Our MN accident lawyers represent accident victims and their families in Rochester, MN and throughout Minnesota. Pritzker Olsen Attorneys Fred Pritzker, Elliot Olsen and Eric Hageman were named Minnesota "Super Lawyers" by Law & Politics (August 2009 edition). Fred Pritzker was also named a "Top 100 Minnesota Super Lawyer" and a "Top 40 Minnesota Personal Injury Lawyer." He is listed in the current edition of The Best Lawyers in America (2010 edition). Contact us about a Rochester, MN accident.

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Accident Victim Compensation

• Medical expenses. Minnesota no-fault law requires insurance companies to provide no-fault coverage of up to $20,000 in medical expenses (Minn. Stat. Sec. 65B.41). To get medical expenses paid beyond that amount, an injured person must seek payment from the insurance company of the at-fault driver.
• Pain and suffering. Minnesota no-fault does not cover pain and suffering compensation. People injured in an accident must seek pain and suffering compensation from the at-fault driver's insurance company. Pain and suffering includes money payments for physical pain, emotional distress, disfigurement and disability.
• Lost wages. Minnesota no-fault insurance may cover up to $20,000 of lost wages. For amounts not covered by no-fault, the injured person may seek compensation from the at-fault driver's insurance company.

Accident Wrongful Death Compensation

If someone dies in a Minnesota car accident, the family can sue the parties at fault for compensation. Minnesota law provides some basic MN no-fault survivors' benefits, but compensation in accident death cases can be hundreds of thousands of dollars—even millions of dollars—beyond these basic survivors' benefits.

Accident death cases in Minnesota are governed by Minnesota Statutes, sec. 573.02 and case law interpreting the statute. Under Minnesota law, families may be entitled to compensation for the following:

• Funeral expenses
• Medical expenses, past and future
• Earnings, past and potential, that the decedent would have provided his loved ones if not for the wrongful death
• Loss of advice, care, comfort and companionship the deceased would have provided had he or she lived
• Punitive damages, upon clear and convincing evidence that the acts of the defendant showed deliberate disregard for the rights or safety of others.

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Broadside Accident in Olmsted County Kills Four and Injures Two
Four people died in a drunk driving accident in Olmsted County on May 23, two were critically injured. The victims were in a van that was broadsided at the intersection of highway 36 and highway 30 by a drunk driver. The driver of the van, Terry Milholland of Beecher, Illinois, was killed along with passengers Heidi Newell and Jarah Beers of Rochester, MN., and Raymond Milholland from Minnesota. The other two passengers, Rita Seha and Carter Newell of Rochester, are in the hospital in critical condition.

Rochester, MN Family Injured in Head-On Collision
Christina Sheldon, Kenneth Sheldon, and two children, all from Rochester, MN were injured when another car driving westbound on highway 14 in Olmsted County, swerved into the eastbound lane and hit the Ford Focus driven by Ms. Sheldon. Christina Sheldon, is in critical condition. The accident happened May 23, 2009.

Labels: Minnesota accident, Rochester accident lawyer

Four people died in a crash in Olmsted County on Saturday, two were critically injured.

The victims were in a van that was broadsided at the intersection of highway 36 and highway 30 by a driver who had consumed alcohol. The driver, Christopher Frisch of Winona, MN, who was not apparently injured, was arrested. Alcohol was not detected on any of the victims.

The driver of the van, Terry Milholland of Beecher, Illinois, was killed along with passengers Heidi Newell and Jarah Beers of Rochester, MN., and Raymond Milholland from Minnesota. The other two passengers, Rita Seha and Carter Newell of Rochester, are in the hospital in critical condition.

Drunk Driver Liability

When a drunk driver causes an accident in Minnesota, the injured and families of those killed look to the drivers insurance to compensate them for pain and suffering, emotional distress, medical expenses and lost wages (above MN no-fault limits in applicable situations), and, in some cases, punitive damages. Read more about car accident compensation.

Under Minnesota Statute, Section 169A, it is a violation of Minnesota law to drive with an alcohol concentration of .08 or more. If someone violates this law, it is prima facie evidence of negligence in a civil case (Minnesota Statutes, Section 169.96 (2006)).

Liability of Bars, Restaurants and Other "Dram Shops"

Generally, bars, restaurants and other sellers of liquor (referred to in the law as "dram shops") are liable for car accidents in Minnesota when they have violated a law or regulation. This means that the bar, restaurant or other seller of liquor could be responsible for the following:

• If the victim of the drunk driving accident survives: medical expenses, lost wages, pain and suffering and punitive damages
• If the victim is killed in the drunk driving accident: funeral expenses, loss of potential earnings, loss of advice and comfort, and punitive damages.

The illegal sale of intoxicating beverages includes the following:

• Selling liquor to an obviously intoxicated person;
  
• Selling liquor without a license to do so;
  
• Selling liquor after hours; or
  
• Selling liquor to a minor.

Our Minnesota car accident lawyers have successfully obtained significant compensation from dram shops for victims of accidents and their families.

Contact a Minnesota car accident lawyer at Pritzker Olsen Attorneys for a free consultation. We can meet you wherever it is convenient for you. Our toll-free number is 1-888-377-8900. If you reach us after business hours, please leave a message with our on-call attorney, and he will get back to you as soon as possible.

Labels: accident death, drunk driver, Minnesota accident, Rochester accident lawyer, wrongful death

A tragic accident that killed a bicyclist near downtown Minneapolis during the morning rush hour Wednesday has put the Twin Cities bicycling community on alert once again to the dangers of inattentive car and truck drivers.

The bicyclist, Dennis Dunn of Minneapolis, was crushed by a commercial truck when the driver turned into the cycling lane on Park Avenue, near East 14th Street.

The accident happened about 7:40 a.m. and investigators were sent to the scene to reconstruct the accident.

As a one-way street with its own bike lane, Park Avenue near downtown is a heavily traveled route for bicyclists during the morning commute.

The accident happened on the same day as a previously scheduled National Ride of Silence for victims of bicycle accidents.

This latest Minnesota fatal bicycle accident is reminiscent of a crash last August that claimed the life of Twin Cities resident Julie Casey, a beautiful person in the prime of her life. Julie was on a ride up north with friends when she was struck by a semi-truck-trailer combination at a busy intersection near Clearwater, Minnesota.

Her husband and children are represented by Minneapolis-based Pritzker Olsen Attorneys, a firm that specializes in obtaining justice for bicyclists involved in collisions with motor vehicles.

Attorney Fred Pritzker, founder and president of the Minnesota bicycle accident law firm, is a former bicycle racer who himself rides to work. In Julie's case, he was able to establish that her death was caused by the negligence of the truck driver and was entirely preventable if the driver had been looking where he was going and paying attention to bicyclists traveling on an adjoining bicycle path. Read about bicycle accident death compensation.

In memory of Julie, and to prevent similar tragedies in the future, Julie’s husband, Jon Sandberg, and a graphic-artist friend of the family designed a bumper sticker to encourage attentiveness from motorists. The LOOK sticker is a fitting tribute to Julie, her family and friends and a reminder to motorists to look out for bicyclists.

For more information about Pritzker Olsen and the firm's strident approach and proven results in representing bicycle accident victims and their families, please call 1-888-377-8900 or complete an online form for a free case consultation.

Labels: bicycle accident, lawyer, Minnesota accident

A violation of a Minnesota traffic law is prima facie evidence of driver negligence, meaning it is considered negligence if the defendant fails to introduce evidence of an excuse or justification for violating the traffic law. If a driver involved in a car accident is found negligent, persons injured in the accident may sue for medical expenses, lost income, pain and suffering (includes physical pain, emotional distress, disfigurement and disability) and other expenses.

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Traffic law violations frequently involved in Minnesota car accidents include the following:

Failure to Yield Right-of-Way: Minnesota statutory law regarding right-of-way can be found in Minnesota Statutes, Section 169.20. Includes provisions on intersections, left turns, stop signs, emergency vehicles, entering the highway and transit buses. Read about Minnesota accidents and failure to yield right-of-way.

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Speeding: Minnesota Statutes, Sec. 169.14 provides specific speed limits for different roadways. For example, the speed limit for noninterstate expressways and noninterstate freeways is 65, unless otherwise stated on a traffic sign. All of the speed limits listed can be modified and the lower speed limits posted. Drivers are responsible for knowing the speed limit. Read about a Minnesota accident caused by a speeding driver.

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Turning, Signaling, U-Turns and Changing Lanes: Minnesota Statutes, Sec. 169.19 provides laws governing turning at an intersection, signaling to turn, signaling to stop, u-turns, changing course (includes changing lanes) and starting from a stopped position. The law states that all drivers are responsible for driving in a manner that is safe. Read about an accident involving failure to signal, an illegal turn, a u-turn or recklessly changing lanes.

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Drunk Driving (DUI): Under Minnesota Statute, Sec. 169A, it is a violation of Minnesota law to drive with an alcohol concentration of .08 or more. In a civil action against a drunk driver, the injured party may have a claim for punitive damages, which, depending on the circumstances, can be significant. A criminal charge or conviction is not a prerequisite to consideration of punitive damages. Read about a Minnesota drunk driving (DUI) accident.

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Cell Phones and Text Messaging: Under Minnesota Statutes, Sec. 169.443, subd. 9, a school bus driver may not operate a school bus while communicating over, or otherwise operating a cellular phone for personal reasons when the vehicle is in motion. This restriction applies whether the style of the cell phone is hand held or hands free. This also includes texting. Minnesota Statutes, Sections 171.05 and 171.055, states that provisional license holders and instruction permit holders who are under the age of 18 may not use cell phones when driving. Read about a Minnesota accident involving cell phone use or test messaging.

If you have been injured by a car, commercial truck, motorcycle or other vehicle in Minnesota, contact our law firm at 1-888-377-8900 (toll-free) or (612)338-0202. If you would prefer to send us an on-line message, please submit our free consultation form.

Labels: car accident lawyers, Minnesota accident

A husband and wife are in critical condition after they were hit head-on by a Freightliner semi truck near Windom, Minnesota, on Tuesday. According to the Minnesota State Patrol incident report, Carol Kirstein, 67, of Wilder, Minnesota, was driving a Buick LeSabre northbound on Highway 71 when she crossed over the centerline and collided with the Freightliner, which was pulling a 53-foot trailer. At the time of the accident, Robert Kirstein, was a passenger in Carol Kirstein’s vehicle. Mrs. Kirstein broke her leg and sustained other injuries. Mr. Kirstein sustained internal injuries. Both were airlifted to Sanford Medical Center in Sioux Falls, South Dakota.

As the family deals with the physical and emotional difficulties of this situation, insurance companies will be contacting the family regarding a number of issues. Whenever someone is seriously injured in a car accident, it is critical to contact a Minnesota car accident lawyer as soon as possible. Once the family retains a lawyer, the insurance companies generally are not allowed to contact family members, and the family’s lawyer will take care of all issues involving the insurance companies, including medical expenses and compensation for pain, suffering, disability and wage loss.

In a case where a spouse is a passenger in the vehicle, obtaining adequate compensation for pain, suffering, disability and wage loss can require the spouse-passenger to make a claim or even file a lawsuit against the spouse-driver. This may seem outrageous, but given the language of insurance contracts, it is usually necessary. The spouses and other family members need to understand that sometimes legal actions are necessary for the good of everyone in the family. For more information, please contact a car accident lawyer at PritzkerOlsen, a Minnesota law firm with a national reputation. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Labels: car, collision, Minnesota accident, pain, semi, spouse passenger, suffering