Attorneys Fred Pritzker and Eric Hageman recently won over $2 million for a couple whose car was rear ended by a semi truck. The husband had severe traumatic brain injury (TBI) and crushed bones. As he lay in the hospital, the trucking company claimed that his wife (also our client and the driver of the car) was at fault.
Fred and Eric hired an accident reconstruction expert to produce a video showing what the evidence proved—that thedriver was at fault. Their efforts paid off for our clients, but money was not the most important thing to them. They wanted justice and an acknowledgment from the company that its driver was at fault.
Rear-End Collision Causes
Under Minnesota and federal law, the driver of a semitrailer or other commercial truck must exercise extreme care to avoid a rear end collision. We look for evidence of any of the following:
Speeding or driving too fast for the conditions
Driving too close to the car, motorcycle or other vehicle just before the accident
We also look at whether the road conditions or other circumstances (road construction or the weather, for example) would have required the driver to drive more cautiously.
In some rear end accident cases, there is a presumption of negligence under Minnesota law. This depends on the facts and circumstances of the case.
What if a Brake Failure Caused the Crash?
Our lawyers have a national reputation in the area of product liability litigation. Although our offices are in Minneapolis, MN, they represent clients throughout the United States in personal injury and wrongful death lawsuits against manufacturing companies.
Because of this experience with product liability lawsuits, our lawyers always look for evidence of a brake failure or other defective part. Even if this was a contributing factor (not the main cause) of the accident or the severity of the injuries, the manufacturer, distributor and others may be sued for compensation.
Because an 18-wheeler is made up of parts from various companies, it is possible that two or more companies could be sued. In addition, there would be the claims against the commercial vehicle driver and others.
How Much is My Case Worth?
This is one of the first questions clients ask our lawyers. The basic answer is that it depends on the facts of your case and the laws of the state where the lawsuit is filed. In many of these cases parties from different states are involved. For example, the truck driver could be from one state, the trucking company in another, the accident victim from another state, etc. One of our jobs is to determine in which state to file. This is extremely important. Some states have a cap on the amount of money an injured person can get for “pain and suffering”.
Pain and suffering is a type of “damages” that compensates for physical pain, emotional distress, disfigurement, disability, loss of quality of life and embarrassment. Compensation for this can run in the millions, but in some states, the cap is $250,000 or less.
Other factors that determine what your case is worth include (but are not limited to) the following:
Whether the bodily injuries were critical;
Whether the injuries are preventing you from working or have forced you to find another job;
Your expected future medical and other expenses;
The insurance policy limits.
Each case is unique because every person is unique.
You can call 612-338-0202 or click here now to request a free consultation. If you hire our law firm, you do not have to pay unless we win. Our firm is listed in The Best Law Firms in America.
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