How Do Hutchinson, MN Lawyers Resolve Truck Crash Claims?

An 80,000-pound vehicle, which is the maximum semi-truck weight, traveling at 60mph brings an immeasurable amount of force to bear in a crash. So, it’s little wonder that truck accidents often cause spine injuries and other catastrophic wounds. The medical bills alone in these cases often exceed $4 million.

Frequently, health insurance companies refuse to pay these costs. Insurance adjusters know that truck accident victims are experiencing financial distress, so they often relentlessly pressure these victims to settle their cases. The offer might be tempting, but victims simply have no way of knowing if the offer is fair or not.

So, a Hutchinson, MN lawyer works diligently to resolve these cases and make sure the victim’s medical bills get paid. Attorneys also address vehicle replacement and other concerns. Every case is different, but they all follow the same general outline.

Evidence Collection

Successful negligence claims usually begin with evidence collection. The victim/plaintiff must establish liability by a preponderance of the evidence (more likely than not). To expedite this process, many Hutchinson, MN lawyers partner with private investigators and other professionals.

Some evidence, such as the police accident report and medical bills, is rather easy to obtain. Generally, attorneys can secure this evidence after just a few phone calls. Then, the accident evaluation process can begin.

Other evidence is much more difficult to obtain. That’s especially true of critical electronic evidence, like the Event Data Recorder. These durable, high-tech gadgets usually survive even the most catastrophic truck wrecks. EDRs measure and record information like:

  • Steering angle,
  • Engine RPM,
  • Brake application, and
  • Vehicle speed.

To obtain this evidence, Hutchinson, MN lawyers must overcome a number of legal and technical hurdles. Minnesota has very strict vehicle information privacy laws. So, attorneys usually need court order to use EDR information in court. Additionally, these devices are extremely sophisticated. A Hutchinson, MN lawyer needs a lot more than a screwdriver and a laptop to access and download EDR data.

Hutchinson, MN Lawyers and Legal Issues

The evidence in a truck crash claim is like the colored squares of an unsolved Rubik’s cube. Until an attorney twists the cube the right way and puts the colors together, they are just a jumbled mess.

Usually, truck crash twists involve ordinary negligence or negligence per se. Ordinary negligence is a lack of care, and negligence per se is the violation of a safety statute. Distracted driving is a good example of the difference between these two doctrines. Minnesota law prohibits any use of a hand-held device. But other distracted driving behaviors, such as using a hands-free phone while driving, are just as dangerous. So, a distracted driving claim could involve either of these theories. Insurance company defenses, like comparative fault, also come into play here.

A few other truck crash claims involve dangerous products, like defective tires. Generally, manufacturers are liable for defective product injuries as a matter of law. Negligence, or lack thereof, is largely irrelevant.

Endgame

Almost all negligence cases settle out of court. These settlements reduce litigation costs, bring about closure, and give the parties more control over the outcome.

After the evidence collection and legal evaluation processes are complete, Hutchinson, MN lawyers usually open settlement negotiations with the insurance company. First, attorneys usually send demand letters. These letters demand a sum of money in exchange for a liability waiver. To calculate noneconomic losses, most attorneys multiply the economic losses by two, three, or four, depending on the facts of the case.

If liability is clear, insurance companies have a legal duty to settle the claim straightaway. However, mostly because of the aforementioned insurance company defenses, liability is usually not crystal-clear. So, to put additional pressure on the insurance company to settle the case, most Hutchinson, MN lawyers file legal paperwork in court.

Generally, insurance company lawyers file procedural motions asking the judge to throw the case out of court. However, if a Hutchinson, MN lawyer was diligent during the evidence collection and legal evaluation process, these motions hardly ever succeed.

If the parties are unable to resolve the case on their own, most McLeod County judges appoint mediators. These individuals meet with both sides and try to facilitate a settlement. Assuming both parties negotiate in good faith, which means they are willing to make compromises to reach an agreement, mediation is usually successful.

Connect with a Hard-Hitting Attorney

Truck crash claims usually settle out of court and on victim-friendly terms. For a free consultation with an experienced Hutchinson, MN lawyer, contact Carlson & Jones, P.A. The sooner you call us, the sooner we start working for you.

How Does a Personal Injury Lawyer in Brainerd, MN Resolve Motorcycle Crash Claims?

When vehicles collide, multiple restraint layers protect vehicle occupants from injury. Yet these crashes still kill or seriously injure millions of people every year, largely due to the excessive force in these crashes. Riders have none of these protections, So, it’s not surprising that motorcycle rider fatalities are 300 percent higher than vehicle occupant fatalities.

Due to the seriousness of motorcycle crashes, the injuries they cause, and the pain and suffering these injuries cause, usually mean that substantial damages are available. Insurance companies care only about their own profits. So, their lawyers often fight these claims tooth and nail.

A Brainerd, MN personal injury lawyer, on the other hand, is committed to you. A lawyer’s commitment might be the only way to obtain fair compensation for your injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. All these claims are different, but the procedure is largely the same.

Evidence Collection

Usually, this process begins with a police accident report. Because of privacy laws and other red tape, it might take private citizens weeks to obtain the report. But in most cases, a Brainerd, MN personal injury lawyer only needs to make a phone call.

Sometimes, the evidence collection process ends here as well, at least for the most part. The report’s narrative helps a Brainerd, MN personal injury lawyer evaluate the case. The police accident report also contains information like the name and contact information for crash witnesses, if any.  Medical records, which are also easy for an attorney to obtain, often fill in the gaps.

In other cases, however, the police accident report is insufficient, especially in motorcycle crash claims. The narrative is a good example. Frequently, the victim was seriously injured or killed. Therefore, the narrative only contains one side of the story.

Typically, the tortfeasor (negligent driver) insists that the rider “came out of nowhere” and the collision was inevitable. This line sometimes has legal significance, as outlined below.

Additional evidence in a motorcycle crash claim includes the tortfeasor’s Event Data Recorder. Since these gadgets store things like vehicle speed and steering angle, EDR information often paints a much clearer picture of what happened.

Brainerd, MN Personal Injury Lawyers and the Types of Negligence

Evidence is like the random dots in one of those connect-the-dots pictures from kindergarten. By itself, evidence means nothing. So, a Brainerd, MN personal injury lawyer must connect the dots for the jury.

Ordinary negligence is one of the most common theories in motorcycle crash claims. Most drivers have a duty of reasonable care. They must drive defensively and avoid accidents when possible. Thay duty includes looking out not only for other cars, but for motorcycles as well.

To Brainerd, MN, personal injury lawyers, this type of negligence is operational negligence. Other times, negligence claims take root before drivers get behind the wheel. Perhaps they are intoxicated or sleepy. Behavioral negligence causes a great number of crashes. Intoxicated or fatigued drivers are not at their best, mentally or physically.

The final type of negligence, environmental negligence, is especially common in Minnesota. Sometimes, driving conditions are very bad, to say the least. Divers have a duty to at least slow down and be more careful during these times. But many drivers ignore this responsibility.

Negligence per se is sometimes available as well. Tortfeasors who violate safety laws, like making an illegal lane change, are liable for damages as a matter of law if they cause crashes. However, emergency responders often do not issue citations in motorcycle wreck claims. They are too busy tending to injured victims and securing the scene to bother with a traffic ticket.

Endgame

Only about 3 percent of negligence cases go to trial. Almost all the rest settle out of court, and in many cases, this settlement happens rather early in the process.

If liability is clear, insurance companies have a duty to settle claims quickly, Frequently, such settlement occurs after a Brainerd, MN personal injury lawyer sends a demand letter to the insurance company.

Unfortunately, there is almost always at least some question as to liability. The “s/he came out of nowhere” line often involves a legal doctrine called comparative fault. This loophole shifts blame for the accident from the negligent driver to the victim. In this context, insurance company lawyers often argue that the rider was operating recklessly before the crash, and therefore the other driver could not avoid the crash.

So, many motorcycle crash claims settle during mediation. An unaffiliated Brainerd, MN personal injury lawyer meets with both sides and tries to facilitate a settlement. Assuming both parties negotiate in good faith, mediation is usually successful.

Contact a Hard-Hitting Attorney

Motorcycle crash claims are often complex. For a free consultation with an experienced Brainerd, MN personal injury lawyer, contact Carlson & Jones, P.A. You have a limited amount of time to act.

A Buffalo, MN Auto Accident Lawyer Looks at Some Common Traffic Tickets

Frequently, emergency responders issue traffic tickets at accident scenes to help insurance companies determine fault. But in many cases, these citations affect liability for damages as well. In fact, because of the negligence per se doctrine, they may conclusively determine liability.

The negligence per se doctrine applies if the tortfeasor (negligent driver) violated a safety law and that violation substantially caused injury. This doctrine saves time during the evidence collection process. As a result, it’s easier for Buffalo, MN auto accident lawyers to obtain fair compensation for accident victims.

Speeding

Excessive velocity is a factor in about a third of the fatal car crashes in Minnesota. That’s because speed affects the risk of a collision and the force in a collision.

Speed multiples stopping distance. At 30mph, most cars travel about six car lengths between the moment a driver sees a hazard and the moment the car safely stops. At 60mph, stopping distance multiplies to about eighteen car lengths. Other factors, such as vehicle weight and environmental conditions, often increase stopping distance.

Velocity also multiplies the force in a collision between two objects. In this context, speed transforms property damage fender-bender crashes into serious injury or fatal collisions.

In Minnesota, the posted speed limits are presumptively reasonable speeds. So, officers could issue speeding tickets even if the driver was not exceeding the posted limit, if the officer felt the driver was going too fast for the conditions. But officers rarely hand out such tickets. So, in these cases, Buffalo, MN auto accident lawyers normally rely on the ordinary negligence doctrine. Essentially, negligence is a lack of reasonable care.

Failure to Signal/Illegal Lane Change

These citations are especially common in serious motorcycle crash claims. Today’s cars are so solid that sideswipe collisions don’t often cause serious collisions, unless victims lose control of their vehicles. But motorcycle riders have no seatbelts, airbags, steel cocoons, or other things to protect them in these cases. They are completely exposed to danger.

Visibility is also a factor in these situations. Frequently, tortfeasors simply do not see motorcycle riders. But that’s no excuse for negligence, and certainly no defense to a negligence per se claim.

Crossing the Median

These citations illustrate the difference between fault at the scene and liability for damages. If a driver is ticketed for crossing the median, that driver is almost always faulted for the crash. But legal responsibility might be different, because of the last clear chance rule.

All drivers have a duty of reasonable care, regardless of what another driver does. This duty includes a responsibility to avoid accidents when possible. So, if Driver A saw Driver B cross the center line and Driver A did nothing to stop the wreck, Driver A might be legally responsible for the crash.

There’s a big difference between the last clear chance and any possible chance. Frequently, collisions happen so fast that there is no way to avoid them. Also, if the tortfeasor was driving erratically at the time, it’s very difficult to get out of the way.

Buffalo, MN Auto Accident Lawyers and Failure to Yield to Pedestrians

Much like motorcyclists, pedestrians have no protection from onrushing cars. The moment they step into the street, they are completely exposed to danger.

Minnesota law is a bit vague when it comes to pedestrian right-of-way. If the pedestrian was in the crosswalk and crossing with the light, the pedestrian clearly had the right-of-way. Other situations, like crossing against the light in the crosswalk, are more uncertain.

In terms of legal liability, the last clear chance rule applies in pedestrian cases. If a driver sees a pedestrian in the road, the driver has a duty to avoid a crash, even if the driver has the right-of-way.

Sudden emergency, a related doctrine, sometimes comes up in pedestrian crashes as well. Frequently, insurance company lawyers argue that a pedestrian victim “darted out into traffic.” This argument sets up the sudden emergency defense. This doctrine excuses negligent conduct if the driver reasonably reacted to a sudden emergency.

But a jaywalking pedestrian is usually not a “sudden emergency.” This label only applies to lightning strikes, tire blowouts, and other completely unexpected situations.

School Bus Stop Arm Violations

These citations are often perfect storm citations. Drivers who ignore school bus stop arms are frequently speeding. Children disembarking from school busses are vulnerable, and since they often cross in front of the stopped bus, they are hard to see.

Reach Out to a Diligent Attorney

Traffic violations make it easier to obtain compensation in car wreck claims. For a free consultation with an experienced Buffalo, MN auto accident lawyer, contact Carlson & Jones, P.A. We routinely handle matters in Wright County and nearby jurisdictions.

How Do Hutchinson, MN Criminal Lawyers Attack the Evidence in Drugged Driving Cases?

Nationwide, drugged drivers cause more fatal crashes than drunk drivers. As a result, law enforcement officers in McLeod County are extremely aggressive in this area. Part of this crackdown includes a new kind of expert witness, as outlined below. And, as technology continues to advance, police officers might have even more anti-drugged driving tools by the end of 2020.

Legally, the Gopher State has one of the broadest drugged driving laws in the country. Under Minnesota law, it is illegal to drive “under the influence of. . .an intoxicating substance (when the person knows, or has reason to know, that the substance has the capacity to cause impairment).” It’s also illegal for drivers to have even trace amounts of most Schedule I (street drugs like heroin and cocaine) or Schedule II drugs (prescription pills like Adderall and Vicodin) in their systems.

Pragmatically, these cases are difficult to prove in court. Generally, prosecutors must rely on circumstantial evidence to establish guilt beyond a reasonable doubt. So, if a Hutchinson, MN criminal lawyer aggressively attacks the evidence, it might be possible to get the charges thrown out of court.

Field Sobriety Tests

The bulk of circumstantial evidence in a DWI case usually comes from the subjective FSTs. Sometimes, officers ask suspects to perform unapproved tests, like balancing with their eyes closed or reciting part of the ABCs. These tests have no scientific basis. The three approved FSTs, however, have at least some scientific basis. They are:

  • Horizontal Gaze Nystagmus: During the DWI eye test, officers look for involuntary pupil movements as suspects track moving objects with their eyes. Nystagmus, or lazy eye, is a fairly common condition. So, many people cannot pass this test whether they are drunk or sober.
  • One-Leg Stand: Somewhat similarly, it’s almost impossible for people with any mobility impairment whatsoever to balance on one leg for more than a few seconds. Officers deduct points for the slightest swaying, as well as for technicalities like holding up the wrong leg.
  • Walk and Turn: The heel-to-toe walk test might be the signature DWI field test. This test is almost impossible to successfully complete unless the defendant is wearing athletic shoes. It’s also very difficult to walk an imaginary line heel to toe, as opposed to an actual line.

This evidence is often unavailable. Defendants have a Fifth Amendment right to refuse the FSTs. And, the refusal cannot be used against them in court.

Hutchinson, MN Criminal Lawyers and Drug Recognition Experts

The sudden uptick in drugged driving cases has created a cottage industry in many police departments. When they stop motorists for suspicion of drugged driving, officers often summon DREs to the scene. There, they observe the FSTs and look for other physical evidence of drug use. Subsequently, they offer their “expert” opinions in court.

There are basically two ways a Hutchinson, MN criminal lawyer can undermine DRE testimony. First, these individuals often have suspect qualifications. They usually learned everything they know about drugged driving at police-sponsored seminars. Furthermore, DREs earn their wings by identifying drugged drivers, not by discerning drugged drivers from sober drivers.

Additionally, and on a related note, a DRE’s job is to confirm drugged driving, not to confirm or deny drugged driving. So, summoning a DRE to the scene is like initiating a self-fulfilling prophecy.

Chemical Tests

Marijuana Breathalyzers are not on the street yet, but that could change by the end of 2020. Several firms, including a California company, have developed prototypes. These gadgets measure THC particles in the breath, just like alcohol Breathalyzers count ethanol particles.

In this area, the law has not caught up with science. Most researchers agree that .08 is a reasonable BAC limit for non-commercial drivers. But there is no such consensus with regard to THC. Minnesota law states that five nanograms per milliliter of THC seriously impairs drivers. But that figure is completely arbitrary. So, before marijuana Breathalyzers appear, Hutchinson, MN criminal lawyers will advocate for clients at the statehouse to change the law, before these cases reach the courthouse.

Rely on Dedicated Attorneys

Drugged driving cases often have shaky evidentiary foundations. For a free consultation with an experienced Hutchinson, MN criminal lawyer, contact Carlson & Jones, P.A. Convenient payment plans are available.

Drug Possession Charges and Brainerd, MN Drug Crime Lawyers

In the 1980s, possession cases accounted for about 5 percent of all drug arrests. Since then, that proportion has grown to over 80 percent. Police officers are more aggressive when it comes to possession cases, but many Crow Wing County jurors are more forgiving. Increasingly, people view drugs as a health and safety issues as opposed to a criminal law issue. That’s especially true with regard to semi-legal drugs, like marijuana and prescription painkillers.

Partially because of this attitude, it’s easier for Brainerd, MN drug crime lawyers to successfully resolve these cases, particularly if the defendant has little or no criminal record. Additionally, as outlined below, drug possession charges are difficult to prove in court.

Produce the Substance

According to an obscure legal principle called the best evidence rule, a police officer’s testimony that a defendant had drugs is usually not good enough, unless there is corroborating physical evidence. And, just because officers seize contraband, that doesn’t mean the substance is admissible.

Normally, physical evidence is inadmissible unless officers have search warrants. Since officers rarely bother with search warrants in possession cases, they must rely on a search warrant exception. Some common ones in these cases include:

  • Consent: Officers cannot look in backpacks, glove compartments, or other containers without the owner’s permission. Typically, consent is an affirmative, immediate act. However, different rules sometimes apply if the defendant was on probation or parole.
  • Exigent Circumstances: Police officers can disrupt parties or other gatherings if they believe someone is in trouble. In these cases, they can perform a safety sweep and seize any contraband they see in plain view.
  • Plain View: As the name implies, if officers see drugs or other contraband in plain view, they may seize it without a warrant.  Partial plain view cases, such as a pistol grip protruding from under a car seat, are in a grey area.

Judges usually determine if contraband is admissible during pretrial hearings. Brainerd, MN drug crime lawyers can use previous cases to show that the seizure was illegal. If the evidence is admissible, the case moves to the next area.

Brainerd, MN Drug Crime Lawyers and Proof of Illegality

Officers always claim that substances “field-tested” positive as illegal drugs. These field tests are completely unscientific. Frequently, they are not much more than sensory tests. Additionally, these tests are completely uncorroborated. There are usually no actual test results. Frequently, it’s just the officer’s word.

So, these preliminary tests are never conclusive. In December 2018, police arrested a Florida man was arrested on heroin possession charges. That “heroin” turned out to be laundry detergent.

The lesson from cases like this one is clear. A Brainerd, MN drug crime lawyer must always order scientific tests from an independent laboratory.

This element is particularly complicated in marijuana possession cases. Industrial hemp is legal, and recreational marijuana is illegal. The problem is that hemp and marijuana are physically indistinguishable. They look alike and smell alike.

To prove the substance was marijuana and not hemp, prosecutors must order expensive THC content tests. These tests are not cost-efficient in some cases, and not available in other cases. So, it’s even easier for Brainerd, MN drug crime lawyers to resolve marijuana possession cases. Frequently, prosecutors would rather offer pretrial diversion or another alternative in these cases, especially because of the aforementioned juror attitudes.

Establishing Possession

It’s not enough to produce the substance and prove it was illegal. Crow Wing County prosecutors must also establish possession. And, they must establish it beyond a reasonable doubt.

In the everyday world, possession usually means proximity. I possess my smartphone even if it’s on the table instead of in my hand. But to Brainerd, MN drug crime lawyers, possession means more than proximity. Prosecutors must also establish knowledge and control.

Assume officers pull over Freddy for speeding. They suspect wrongdoing, and Freddy gives them consent to search the car. During that search, officers find marijuana in the glove compartment. So, they arrest Freddy and Shaggy, who was a passenger.

The possession charges against Shaggy will not hold up in court unless the state proves Shaggy knew there was marijuana in the glove box and he had access to it. Unless Freddy and Shaggy were practically joined at the hip, a Brainerd, MN drug crime lawyer could probably beat the charges against Shaggy, even if the substance turned out to be marijuana instead of hemp.

Contact an Aggressive Attorney

Several defenses are available to drug possession charges. For a free consultation with an experienced Brainerd, MN drug crime lawyer, contact Carlson & Jones, P.A. Home and jail visits are available.

When can a Buffalo, MN Family Law Attorney Adjust a Child Support Obligation?

Typically, child support obligations should be adjusted, either up or down, at least once every three years. That’s the only way to keep up with things like employment changes, lifestyle changes, and emotional changes. Child support adjustments usually require parenting plan modifications as well, because these changes frequently overlap. For example, a new job usually means a different commute time or even a relocation.

In both these situations, it’s very important that the judge approve the changes. Informal side agreements regarding parenting time changes, even if these pacts are in writing, are unenforceable in Wright County family court. Additionally, as far as the state is concerned, the child support obligation listed in the decree, and not the one the parties agreed on, is the only one that matters.

So, even if the child support change is agreed, a Buffalo, MN family law attorney should be part of the process. Typically, judges approve agreed changes without holding hearings. Moreover, if the parties do not agree 100 percent on everything, a Buffalo, MN family law attorney can usually bring them together. That way, they can present an agreed order to the judge and streamline the modification process.

Income Changes

Most people change jobs at least twelve times during their careers. Most of these changes involve compensation changes as well. Additionally, even if people stay put, annual salary adjustments are commonplace.

As for proof, sometimes a recent paystub is sufficient, for obligors requesting increases or decreases. But that’s not true in most cases. A significant number of people freelance on the side, or they might be completely self-employed. Additionally, some compensation, such as a company car or provided housing, does not appear on paystubs.

Obligees seeking to increase the child support obligation often face different issues. So, a Buffalo, MN family law attorney requests financial documents during discovery. Obligees can also look for red flags, such as lifestyle changes, which indicate the obligor is making more money.

Income changes, along with any other ground for modification, must be mostly involuntary. Obligors cannot leave high-paying jobs in order to reduce their child support obligations. The same thing holds true for alimony reductions. Circumstantial evidence of intentional underemployment includes social media posts about high support payments.

Buffalo, MN Family Law Attorneys and Expense Changes

In a few states, parental income, and specifically the obligor’s income, is basically the only factor to consider. But Minnesota is an income share state. Child support payments in these states are designed to give the children the same standard of living they would have had if their parents were still married.

So, in Wright County, expense changes could prompt payment changes. Some expenses, such as insurance costs, are factored into the child support guidelines. Others, such as private school tuition costs, are not factored in.

Expense changes will not support a motion to modify child support unless they were unanticipated at the time the decree was entered. Daycare expenses are a good example. These changes are inevitable. Children get older, leave daycare, and attend school. The added money obligees receive through elementary and middle school years helps them cope with the increased expenses which come during the high school years.

Moreover, expense changes must be in the best interests of the children. That’s different from the best interests of the parents. Private afterschool care might be much more convenient than the YMCA, but it may not necessarily be in the best interests of the child.

Emotional Changes

Speaking of children growing older, child support terminates at age 18, in most cases. Most decrees include language to that effect, but sometimes, a Buffalo, MN family law attorney needs to file a motion to modify based on age, marriage, emancipation, or whatever.

Not all emotional changes are this dramatic. As mentioned, Minnesota is an income share state. So, the parenting time division is relevant to the child support obligation. As children get older, visitation time often changes as well. Eight or ten overnights a month might become a dozen or more.

If the emotional change is significant, the judge will probably adjust the child support obligation appropriately. Usually, this adjustment is just a matter of recalculating the guideline amount using the correct number of overnights. Smaller changes, such as children staying with Mom after school, probably do not qualify as significant.

Reach Out to a Compassionate Lawyer

Child support obligation amounts are not set in stone. For a free consultation with an experienced Buffalo, MN family law attorney, contact Carlson & Jones, P.A. Convenient payment plans are available.

How does a Hutchinson, MN Lawyer Win Money in Truck Crash Claims?

Evidence is usually the key to a successful outcome in any civil case. Accident victims have the burden of proof. They must establish negligence by a preponderance of the evidence (more likely than not). Imagine two equally-full cups of coffee are on the same table. If the waitress adds one drop of coffee to one cup, it’s fuller than the other one. That’s what a preponderance of the evidence looks like.

The good news is that a preponderance of proof is the lowest standard of evidence in Minnesota. The bad news is that truck crashes are often so catastrophic that little or no physical evidence remains at the scene.

To make up for this lack of evidence, a Hutchinson, MN lawyer must work extra hard to amass the proof necessary to establish negligence. If jurors hear a sufficient amount of compelling evidence, they often award significant damages in these cases. These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Event Data Recorder

After large airplanes crash, investigators often rely on black box flight data recorders to determine what caused the crash. Large truck Event Data Recorders are much the same. Generally, EDRs measure and record key operational information like:

  • Vehicle speed,
  • Steering angle,
  • Engine acceleration or deceleration, and
  • Brake application.

A Hutchinson, MN lawyer, often working with an accident reconstructionist, can use this information like pieces of a jigsaw puzzle. Once an attorney puts the pieces together for jurors, they see a compelling picture of operator negligence.

EDRs are valuable, and Hutchinson, MN lawyers must act quickly to preserve this evidence. As mentioned, truck crashes are often devastating. Following such wrecks, insurance companies usually destroy totaled vehicles, rather than paying to store them. If that happens, the EDR, and all other physical evidence on the truck, is gone forever.

Spoliation letters usually help. These letters create a legal duty to preserve all potential physical evidence, including the EDR.

There is more. Minnesota has very strict vehicle information privacy laws. So, to access and download EDR information, a Hutchinson, MN lawyer typically must obtain a court order.

Hutchinson, MN Lawyers and Electronic Logging Devices

EDRs are usually important in all truck wreck claims. ELDs are often critical in drowsy driving claims. Biologically, driving while fatigued is like driving while intoxicated. Driving after eighteen consecutive awake hours, which is basically a long day on the road, is like driving with a .05 BAC level. That’s above the legal limit for commercial drivers in Minnesota.

Trucking industry executives know how important this issue is. Their lawyers fought the ELD mandate all the way to the Supreme Court. But it finally took full effect in December 2019.

ELDs are basically electronic work logs which are connected to the ignition. If the truck is running, the HOS (hours of service) clock is ticking. Minnesota and the federal government both have strict laws in this area. If a driver does not get enough rest and causes a crash, the driver could be liable for damages as a matter of law.

Furthermore, ELDs are often circumstantial evidence of fatigue. Drivers can technically be in compliance with the HOS rules and still be dangerously fatigued. Research shows that even an hour or two of less sleep makes a difference.

To use this critical data in court, Hutchinson, MN lawyers must overcome the aforementioned vehicle information privacy laws as well as some other privacy laws, mostly regarding medical data.

Safety Maintenance System

Lack of physical evidence is not the only issue in truck crash claims. Generally, these operators have drivers’ licenses in several different states. As a result, it’s difficult or impossible to obtain all relevant driving records.

Several years ago, the Federal Motor Carrier Safety Administration began keeping multistate driving records on all American truck drivers. The SMS database focuses on:

  • HOS compliance,
  • Vehicle maintenance history,
  • Prior collisions,
  • Substance abuse history, and
  • Previous traffic citations.

The SMS relies on law enforcement records as opposed to judicial records. So, it is more accurate. For example, if a tortfeasor (negligent driver) received a speeding ticket and took defensive driving, that citation would probably not appear in a judicial database. But it would pop up in the SMS database.

Connect with a Diligent Attorney

Industrious evidence collection lays the groundwork for fair compensation in a truck wreck case. For a free consultation with an experienced Hutchinson, MN lawyer, contact Carlson & Jones, P.A. We routinely handle matters in McLeod County and nearby jurisdictions.

Can a Brainerd, MN Criminal Defense Lawyer Beat a DWI if I Took a Breath or Blood Test?

This question is an important one. Roughly 80 percent of DWI suspects provide breath or blood samples. And, in Minnesota, if the defendant’s BAC is above the legal limit, the defendant is guilty as a matter of law.

Briefly, it is usually a good idea to refuse to provide a chemical sample. Yes, you will face additional drivers’ license suspension penalties. And yes, Minnesota has a refusal-to-submit law. So, people who refuse face additional criminal charges independent of DWI. But your drivers’ license will also be suspended if you fail the test. And, a refusal-to-submit conviction usually does not have the same collateral consequences as a DWI conviction.

Nevertheless, if you provided a sample, what’s done is done. Fortunately, there are a number of ways a Brainerd, MN criminal defense lawyer can successfully challenge chemical test results, as outlined below.

Probable Cause for Breath Tests

Before officers administer Breathalyzer tests, they must have probable cause to demand a sample. That’s a higher evidentiary standard than reasonable suspicion, which is the standard that applies at traffic stops. So, officers cannot pull over motorists, smell alcohol on their breaths, and demand chemical samples. They must collect additional evidence. Normally, the field sobriety tests provide this evidence.

However, many defendants refuse to perform these tests, like walking a straight line. Additionally, especially during high-enforcement periods, many hurried offers skip the probable cause phase. In these cases, a Brainerd, MN criminal defense lawyer can argue the state does not have enough evidence to establish this critical element.

Brainerd, MN Criminal Defense Lawyers and Breathalyzer Flaws

Pretty much all DWI-alcohol prosecutions involve breath tests. These gadgets may also soon be available for marijuana “drugged driving” cases. So, we’ll spend a little more time on this point.

No device is 100 percent accurate 100 percent of the time. That’s especially true of a Breathalyzer. This device is essentially a 1920s contraption that could “test a tippler’s breath,” except it has additional bells and whistles. Those early devices were flawed, and modern Breathalyzers have many of these same problems.

  • Mouth Alcohol: Technically, officers are supposed to closely monitor defendants before they provide breath samples. However, they almost never do so. So, there is no way to know if the defendant burped, vomited, or belched. If that happened, ethanol particles from the stomach gushed into the mouth. So, a BAC reading would be artificially high.
  • Errant Count: Ethanol is one of many, many ethyl particles in a person’s breath. The Breathalyzer often registers all these particles as alcohol. So, when police techs brag about how many particles the gadget measures, a good Brainerd, MN criminal defense lawyer can turn this statistic against the state.
  • Temperature: As a rule of thumb, the smaller the device is, the more sensitive it is to the environment. Drop a laptop and it might survive. Drop a smartphone and it’s probably toast. This same principle applies to Breathalyzers, especially regarding temperature extremes. A few degrees often affects the results significantly.
  • Undigested Alcohol: This one is a bit complicated. Most alcohol goes from the mouth to the stomach to the liver to the blood. Because of this slower process, if the defendant has been drinking within the past hour, the breath alcohol count will be higher than the blood alcohol count.

Brainerd, MN criminal defense lawyers often partner with degreed chemists to drive home these flaws with the jury. These professionals carry more weight with jurors than police department technicians. Generally, Breathalyzer techs learned everything they know about these gadgets at brief, law enforcement-sponsored seminars.

Search Warrants for Blood Tests

These flaws normally do not apply in blood test cases. Blood samples are much more accurate than breath samples. However, the Supreme Court recently rules that officers must have search warrants to extract blood samples. Generally, officers do not bother to take this extra step.

Under the Fourth Amendment, search warrants must be based on affidavits which show probable cause. The probable cause portion was discussed above. An affidavit is a written and specific document supported by an oath or affirmation. A phone call to a judge is not a written document. And, a vague description of the arrest, like “we pulled over a guy for suspicion of DWI,” is not specific.

Blood Test Flaws

As mentioned, blood samples are usually accurate. However, the method that police technicians use to examine these samples is not always accurate. So, Brainerd, MN criminal defense lawyers routinely order re-tests. Frequently, professionals at independent labs uncover results that are markedly different from the ones police officers claimed they found.

Additionally, blood samples often have chain of custody issues. These samples must travel from the defendant’s body to a police lab to an evidence room to the courtroom. A gap in the chain of custody might not invalidate the evidence, but it does cast doubt on its authenticity.

Team Up with a Hard-Hitting Attorney

Chemical tests are not always accurate in DWI cases. For a free consultation with an experienced Brainerd, MN criminal defense lawyer, contact Carlson & Jones, P.A. Home and jail visits are available.

Love, Baseball, Premarital Agreements, and Buffalo, MN Divorce Lawyers

Those are four items you probably never thought you’d see in the same sentence. Yet beginning in the spring of 2011, they all came together. Well, all of them except for the Buffalo, MN divorce lawyers component. Nevertheless, the Frank and Jamie McCourt divorce saga has some important lessons for Wright County family law attorneys.

Some baseball fans might remember the McCourts. This billionaire power couple owned the Los Angeles Dodgers in the early 2000s.

Minnesota is one of the few states which has not adopted the Uniform Marital and Premarital Agreements Act. Generally, lawmakers in St. Paul do not follow trends. They either start them or ignore them. Nevertheless, the issues presented in the McCourt prenup matter are very similar to the ones Buffalo, MN divorce lawyers face on an ongoing basis.

Prenups in Minnesota and Buffalo, MN Divorce Lawyers: An Overview

Rich couples who own baseball teams are by no means the only people who should consider prenuptial agreements. For the most part, these pacts are much more than divorce insurance. Since they decide most financial matters in advance, prenups usually make marriages stronger. Money is the leading cause of marital distress. And, premarital agreements remove money from the equation.

In Minnesota, prenuptial agreements can cover more than property division, spousal support, and property management issues. These pacts also often address inheritance and succession matters, especially if the couple owns a family business and stepchildren are involved. Frequently, Minnesota’s antiquated inheritance laws do not jive with a couple’s intentions.

Generally, premarital agreements are valid as long as each couple had an independent Buffalo, MN divorce lawyer, the agreement was properly recorded in the deed records, it was not blatantly one-sided, and it was voluntary. Those first two requirements are largely technicalities. The second two requirements, however, merit closer attention.

Dodgers Bankruptcy

Aided greatly by Kirk Gibson’s impossible home run in Game One, the Dodgers won the World Series in 1988. After that, the club fielded a succession of underachieving teams. Fan interest waned, and so did team revenues. When the McCourts bought the Dodgers in the early 2000s, they probably thought their investment epitomized the old axiom of buying low and selling high. Little did they know that the Dodgers would sink even lower before they rose again.

The team finally bottomed out in June 2011. Reportedly, Frank McCourt, who was the only remaining owner, did not have enough cash to make payroll. So, the club filed bankruptcy.

Then, something else impossible happened. The Dodgers suddenly became contenders again, largely due to the emergence of pitching ace Clayton Kershaw. Notoriously fickle SoCal fans returned and the team’s revenue exploded. As a result, Frank sold the team for a whopping $2.15 billion.

Breaking Down the McCourt Property Agreement

Just before the Dodgers went to bankruptcy court, the team owners were in divorce court. Supposedly, things came to a head for the feuding couple when Jamie had an affair with her bodyguard.

The divorce was contentious to say the least. Lawyers spent most of their time on the property division. Since the team was on the edge of bankruptcy and almost worthless, Jamie agreed to give up her half of the team for about $180 million in cash and property. That seemed like a good deal at the time.

Jamie’s jaw probably fell open when she saw the news of the sale. After all, California is a community property state. So, she argued in court, half that $2.15 billion was hers.

Eventually, a Superior Court judge disagreed. As mentioned above, Buffalo, MN divorce lawyers can use these same arguments in Wright County.

  • Withheld Information: In both California and Minnesota, prenuptial agreements are invalid if a party withholds financial data. Jamie claimed that Frank misled her about the team’s value. However, the judge noted that Frank produced tens of thousands of financial documents during discovery. Additionally, even if Frank did lie to her, Jamie was a co-owner at the time. So, she could have reviewed all the financial data she wanted.
  • Unconscionable Agreement: By almost any definition, the property agreement’s result was unconscionable. It left Jamie $900 million shy of a 50-50 split in a community property state. However, the agreement was not unconscionable when it was made. According to the court: “Jamie simply chose the security of a guaranteed $131 million payment, plus more than $50 million in real and personal property, over the uncertainty and risk presented by the valuation and sale of the Dodger assets.”

So, Jamie lost her appeal and even had to pay her ex-husband’s legal fees. But her story has a somewhat happy ending. The longtime GOP fundraiser recently became the U.S. ambassador to France and Monaco.

Contact a Dedicated Attorney

Prenups are not just for billionaires. For a free consultation with an experienced Buffalo, MN divorce lawyer, contact Carlson & Jones, P.A. Convenient payment plans are available.

The Field Sobriety Tests and Hutchinson, MN DUI Lawyers

Most people know that, under the Fifth Amendment, they have the right to remain silent and refuse to answer questions without a lawyer present. However, most people do not know how broad this right is. Defendants also have the right to remain silent in terms of their actions. They need not appear in staged lineups, pose for pictures to be used in photo lineups, or perform DUI field sobriety tests.

The FSTs are always an integral part of a DUI case. If the defendant provided a chemical sample, the FSTs serve as probable cause. If the defendant refused to provide this sample, McLeod County prosecutors normally use the FSTs as circumstantial evidence of guilt. Either way, if a Hutchinson, MN DUI lawyer undermines the FST results, it is much easier to successfully resolve these cases.

Horizontal Gaze Nystagmus

Once upon a time, many people believed the HGN was the most reliable FST. But times have changed. As a result, many McLeod County judges only allow HGN results for limited purposes.

Nystagmus, which is also called lazy eye, is involuntary pupil movements at certain viewing angles. Most patients have probably taken a “follow my finger” eye test at one time or another. Doctors determined that many of these people had nystagmus, but almost none of them were intoxicated. That’s because a childhood brain injury and a genetic abnormality are responsible for most nystagmus cases.

Furthermore, this test has environmental problems. Laboratory HGN tests are usually accurate. Roadside HGN tests are more of a question mark. These tests do not occur under controlled conditions. Hutchinson, MN DUI lawyers can often challenge test results based solely on adverse environmental factors.

Walk and Turn

In many ways, the WAT, which is also known as the heel to toe walk (HTW), might be the signature field sobriety test. Subjects must walk as straight line heel to toe forward and backward while keeping their arms at their sides. During the test, officers look for intoxication clues, such as:

  • Beginning the test before the officer says “start,”
  • Starting with the wrong foot,
  • Not stepping heel to toe,
  • Falling off the line,
  • Taking the wrong number of steps,
  • Using hands or arms for balance, and
  • Ending the test before the officer says “stop.”

Environmental issues are even more of a problem in this test than in the HGN test. It’s very difficult to walk heel to toe on an imaginary line, yet officers often demand that suspects do this. It’s also very hard to walk a straight line in anything other than athletic shoes.

Hutchinson, MN DUI Lawyers and the One-Leg Stand

In this test, officers instruct suspects to elevate one leg about forty-five degrees, keep it there for about fifteen seconds, and stand perfectly still the entire time.

Repeating a familiar theme, environmental problems plague the one-leg stand. It is very difficult for anyone with any mobility impairment to stand on one leg for more than a second or two. Additionally, the OLS is often the last test that officers administer. That order is intentional. Since the suspect is mentally and physically tired, the suspect usually does not do as well on this test.

Nevertheless, according to the National Highway Traffic Safety Administration, the OLS is a reliable indicator of intoxication. Of course, NHTSA says the same thing about the HGN test, so its opinion is shaky.

Portable Breathalyzer

The final FST is rather unique to Minnesota. In most states, officers only administer chemical tests at the stationhouse. But in the Gopher State, officers usually administer portable Breathalyzer tests at the scene. Authorities believe this additional test gives the FST battery additional credibility with jurors. However, the opposite might be true, because portable Breathalyzers have a number of flaws.

Temperature is a good example. Portable Breathalyzers are very sensitive to temperature changes. And in Minnesota, the weather changes rapidly, especially during certain times of the year. If the gadget was not calibrated according to the current temperature, the result might be off.

To drive home flaws like this one with jurors, many Hutchinson, MN DUI lawyers partner with chemists. These professionals carry much more weight with jurors than the police technicians that prosecutors usually call to the stand.

Rely on an Experienced Attorney

Undermining the FSTs is usually the first step toward a successful resolution in these cases. For a free consultation with an experienced Hutchinson, MN DUI lawyer, contact Carlson & Jones, P.A. We routinely handle matters in McLeod County and nearby jurisdictions.

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Buffalo Lawyers

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Buffalo, MN 55313

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Minnetonka, MN 55305

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