Auto Accidents

The U.S. Department of Transportation released an action plan to improve motorcoach safety across the board nationwide on Monday, November 16. That was not in time to help the occupants of the Strain Bus Lines Motorcoach.

The Strain Bus Lines Motorcoach was involved in a crash and rollover on I-90 near Austin, Minnesota on November 18th. Capt. Matt Langer of the Minnesota State Patrol reported that it was a “tragic accident because everyone on the bus was either injured or killed.” In addition, Capt. Langer reported that commercial vehicle inspectors and reconstruction specialists would be on the scene examining the evidence of the crash. The cause of the accident will probably take weeks to determine. According to some news sources, there is the possibility that the driver of the bus, Ed Erickson, may have suffered a ruptured aneurysm in his chest and lost consciousness before the crash.

The FMCSA Action Plan

The Federal Motor Carrier Safety Administration (FMCSA) is the bus and truck safety Agency for interstate travel and is part of the Department of Transportation. Their new action plan encompasses addressing the major issues in transportation safety:

• Driver fatigue
  • Requiring electronic on-board recording devices on all motorcoaches to better monitor drivers’ duty hours
• Driver inattention
  • Prohibit texting
  • Limit the use of cellular telephones
• Vehicle rollover
  • Establishment of performance requirements for enhanced roof strength, fire safety, and emergency egress
  • Electronic stability control to prevent rollovers
• Occupant ejections
  • Requiring the installation of seat belts
• Unsafe carriers
  • Enhanced oversight of unsafe carriers

Motorcoach travel is comparatively safe in the United States. Approximately 750 million passengers ride annually with an average of 19 occupant fatalities in crashes, according to data collected by National Highway Traffic Safety Administration. “We are committed to making sure that bus travelers reach their destinations safely,” said Transportation Secretary Ray LaHood. “These improvements will not only help reduce the number of motorcoach crashes, it will also help save lives and reduce injuries.”

Lawunmi Olabisi-Barbington was a woman of few words, but she had a lot to celebrate, as she was working toward her law degree and her family was thriving. Her son was a very popular boy in his Anoka High School class.

In a split second, the dreams of the family were shattered because their van was struck in north Minneapolis on Interstate 94 by a vehicle that had already been involved in a collision. The van would roll several times before it would come to a stop and the end result would be three family members dead. Olabisi-Barbington, her son, and Modupe Olabisi were all killed in the fatal crash. Seun Eperutolu-Barbington was 16 and Modupe Olabisi was 80.

Now there is a community in Coon Rapids mourning this family, as well as a church in south Minneapolis rallying around a mourning family.

At Anoka High School, Seun was a football player and ran track. Because he was so popular with the other students, many of them are mourning and sharing stories about a boy who touched their lives. Everyone knew him and said he was the type of kid who would give the jacket off of his back if a student didn’t have one. He was the type of person others wanted to be around.

A sophomore at the high school, Seun dreamed of going to college and had just visited Minnesota State University in Mankato, although he was still over two years from finishing high school. His mother had stressed to him how important school was. His mother held a master’s degree in sociology from the University of Minnesota and was looking at law schools before she died.

This was a family that loved the Twin Cities.

It was the University of Minnesota that brought the family from Nigeria to the United States. Another sister, an Arizona resident, had attended the university 35 years ago. When her siblings visited her, they fell in love with the area and would make the move ten years after that. Only one brother lives in Nigeria.

The driver of the van, John Barbington, 52, is in serious condition that took his wife, son, and mother-in-law. He is known in their neighborhood as a “caregiver.” He takes care of other adults for a Brooklyn Park home health agency. His mother-in-law was a nurse practitioner in Nigeria, but never got a license in the United States.

It was Olabisis, a woman of very few words, who made a very big impact in lives without speaking many words. Approximately 19 years ago, she was involved in another I-94 accident in Minneapolis. Her car was struck by a drunk driver and she lost use of one arm. However, she learned to live without it.

Other members of the family who survived the crash but were in the hospital include Fisayo Barbington, 15; Faith Barbington, 12; Tobi Barbington, 5; and Oluremi Ogundare, 61.

A bizarre workplace injury landed a mechanic in the hospital.

While the worker was checking the tires on a camper at Amstar in Orono, one of the tires suddenly exploded. This explosion happened as a result of the camper owner and another mechanic using an air hose.

Another mechanic, Brady Lobitz, was inside the station working on another vehicle when he suddenly heard a loud noise that shook the whole shop. He said it sounded like a bomb and, when he went outside, he found two men flat on the ground. Fortunately, both men were conscious.

The camper owner, Jim Cleary, said that the blast blew them back and the men were on the ground wondering if they were completely intact because of the concussion of the blow.

As for how the accident occurred, the camper has rear dual tires and Cleary was attempting to air up one of the inside tires when everything went wrong. He said he was filling it when it suddenly exploded. He said his hand was near the tire and that the blast blew the men back about four feet.

The mechanic who was helping Cleary air up the tire was taken to the hospital because metal shavings from the tire hit him in the face. He also lost his hearing, which a doctor said he would regain in approximately a week.

Upon evaluation, it was found that the tire was very old and worn out. Cleary had not changed the tire in seven years. The force of the air pump and the age of the tire caused it to not be able to handle the volume of air. Experts have said that tires of that age should be replaced rather than be filled with air because they are weak and can be very dangerous, whether an explosion occurs during pumping or when driving on the road.

A commercial waste management truck rolled over Harris Nyumah, a 5-year-old who came from Liberia 3 years ago, and killed him instantly. The garbage truck accident occurred at about 11 a.m., on Thursday morning, near the intersection of 51st Ave. N and Ewing Ave. N.

Harris had been playing outside. He darted after his ball as it rolled into the street. The garbage truck was backing up and the driver could not see the boy.

The boy died at the scene and his body was taken to the Hennepin County Medical Examiner’s office. The garbage truck accident is still under investigation. The driver of the garbage truck is cooperating fully with the investigation and is said to be devastated. “At this point, I don’t anticipate any charges, but things could always change,” Commander Mike Reynolds said.

At TSR Injury Law, our truck accident lawyers in Minneapolis are compassionate, aggressive personal injury lawyers with years of experience. Our attorneys are consistently named Super Lawyers and Top Lawyers by their peers. Call for a free consultation, (612) TSR-TIME or submit our contact form.

The Minnesota Good Faith Law was signed into law April 18, 2008 and went into effect August 1, 2008. It applies to claims against your own insurance company — setting the standard of conduct for insurance companies when settling no fault (NF), underinsured (UIM), and uninsured (UM) policy claims. It requires that insurers have a credible basis for denying a claim by its insured — that they act in good faith toward the insured.

If you have been in a car accident, it is beneficial to have legal representation even for the no fault claim in order to ensure that the insurance company acts in good faith so that you receive fair compensation for damages. TSR Injury Law has years of experience combating insurance company injustices. Our Minneapolis personal injury attorneys have recovered millions for our clients. Call (612) TSR-TIME or submit our free consultation form.

Good Faith Law: Minnesota Statute 604.18

This good faith law is being hailed one of the most significant pro-consumer insurance legislation passed in Minnesota in many years. The basics of the law are:

• The court may award damages and costs to an insured if the following can be proven against the insurer:
  • the absence of a reasonable basis for denying the benefits of the insurance policy; and
  • that the insurer knew of the lack of a reasonable basis for denying the benefits of the insurance policy or acted in reckless disregard of the lack of a reasonable basis for denying the benefits of the insurance policy

The damages awarded would be an amount equal to one-half of the proceeds awarded that are in excess of an amount offered by the insurer at least ten days before the trial begins, or $250,000, whichever is less. The court may also award reasonable attorney fees actually incurred for filing a good faith claim.

An example of how the good faith law will work:

The insurance company offers $20,000 on a policy with $100,000 limit, but the jury awards $200,000. If it can be proven that the insurance company’s offer violated the good faith law, the plaintiff will receive the $100,000 policy limit PLUS $90,000 (half of the difference between what was offered and what the jury awarded) in damages. In addition, the insurance company would be required to pay the attorney fees for the subsequent claim.

Minnesota Good Faith Claim Lawyer

The Good Faith Law should make insurance companies more accountable for their actions toward the insured. If you have been in a car accident, truck accident, or motorcycle accident, and you feel like the insurance company has not offered a reasonable amount, contact us today at (612) TSR-TIME. Our lawyers have years of experience handling Minneapolis auto accident cases. We have a reputation for getting the job done with excellent results.

Call (612) TSR-TIME  – No Fees Until We Win.

There was a semi truck / car accident today near Albertville, Minnesota. A tanker truck rolled over into the median on Interstate 94 about 11 a.m. The driver of the truck was maneuvering the truck to avoid hitting a car making an illegal U-turn, when his truck rolled over, leaking fuel all over the highway.

State Patrol Lt. Matt Langer reported that I-94, in both directions, will be closed for hours and thousands of vehicles will be redirected while crews take care of the clean up. The fuel was removed from the tanker by 6 p.m.

Two people sustained minor injuries. The driver of the car may be cited for the illegal U-turn.

Legal Help For Accident Victims

Our Minneapolis truck accident lawyers have years of experience with excellent success. We have recovered millions for victims of truck accidents and car accidents. Steve Terry, Chuck Slane, and Rich Ruohonen are consistently named Super Lawyers by Minneapolis St. Paul Magazine and Minnesota Law & Politics. If you have been in an accident call someone with experience, someone who knows the law, and someone who gets results. Call (612) TSR-TIME or submit our free consultation form.

4-vehicle chain reaction crash in Lakeville, Minnesota killed two Monday. A semi truck and 2 cars were stopped in the northbound lanes on I-35, near Highway 70, when another semi approached and was unable to stop, slamming into the vehicles. The force of impact pushed the two cars into the lead semi truck, crushing them. The semi truck was carrying beehives with millions of bees.

A driver of one of the cars was pronounced dead at the scene. The other car driver was air-lifted to North Memorial Hospital where she died Monday evening. Recovery attempts were hampered by the swarm of bees at the scene.

According to the State Patrol report, 50-year-old Pamela Brinkhaus, Elko, died at the scene and 24-year-old Kari Rasmussen, St. Anthony, died as a result of her injuries, at North Memorial Hospital. It was reported on the news that Ms. Rasmussen was pregnant.

The driver of the semi involved was Jason Styrbicky, 36, Buffalo. The accident is still under investigation.

Many semi truck accidents occur due to driver negligence — inattentiveness, driving while texting, or excessive speed top the list. That makes the loss of a loved one in a semi truck accident even more heart-wrenching and tragic.

Semi truck accident lawsuits are complex and require a high degree of legal expertise to investigate and access every avenue of recovery. The Minneapolis injury attorneys at TSR Injury Law are skilled, aggressive litigators with years of experience. We care and want to fight for justice for you and your family. Call us today at (612) TSR-TIME or submit our free consultation form.

Snow and sleet moved across Minnesota and resulted in 296 auto crashes earlier in April. In fact, these crashes occurred in one day and before 4:00 p.m., according to the Minnesota State Patrol.

Of those crashes, 39 of them caused injuries. However, there were no fatal injuries reported. In addition to these accidents, 440 vehicles slid off the road and spun out, according to the state patrol.

Overall, there was a large amount of debris and the entire state had to deal with difficult travel. The State Emergency Operations Center was on a Level III alert, which is a partial activation.

In a two day period the Rochester area alone experienced 40 vehicles that slid off of the road, 24 crashes that caused property damage, and seven crashes that caused injuries. The Mankato area saw 43 vehicles go off of the road, 10 crashes causing property damage, and one crash causing injury.

These areas are just small examples of what was seen overall.

The hospitals had treated nearly a dozen individuals who were injured in crashes. United Hospital in St. Paul reported four crash injuries in which three had come in before 10:30 a.m.

Hennepin County Medical Center reported around a dozen accident victims, including back pain, slips and falls.

One man was hit on I-94 while he was changing a tire. The car that hit him had lost control while going eastbound and collided with him. The man was taken to the hospital and his injuries were deemed non-life threatening. However, both of his legs were broken. Another person who was outside their vehicle was hit in the westbound lane of I-94 due to a spinout. The injuries were minor.

A Metro Transit bus was also rear-ended after a car lost control, but there were no serious injuries. A Semi jackknifed on an icy ramp and a bus blocked traffic around Rice Street, resulting in passengers having to board another bus.

Overall, the traffic situation was a mess, but very fortunate that there were no fatal accidents. The lack of fatalities has much to do with the fact drivers were driving at low speeds on the slippery roads.

Knowing who to contact after a car crash can be a daunting experience. The team of Bloomington auto accident lawyers at TSR Injury Law can help to review the details of your incident and determine if you have grounds to pursue a damages claim. There are no upfront fees and we are ready to help you today.

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

Jean Matzke, 70, was walking her dog east on the sidewalk along 5th Street. As she went to cross Sibley Street, toward Mears Park, she was struck by a garbage truck turning left from 5th Street north onto Sibley. She was struck in the crosswalk at 5:53 a.m. Friday morning.

Jean Matzke was known and loved by a wide variety of people. Most recently, she has been known in the neighborhood as a dog walker and a dog lover. Two years ago she adopted an injured boxer. She formerly owned an art gallery in St. Cloud, was an instructor at St. Benedict’s, and was a top textile artist in Minnesota. She earned many accolades for her textiles.

A full investigation is under way and could take 4-6 weeks, according to police spokesman Sgt. Paul Schnell. The accident occurred 30 minutes after sunrise and that may have played a factor. Many times drivers, going east, are blinded by the sun. Officer Schnell said the driver was obviously distraught. The garbage truck driver was tested for drugs and alcohol, but showed no signs of impairment. He had a green light. It is unclear whether Ms. Matzke had the “walk” light.

In a crash involving a 60,000 pound garbage truck, no one comes out unscathed. A pedestrian accident with a garbage truck is the worst case scenario. The losses are staggering, impacting many people through the ripple effect:

• 2 lives changed — one lost, one bruised and frightened
• 2 families hurt and grieving
• 2 communities hurt and grieving

Victims Have Rights

If your family has been impacted by a garbage truck accident, seek legal consultation. You have options. A Minneapolis personal injury attorney at TSR Injury Law, can give advice, handle the paperwork, and file your claim. Our partners are skilled, aggressive, trial-tested litigators with years of experience with garbage truck accidents, car accidents, and motorcycle accidents. They are consistently named Super Lawyers by Minneapolis St. Paul Magazine and Law & Politics. Call (612) TSR-TIME or submit our online free consultation form.

Kellie Stein’s life changed drastically one day when she fell victim to a drunk driver. Now she says she just “lays there” and that she “just exists.”

On the other side is Kristin Kealy who is a single mother who had no criminal record and her driving record was clean. One night, she made the wrong decision and reached 90 miles per hour on a Coon Rapids road. Her drunkenness and her speed caused her to rear-end a Pontiac Firebird driven by Stein.

Now Stein is paralyzed from the neck down due to a severe spinal injury. In August, she had to leave the hospital to tell an Anoka County judge about the accident and how it changed her life forever.

Stein, 32, had to be rolled into the courtroom in a wheelchair by her boyfriend, who held the impact statement in front of her as she read it. She had dictated her statement to a hospital volunteer so she would be able to read it that day.

At first, her words were not audible as she spoke of the event. Kealy had been out drinking with friend at a Spring Lake Park Bar and at 1:30 a.m. was driving along Coon Rapids Boulevard at incredible speeds before crashing into Stein. A breath test showed that her BAC was .24, which was three times the .08 limit in Minnesota. At first, she told police she wasn’t driving.

As Stein continued to tell the judge about what occurred and the activities she can no longer perform on her own, her voice became stronger. She told him she cannot paint, garden, fish, or design landscapes. She does, however, plan on continuing her education, as she already has a bachelor’s degree in criminal justice and in psychology.

25-year-old Kealy received a one year jail sentence and said nothing to Stein during the court hearing. The judge sentenced her according to the sentencing guidelines, but he did tell Kealy that he would have sentenced her to spend more time in jail if he had more latitude to do so.

There was a hit and run car crash in Apple Valley. The Apple Valley Police responded to the call from the victim of the hit and run. When they tried to stop the suspect, he took off.

During the chase, the Lakeville Police took over the pursuit, which eventually ended in a crash with the squad car, a Lakeville K-9 unit, and the fleeing vehicle. The road surrounding the accident was closed for four hours.

The three-car crash happened near the intersection of Cedar Avenue and 210th St. SW in Lakeville, at about 5:30 p.m., on Saturday evening. One of the squad cars was demolished and 2 officers sustained minor injuries. The 26 year-old driver was apprehended and taken to Regions Hospital to be treated for non life-threatening injuries.

At TSR Injury Law, our Minneapolis auto accident attorneys are experts at establishing fault and proving liability in all types of car accidents, including hit and run accidents. We will handle all of the paperwork, interact with the insurance company, and file your claim. Call (612) TSR-TIME or submit our free consultation form.