Carlson & Jones, P.A.FindLaw IM Template2024-02-26T18:12:38Zhttps://www.carlsonandjones.com/feed/atom/WordPress/wp-content/uploads/sites/1302448/2021/12/cropped-site-icon-32x32.jpgOn Behalf of Carlson & Jones, P.A.https://www.carlsonandjones.com/?p=497082024-01-02T12:27:56Z2024-01-02T12:27:56ZDistraction causes thousands of traffic deaths annually
When looking at crash statistics, the threat of distracted driving is hard to ignore. The National Highway Traffic Safety Administration recorded 42,929 traffic deaths in 2021, and 3,522 of them were the result of distracted driving. That is an increase over 2020's 3,142 reported distraction-related deaths.
That breaks down to roughly 10 distracted driving deaths every day, the vast majority of which people could probably prevent. Overall, there were far fewer distraction-related deaths than fatalities caused by intoxication or speeding. The NHTSA reported 13,384 deaths related to drunk drivers and 12,330 in incidents involving excess speed.
Still, more than 8.2% of the traffic fatalities in 2021 involved distraction. Realistically, far more crashes likely involved distraction as a complicating factor. It can be quite difficult for investigators to conclusively prove distracted driving unless it involves mobile device use.
While distracted driving is not the single most pressing safety issue on the roads, it is a major contributor to traffic fatalities, as well as injuries and property damage. Those who notice signs of distraction in others may want to give those drivers as much space as possible.
If an injury victim believes that distraction contributed to a crash, then it is generally wise to share those suspicions with the police officers investigating. It is sometimes possible to hold distracted drivers accountable for causing collisions when people can prove that distraction was a causative factor.]]>On Behalf of Carlson & Jones, P.A.https://www.carlsonandjones.com/?p=497072023-12-05T14:00:20Z2023-12-05T14:00:20ZRecanted victim statements are very common
Minnesota police officers responding to domestic violence charges often have to make a snap judgment about the situation. They only view a tiny portion of what occurred, and they have to decide immediately if they need to take someone into state custody or take other steps for the protection of either party.
Oftentimes, what police officers witness when responding to a domestic violence call is significant enough to warrant the arrest of one of the parties involved. If prosecutors believe that witness statements, police officer experiences and medical records will be sufficient to obtain a conviction, they will potentially decide to pursue charges.
Given the often-complex relationships between those involved in domestic violence scenarios, the state often does not pursue a case where the victim's statement is the only or primary source of evidence. Therefore, the alleged victim recanting the statement that they made to police will not automatically prevent the conviction of the defendant.
The prosecutor usually has evidence that they feel is strong enough to secure a conviction even without the cooperation of the alleged victim. That being said, when the other party involved in a scenario helps reframe the situation and testifies on behalf of the defendant, that may increase someone's chances of avoiding conviction.
There are a variety of other defense options available. Someone might work with mental health professionals to help explore a claim that their behavior constituted reactive abuse rather than true domestic violence. A review of the state's evidence with the assistance of a skilled criminal defense attorney can help someone accused of domestic violence develop the right defense strategy for their circumstances. Focusing on more authoritative evidence rather than on claims by an alleged victim may lead to a more successful defense strategy when responding to domestic violence charges in Minnesota.
]]>On Behalf of Carlson & Jones, P.A.https://www.carlsonandjones.com/?p=497052023-10-23T15:00:51Z2023-10-23T15:00:51ZReinflate or replace tires
Cold pavement will inevitably affect air pressure in tires. Tires that have low pressure may have a harder time maintaining traction. Vehicles could therefore skid or slide more easily when their tire pressure is low. Regularly checking tire pressure during the winter months is important. Some people even invest in tires that are better able to handle driving in the snow.
Make sure that the windows allow proper visibility
There are several maintenance and repair steps that can improve visibility during winter weather. Buying new wiper blades can help ensure the efficient removal of snow and sleet as it accumulates on the windshield. People may also want to take their vehicle to a mechanic for an inspection of their heating system. If the blowers cannot quickly and effectively defrost and defog the windows, drivers may have trouble monitoring their surroundings, which could potentially cause a preventable crash.
Make sure the vehicle has the right weather-related supplies
Every vehicle in Minnesota should have a snow scraper at the very least. Drivers may also want to invest in spare tires and ensure the tools they need to remove and replace a tire are easily accessible. For emergency situations, warm blankets or even a spare pair of boots in the trunk could make all the difference for someone waiting for help if they go off the road or get into a crash.
Ideally, drivers will engage in proactive vehicle maintenance and adjust their driving habits based on their increased crash risk during the winter months. Preparing for factors that can increase the possibility of a collision can ultimately help people avoid a wreck or better manage the aftermath should one occur.]]>On Behalf of Carlson & Jones, P.A.https://www.carlsonandjones.com/?p=497042023-09-27T06:32:12Z2023-09-27T06:32:12ZThere are many viable defense strategies
No two criminal cases are the same, and therefore there is no one defense strategy that works for everyone accused of a certain type of offense. However, there are certain strategies that are more common than others for those facing DWI charges.
Some lawyers can help raise questions about whether a traffic stop was actually legal or not. If police officers violated the law or someone's civil rights when pulling them over or conducting searches, then the courts may need to set aside certain evidence or possibly dismiss the charges that someone faces. Other times, when the evidence is admissible in criminal court, lawyers might raise questions about how accurate the evidence is. Issues with breathalyzer tests or non-standard field sobriety tests could play a major role in someone's defense strategy.
Small mistakes on the part of law enforcement can sometimes provide the ground that someone needs to avoid a criminal conviction. Gaps in records or mistakes in breath test maintenance could pave the way for questions about the accuracy of test results.
Instead of automatically pleading guilty when accused of a DWI offense, many people might benefit from reviewing the situation carefully with the assistance of an attorney. Recognizing that a defense is possible could help someone who maintains their innocence to avoid a criminal conviction that could otherwise haunt them for life.]]>On Behalf of Carlson & Jones, P.A.https://www.carlsonandjones.com/?p=497032023-08-31T14:27:29Z2023-08-31T14:27:29Zdrug banned by state law, they can arrest that individual and seize the contraband that they find.
Possession charges can range from simple first-time offenses to life-altering allegations of possession with the intent to sell those drugs to others depending on the weight of the drugs found, their classification under the law and numerous other factors, such as someone's prior criminal record. Broadly speaking, there are two different, very distinct types of possession that can lead to charges. The state can prosecute someone for either actual possession or constructive possession.
What is the difference between the two?
Actual possession is straightforward. For the state to accuse someone of actual possession of drugs, police officers will need to find those substances in someone's immediate physical control. That will usually mean the drugs are in their pocket or in a bag that they carry. Items directly on someone's person at the time of their arrest will potentially lead to charges of actual possession.
Constructive possession is the legal term for a situation in which officers find drugs near a person but not on their actual body. For example, if police officers find a baggie of prescription pain pills in the backseat of a vehicle, they might charge the driver with possession using claims of constructive possession. The assertion by the prosecutor will be that the driver must have known about the presence of those drugs and had control over them.
Those accused of constructive possession, in particular, can sometimes use the details of the situation as a basis for their defense. A lack of fingerprints, the placement of the contraband and many other seemingly minor elements can raise viable questions about whether the defendant knew about and had control over the drugs in a case involving claims of constructive possession.
People sometimes have unrealistic ideas about how to defend against drug charges because they do not understand Minnesota law. Learning about the crucial differences between constructive possession and actual possession may help those facing drug charges plan a more effective defense strategy with the assistance of a skilled attorney.]]>On Behalf of Carlson & Jones, P.A.https://www.carlsonandjones.com/?p=496872023-06-24T15:46:53Z2023-06-24T15:46:53ZInsurance isn't enough after catastrophic injuries
Minnesota actually requires more robust insurance coverage than many other states. In addition to basic liability coverage, motorists also need to carry uninsured and underinsured driver coverage. However, the minimum amounts of coverage are still relatively low, and not every driver will choose to invest in liability coverage that reflects the average cost of trauma care after a wreck.
Someone who hits a motorcycle due to distraction or intoxication might have as little as $30,000 worth of bodily injury liability coverage. In a situation where both the driver and the rider carry only what the state requires, the motorcycle rider may not have enough insurance coverage to pay their hospital bills. There will also be lost wages to consider, which can add up to quite a bit.
Even if the motorcyclist uses their underinsured motorist coverage and receives the maximum payout possible from the driver's policy, their total costs could easily be more than $100,000 and therefore well beyond what basic policy coverage will provide. Unless the motorcycle rider goes to court, they may end up absorbing those costs themselves.
A lawsuit is not subject to policy limits, and therefore motorcycle riders who suffer catastrophic injuries and those who lose loved ones may be in a position to more fully recover their financial losses by pursuing this opportunity. Understanding the limitations of Minnesota insurance may help people understand why a personal injury or wrongful death lawsuit could become necessary after a motorcycle crash.]]>On Behalf of Carlson & Jones, P.A.https://www.carlsonandjones.com/?p=496782023-06-23T10:00:54Z2023-06-21T12:34:30ZSmaller vehicles get too close to commercial trucks
There are big blind spots around the trailers of semi-trucks that can contribute to crash risk. Some commercial vehicles have large mirrors on the sides of the cab intended to help the drivers see more of their surroundings. Despite those extra mirrors, commercial drivers will still struggle to see vehicles driving directly to the sides of the trailer or immediately behind the commercial truck. In fact, those large blind spots actually extend for two lanes to the right of the trailer. When a commercial driver can't see people near them in traffic, they might make unsafe decisions that result in a wreck.
Motorists may also fail to give a commercial truck sufficient space when merging in front of the bigger vehicle. A semi-truck takes longer to slow and stop, so drivers generally need to leave twice as much space as they usually would between their vehicle and a semi-truck when merging in front of one. Those approaching intersections where there is a commercial truck stopped or about to turn may also need to be more cautious about their approach to give more space for a wide turn.
Avoiding mistakes that increase someone's crash risk can both improve someone's safety and strengthen their right to a personal injury lawsuit or insurance claim in the event that a crash occurs.]]>On Behalf of Carlson & Jones, P.A.https://www.carlsonandjones.com/?p=496462023-06-22T07:47:52Z2023-05-18T13:57:20ZInattentional blindness
One of the biggest safety concerns for motorcyclists is a unique phenomenon that typically only applies to pedestrians and those using smaller vehicles, including motorcycles and bicycles. Drivers have to process so much information about their surroundings when driving that they might fail to mentally recognize the presence of a motorcycle near them in traffic. Psychologists refer to this as inattentional blindness, and it is a reading cause of motorcycle collisions where the larger vehicle is at fault.
Distraction
Distraction is a major threat, as an increasing number of Americans every year struggle to regulate their use of mobile devices. Even drivers who don't intend to physically handle their phones can end up mentally distracted when their devices alert them to incoming text messages. Distraction on its own is a risk, and it also exacerbates the inattentional blindness that affects motorist safety.
Alcohol and other intoxicants
Motorists who are under the influence of mind-altering substances have a harder time making safe choices at the wheel. Alcohol, prohibited drugs and even prescription medication can affect people's decision-making ability and reaction times. Intoxicated motorists often cause completely preventable collisions because they fail to react appropriately when road circumstances change. They play a role in many collisions that injure and kill those on motorcycles.
Motorcycle riders cannot prevent other people in traffic from making unsafe decisions, but they can keep an eye out for signs of intoxication and distraction in other drivers. They can also prioritize their own visibility and compliance with traffic rules. Understanding what the top causes of motorcycle collisions actually are could help people avoid them. Seeking legal guidance can help those who are hurt in such crashes successfully pursue rightful compensation as well.]]>On Behalf of Carlson & Jones, P.A.https://www.carlsonandjones.com/?p=496452023-06-22T07:25:06Z2023-04-23T17:48:26Zmotorcyclist who’s involved in a crash is five times as likely to suffer an injury and 26 times more likely to die in a crash than a person who’s traveling in a passenger vehicle. There are several things that everyone should know about motorcycle safety so they can do their part in keeping motorcyclists safe.
Grass clippings can cause crashes
Anyone who’s doing yardwork needs to ensure they don’t blow their grass clippings into the road. These clippings have an 85% water content, which makes them very slick beneath motorcycle tires. The effect is similar to driving on ice for a motorcyclist. While they might be tempted to try to swerve away from the clippings, this could put them in danger of being struck by a vehicle.
Intersections are particularly dangerous
Intersections are very dangerous for motorcyclists. Around 70% of crashes involving motorcycles and other vehicles occur in intersection settings. One issue that occurs here is that obstacles obscure the vision of other drivers, so they may not see the small profile of the motorcycle.
Helmets provide significant protection
Helmets offer valuable protection for motorcyclists. This includes reducing the risk of a serious brain injury occurring if the motorcyclist is involved in a crash. The design also provides some protection for the cervical spine. It’s crucial that the helmet is properly fitted and approved by the Department of Transportation so a motorcyclist can have optimal protection.
Motorcycle crashes that are the result of another person’s negligence can lead to grounds upon which a claim for compensation can be made successfully. Minnesota law limits how much time you have to get the claim filed, so you can’t waste time. Acting quickly can help you to preserve evidence so you have the best chance at getting the compensation you deserve if you’ve recently been affected by a wreck.]]>On Behalf of Carlson & Jones, P.A.https://www.carlsonandjones.com/?p=496442023-06-23T10:02:01Z2023-04-11T13:20:29ZMany vehicle collisions aren’t completely one driver’s fault. Even when only two cars are involved, the driver who’s predominantly to blame (or more likely, their insurance company) may try to make the case that the other one bears some responsibility.
Determining the percentage of each driver’s responsibility can be crucial to just how much compensation the at-fault driver is responsible for. When two vehicles are involved in a crash, one driver is generally more at fault than the other.
What is the 51% rule?
Every state has different laws around negligence and compensation for vehicle crashes. Minnesota recognizes a “modified comparative negligence” rule that’s also known as the “51% rule.” That means that as long as one driver bears more than half the responsibility for a crash, they can’t collect any compensation for expenses and damages.As the driver who’s less at fault, however, your degree of fault (if any) still matters to your compensation. For example, if you’re determined to be 20% at fault because you were going slightly over the speed limit when the other driver ran a red light and hit you, the total compensation to which you’d be entitled if you bore zero fault would be reduced by 20%.
Obtaining evidence can be crucial to your compensation
Since insurance companies don’t want to part with any more money than they have to, you can count on the at-fault driver’s insurer to look for anything you did wrong. This is why it’s crucial to obtain as much evidence as possible after a crash to prove the at-fault driver’s negligence. If police are called to the scene, their report can help, since they’ll talk to any witnesses. If you weren’t in any condition after the crash to take photos yourself, you may be able to obtain video from street cams, surveillance video from nearby businesses or even video from residents’ doorbell cameras in the area. You can’t do this alone. The best way to get all of the available evidence and to get the compensation to which you’re entitled is to seek legal guidance as soon as possible. ]]>