also prepared to take cases to court to pursue the justice and compensation our clients are seeking.

TSR Injury Law is here to assist you. Call (612) TSR-TIME.

Tailgating other cars is a widespread problem on our nation’s roads. It often occurs because drivers are speeding, and they are angry that another car is in front of them forcing them to slow down. Tailgaters may even feel like they have a right to follow another car so closely because the other car should get out of the way.

However, tailgaters often do not consider that the driver in the car in front of them may get angry about being followed so closely. In fact, sometimes drivers who are being tailgated get so angry they slam on the brakes, a practice called brake checking. Their goal is not to cause a crash, but simply to get the vehicle behind them to back away.  Unfortunately, the following behind vehicle may not brake in time and a crash occurs.

While tailgating is a form of reckless driving, so is brake checking. This raises questions about fault for the crash and liability for damages. Is fault shared between both drivers? Can one driver bear most of the fault?

Below, we discuss brake-checking collisions and how liability may be assessed. If you were injured in a brake-checking crash, call TSR Injury Law today to discuss legal options. An initial consultation with a Bloomington car accident lawyer is free, and we do not charge upfront fees.

Defining Brake Checking

Brake checking is a type of aggressive driving that occurs when a driver suddenly hits the brakes to shock the driver following closely behind them. Brake checking is often a way for drivers to express road rage. They want to punish the driver behind them by scaring them and getting them to slow down and back off.

The lead driver usually does not want to cause a crash, but crashes often result from brake checking. The other driver is following so closely that it is difficult if not impossible to avoid a crash if the lead driver suddenly slams on the brakes.

There are times when one driver may brake check another to attempt to commit insurance fraud. The lead driver may cause a crash and file a claim against the other driver’s liability insurance. To avoid liability, the trailing driver would need to prove the lead driver did not have a valid reason for slamming on the brakes.

How Brake Checking Could Cause a Crash

Following another car too closely is dangerous because you leave yourself less time to react if the lead driver suddenly hits the brakes. Even if the lead driver is not brake checking you, there is a high likelihood of a crash because you are so close to the other vehicle.

The faster your car and the other car are traveling, the greater the likelihood of a crash because it takes longer to slow down and come to a complete stop.

Drivers may think they will be okay because they can keep their eyes on the car in front of them and be prepared to react if the lead driver slows down. However, this is a risky assumption, no matter how well you think you can drive.

While brake checking most often results in rear-end crashes, it is possible for brake checking to cause the rear driver to swerve out of the way and crash into another vehicle or even a fixed object (road sign, guardrail, tree, utility pole, etc.).

Who is at Fault for a Brake-Checking Collision?

Most of the time, one driver bears most of the fault for a crash. However, there are times when fault is shared between two or more drivers.

One of the challenges of assigning fault for a brake-checking crash is that both drivers were negligent. Tailgating is against the law, but so is hitting the brakes for no reason with the goal of scaring or intimidating the trailing driver.

Fault is going to be assigned based on the details of the crash. For example, your attorney is going to try to determine if the lead driver had a legitimate reason to hit the brakes. If there was no legitimate reason to hit the brakes, the lead driver may bear a significant percentage of fault.

The other issue that needs to be assessed is how close both vehicles were before the lead driver slammed on the brakes. If the rear driver was extremely close, he or she is probably going to be assigned a significant percentage of fault as well.

Under state law, you cannot follow another vehicle more closely than is reasonable and prudent. You are supposed to take note of the traffic around you, speed of other vehicles and road conditions when determining how closely to follow other vehicles. In other words, there may be times when you should stay farther behind other vehicles because there is heavy traffic or bad weather.

The law does not specify a safe following distance, but the general rule is three seconds. You should probably add another second or two in heavy traffic or bad weather.

Three seconds means you should be able to count to three between the time the lead vehicle passes an object and the time your car passes it.

Minnesota’s Comparative Negligence Law

Under state law, the victim can share fault for a crash and still recover compensation for damages. Your compensation award can be reduced by your percentage of fault. If you bear more fault than the other driver, you cannot recover any compensation for your damages.

Could the Brake-Checking Driver’s Insurance Company Deny Coverage?

Insurance companies often try to deny coverage by arguing the crash resulted from an intentional act. For example, the insurance company for the driver who engaged in brake checking may try to deny liability coverage. However, it may be difficult to prove the brake-checking driver intended to cause a crash.

The insurance company’s argument may not hold up in court. That is why it is important to be represented by an experienced attorney who can challenge the insurance company’s attempts to deny coverage.

At TSR, we are also prepared to take the case to court to pursue full compensation. We have a proven track record of securing compensation for crash victims, through settlements and courtroom verdicts.

Give TSR Injury Law a Call Today

Are you unsure if you need an attorney to help you recover full compensation after a crash?

You do not need to try to answer this question on your own. Give us a call to schedule your free legal consultation. This free meeting is a chance to learn about the benefits of hiring an attorney, and there is no obligation to hire our firm.

TSR Injury Law. No Upfront Fees. Call: (612) TSR-TIME.

When parents hand the car keys to their kids, they are not necessarily handing over responsibility for damages if their teenagers cause a crash. Parents could bear liability for these crashes, depending on certain factors, such as whether the parents own the car. (Many teenagers drive cars owned by their parents.)

If you were injured in a collision with a teenage driver, TSR Injury Law is ready to help you seek compensation. We can determine if the driver’s parents may be liable for damages and negotiate with the insurance companies on your behalf. There are no upfront fees to hire our firm and no fees while we work to pursue the compensation you need.

Need legal help after a crash? Call TSR today: (612) TSR-TIME.

Liability for Teenage Driver Crashes

In Minnesota, liability coverage and uninsured/underinsured motorist coverage follow the car, not the driver. If the car the teenager was driving is owned by the teenager’s parents, the parents may be liable for damages caused in the crash. That means you, as the victim of the crash, may be able to file a claim against the parents’ liability insurance.

Even if the child is 18 years old, parents may have liability if they still own the car.

When parents do not own the at fault car, they are usually not held liable for damages caused by their teenage driver. Parents cannot insure a car unless they are listed as the owners.

Parents can also be held liable if they own the car and their teen driver allows someone else to drive it. Minnesota follows the “initial permission” rule. If permission is granted to drive a car, even if the permission is abused (for example it is ok to drive the car to the store but nowhere else and the driver takes off to Wisconsin and causes a crash) the owner of the car is liable for all damages caused.

What if the Teenager Did Not Have Permission to Drive the Car?

Sometimes teenagers decide to drive their parents’ car without permission. However, the term permission is not always clear. For example, if the parents allowed their child access to the car, but one day did not grant permission yet left the keys to the car in a place where the teenager could easily get a hold of them, that’s permission. The parents could be held liable for damages if their teenager causes a crash.

If a teenager has a drug or alcohol problem or mental health issues, the parents should take reasonable steps to try to prevent this person from getting behind the wheel of a car they own. Parents may be held liable if they make no attempt to prevent their teenager from driving, and he or she crashes their car. This may include locking up the keys or keeping the keys with them.

Insurance companies often deny coverages when children take the parent’s car without explicit permission. Litigation with discovery often unearths the truth and coverage can be established.

Crash victims should strongly consider hiring an attorney to help them pursue compensation. The experienced Bloomington car accident lawyers at TSR Injury Law know how to dispute arguments the at-fault party and their insurance company may make.

Negligent Entrustment

Sometimes a teenager is known to be an unusually dangerous driver. For example, the teenager may have a suspended license because he or she has been in numerous crashes or received numerous traffic tickets. The teenager may also have other issues, such as the substance abuse problems mentioned in the previous section.

If parents allow a teenager with this kind of record to drive their car and the teenager causes a crash, it could be considered negligent entrustment.

What if the Teenager was Engaged in Criminal Negligence?

You may have heard that car insurance companies may void coverage if their policyholder was engaged in criminal behavior. This raises the following question: Could a teenager’s parents not bear liability because their teenager was committing a crime?

This is a complex question that should be discussed with an experienced attorney. You should not take the insurance company’s word for it that the insurance policy has been voided.

The insurance company may say that the teenager driving drunk or on drugs voids the insurance policy. However, insurance should still apply because the insurance company would have a hard time arguing the teenager intentionally caused the crash.

Contact TSR Injury Law After a Car Crash

You do not need to try to seek compensation on your own. You do not need the stress of trying to manage the legal process and dealing with the insurance company.

TSR Injury Law’s trusted attorneys have been working with car crash victims for decades, securing compensation for victims of a wide range of collisions. We know how to investigate crashes, gather evidence, evaluate your damages, and aggressively negotiate with insurance companies. We are also prepared to take cases to court and have done so successfully many times.

No upfront fees or legal obligations. Contact us to learn more: (612) TSR-TIME.

Ever wonder if all the touchscreens and interactive features in newer cars is contributing to distracted driving?

Research from the late 1980s indicates that the poor performance of Apache helicopter pilots was the result of too many screens and devices demanding their attention. These pilots had to undergo considerable training prior to operating these high-tech aircraft. Therefore, it is reasonable to assume the numerous touch screens, interactive maps and other features in modern cars may be overwhelming for many drivers.

It is also important to note that research on Apache helicopter pilots led to a redesign of cockpits to help pilots stay focused.

According to David Strayer, one of the cognitive psychologists who was involved in the Apache research, cars are being loaded with instruments that are “overloading the driver just like we were overloading the helicopter pilots.”

The same discoveries about pilots being overloaded can be applied to drivers of heavily equipped motor vehicles, according to Strayer.

Unfortunately, auto manufacturers and smartphone designers have ignored this research and continue to add even more features. This constant influx of new technology may encourage distracted driving.

“They’ve created a candy store of distraction,” said Strayer.

It is worth noting that some of the innovative new features include blind-spot detection and lane-departure warnings. However, even with these new safety systems, we continue to see a rise in highway deaths.

While there are many reasons for crash fatalities, one of the biggest culprits is distracted driving. In fact, a Nationwide Insurance poll shows agents believe half of all crashes are caused by distracted driving.

The problem may be worse because people often do not report distracted driving. In many states, using a smartphone while driving carries penalties, particularly when distracted driving results in a crash. Those who readily admit to distracted driving could be held financially liable for damages following a crash.

People continue to engage in distracted driving, despite the statistics showing the dangers and consequences. A State Farm survey from earlier this year found more than half of the drivers interviewed often or always text and drive. The survey also found 43 percent of these drivers watched videos on their cellphones or even did video chats.

Auto manufacturers and smartphone makers tend to think about the problem of distracted driving as a problem related to cellphones. That is why they try to integrate the functionality of cellphones into vehicle dashboards and allow for voice recognition.

However, this technology does not seem to eliminate the problem. In fact, it may be making things worse. Even changing music or adjusting the air conditioning via voice commands can be just as dangerous as using a smartphone behind the wheel.

Strayer and his team found that voice commands can significantly increase a driver’s cognitive load. Studies show that distracted driving is not just about your eyes drifting away from the road. If your mind is not on the task at hand, such as driving, it can be just as dangerous. You cannot ask your brain to do too many things at once.

Another factor to consider is that all the distractions being built into vehicles may make drivers believe distracted driving is OK.

“People think, ‘It came with the car, it must be safe,’” said the father of a daughter who was killed in a distracted driving crash in 2016.

Injured by a Distracted Driver? Call TSR Today

Our firm has secured millions on behalf of crash victims in Minnesota, and we are ready to discuss your situation in a free consultation. Our Bloomington-based vehicle accident lawyers take cases on contingency, which means no upfront fees or legal obligations.

Contact TSR today to learn more: (612) TSR-TIME.

There are various things that can affect the value of a car crash claim. They include the type and severity of the injuries suffered, how you respond to treatment, wage loss from injuries, the insurance policy limits, and more.

One of the important factors they look at is the extent of damage to the vehicles involved in the collision. Rightly or wrongly, they assume it is unlikely for people to suffer significant injuries if the vehicle they were in sustained little damage. They are more likely to agree a victim suffered a severe injury if his or her vehicle was totaled or sustained extensive damage.

If the victim’s vehicle was totaled or severely damaged, it can be easier for the victim’s attorney to prove the victim suffered serious injuries. This may also improve your chances of recovering full compensation for your damages.

Below, we discuss how the extent of vehicle damage may impact a Minnesota car crash claim. If you have questions about taking legal action after a car accident, we are prepared to help. There are no upfront fees when you hire our services.

Schedule your free legal consultation. TSR is here to help: (612) TSR-TIME.

Vehicle Damage Can Help Indicate Fault for a Crash

The location of damage helps to show how the crash occurred. Attorneys and insurance companies can work backward from the damage location and severity to determine how fast vehicles were traveling and their position before the collision. The location of the damage may also help indicate who had the right of way.

For example, if the passenger side of your vehicle was damaged and the crash happened in an intersection, the other driver was likely turning left. In a crash like this, one of the drivers probably did not have the right of way.

If the front quarter of the at-fault driver’s vehicle was damaged and that driver was attempting to make a right turn, it may indicate the driver who was turning is at fault. This driver may have had a red light and it was not safe to make the turn.

On the other hand, the approaching driver may have had a red light while the turning driver had a green light. In this situation, the approaching driver may be at fault for running a red light.

These are just a few of the many examples of how vehicle damage can tell you things about how and why a crash happened and who may be at fault.

Vehicle Damage Helps Support the Value of Your Damages

There are many ways vehicle damage could help support the value of a claim for damages. For example, the faster cars are traveling when they collide, the more severe the damage is likely to be. The more severe the damage, the more serious the injuries are likely to be.

Severe damage often indicates who had the right of way. Severe crashes often happen when one driver violates another driver’s right of way, such as by running a red light. The driver who has the right of way often does not have much time to slow down or move out of the way. The result is likely a collision that causes a lot of damage.

Distracted driving crashes often cause severe damage because the at-fault driver may not slow down at all before the collision. He or she may not look up from his or her phone until a second or split second before impact.

Your attorney can consult vehicle crash test reports to show the type of impact that would be necessary to cause the damage your vehicle suffered. This can be strong evidence about the cause of the crash and who may be at fault. Crash test data may also indicate the types of injuries that would be likely to occur in different types of crashes.

Insurance Company Biases Related to Vehicle Damage

Insurance companies have a variety of biases that they apply to claims. For example, they often do not consider soft-tissue injuries to be that serious.

They also do not think serious injuries can result from crashes that cause relatively minor damage. The damage from a rear-end crash may not be severe – the bumper may need to be replaced and there might not be significant damage to the vehicle frame. That said, the driver may have suffered whiplash that affects him or her for months afterward and requires regular treatment.

The value of this claim could be considerable, and the insurance company may try to lowball you. They may tell you that your vehicle was not seriously damaged so you should not need the amount of compensation you are claiming.

It is important to note insurance companies are always looking for an excuse to deny or devalue a claim. Even if your crash resulted in significant vehicle damage, the insurance company may try to lowball you.

Call TSR Injury Law Today for Legal Assistance

Our firm has been recovering millions in compensation for our clients for decades. We are deeply committed to your best interests.

At TSR Injury Law, you are not a number. Our Bloomington car accident attorneys understand this is a difficult time for you, and we are here to help. We are available to answer your questions throughout the legal process.

Give us a call to learn more about our services: (612) TSR-TIME.

Many car crash victims have questions about what to do. They may think about contacting an attorney but think the “case is not big enough” or “I will get less”. They may want to wait and see if the legal process gets complicated or the insurance company denies their claim. Some crash victims may convince themselves they are waiting for the right time to call an attorney.

Is there a “right time” to call an attorney? Is it better to call an attorney sooner rather than later? Is waiting a good idea? The short is there is never a good reason to delay calling. The consult is free and educated decisions are always the best way to proceed.

TSR Injury Law’s experienced Minneapolis vehicle accident attorneys explain why it is best to contact a lawyer right away. We have helped many crash victims secure full compensation for their losses and there are no financial risks because there are no upfront fees.

Why Crash Victims Often Wait to Call a Lawyer

Unfortunately, there are many misconceptions floating around about car crash lawyers. For example, some victims may be concerned that attorneys are going to take a big chunk of their settlement to cover legal costs.

This is an idea that has been aggressively pushed by insurance companies. However, hiring an attorney is not as expensive as many insurance companies would have you believe. In fact, not hiring an attorney could end up being more expensive than hiring one. Without an attorney, it is much harder to recover full compensation. Without an attorney, there is no threat of consequence to the insurance company.  Without accountability, they will never pay fair full compensation.

Other crash victims may think they simply cannot afford to hire a lawyer. They do not realize car crash attorneys are not the same as other types of attorneys. At TSR Injury Law, we do not charge fees up front. We work on contingency. That means we do not collect our fees unless you receive compensation at the end of the legal process. The bottom line is there is no financial risk in working with one of our attorneys. Statistics show represented people get three times the compensation, so even after attorney fees the client will come out ahead. In addition, clients can rest assured the law will be followed and they will be treated fairly.

Sometimes crash victims may think they are not badly injured so there is no need to bring in an attorney. They think they can deal with the legal process on their own.

The problem with this reasoning is you may be more seriously injured than you realize. Sometimes symptoms take time to get worse and interfere with more of your life. If you handle things on your own, the insurance company is likely going to make lowball settlement offers and try to convince you to accept them.

What if you are wrong about the severity of your injuries?

If you accept a settlement offer that does not take this into account, you may be left with significant damages that you must pay for out of your own pocket.

Crash victims also may not realize all the things an attorney can do for them. For example, an attorney can talk to the insurance company for you. He or she can negotiate a settlement, investigate the crash, gather evidence, advise the best medical treatment, get wage loss paid and file legal documents. In other words, an attorney can manage each step of the legal process, so you do not need to. You can focus on your medical treatment.

Why it is Best to Contact an Attorney Right Away

If you were injured in a crash and needed medical treatment, an attorney may be able to assist you. This is particularly true if your injury is preventing you from working and causes symptoms that significantly interfere with your life. If your car suffered serious damage, or was declared a total loss, a lawyer may be able to assist you.

That said, sometimes significant injuries result from crashes that do not cause significant property damage.

That is why there is no way to know for sure if a lawyer can help unless you ask. By contacting an attorney right away, you can get some clarity on your potential legal options. If an attorney says he or she cannot help, at least you will have some peace of mind that you should be able to get the compensation you need on your own.

If you wait to call an attorney, you are more at risk of making common mistakes that could hurt your claim. For example, you might accept a lowball settlement offer. If you work with a lawyer, he or she can review settlement offers and explain if they are fair. He or she can also negotiate for more compensation.  It is much easier for a lawyer to work early on a case and make sure it is presented well.

Sometimes, when a client tries to go it alone, it is difficult to “unring” the bell and fix errors that would not have occurred if the victim hired a lawyer in the beginning. TSR Injury Law gets paid the same no matter how long we work on a case. It is always better to hire us early so we can make sure everything goes smoothly.

Your lawyer can talk to the insurance company on your behalf. This means you do not need to talk to the insurance company. Insurance adjusters know how to trick crash victims into saying things that hurt their claims.

Another problem with waiting is it gives your lawyer less time to prepare a lawsuit. While most cases are resolved through settlement negotiations, some end up in court. There is limited time to file a lawsuit and once the deadline passes, you will be barred from taking any legal action.

Should I Call the Insurance Company First?

There is a misconception that it is best to call the insurance company first. Your attorney can file an insurance claim on your behalf. An attorney also knows how to protect the value of a claim when talking to the insurance company. If you talk to the insurance company, you could say things the insurance company could use against you.

What if My Crash Happened Weeks or Months Ago?

While it is best to call a lawyer right away, an attorney may still be able to help you if you waited to call. Sometimes our attorneys can help crash victims whose claims were already denied or victims who tried to work with other lawyers and had bad experiences.

For example, our firm was able to secure compensation for the victim of a high-speed rear-end crash. She was working with another lawyer who sat on the case for almost five years and would not return her calls. Fortunately, a friend suggested TSR, and we were able to stay the statute of limitations and ended up securing a settlement to pay all her bills.

We also secured compensation for a passenger who was injured in a crash during a high-speed chase with another vehicle. The victim originally hired a different firm, but eventually hired TSR and we recovered significant compensation.

There is no way to know if a lawyer can or cannot help you unless you contact him or her and ask. There are so many factors an attorney must consider about a claim. They need to learn more about your injuries, damage your vehicle suffered and how the collision happened.

Legal Help is Available. Call TSR Today to Learn More

For decades, TSR Injury Law has been a strong advocate for the injured in Minnesota. We have obtained millions on behalf of our clients, and we are prepared to help you.

Visit our client reviews page to see what some of our satisfied clients had to say about working with our firm on their claim.

No upfront fees. No legal obligations. Contact us: (612) TSR-TIME.