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Northern Minnesota Personal Injury And Family Law Blog

How can I prevent distracted driving?

In a world where multi-tasking is praised, it’s easy for drivers to get distracted behind the wheel. However, it’s up to you to keep yourself and others safe while driving, which entails avoiding common distracted driving behaviors. Farmers offer the following tips to help reduce your risk of having a serious accident.

Keep conversations to a minimum

Will the other person go to jail if found guilty?

Many people think that when you go to court in Minnesota, you always face the potential to go to jail. However, this is not true when it comes to personal injury cases. The American Bar Association explains this is a civil case. That means there is no potential for going to jail. So, if you sue someone for a personal injury issue, that person will not go to jail if the judge finds in your favor. In addition, this type of case usually does not have guilty verdicts, so the other person will not be found guilty. Rather the judge would find him or her at fault.

A civil case involves civil law, not criminal laws. There is potential for a personal injury case to also include criminal elements. For example, in a car accident, you may sue someone for your injuries, but the state may also charge that person with a crime. Both cases result from the same accident, but they are two district cases with different trials and different possible outcomes.

Division of real estate is not cut and dried

In many cases, real estate is the biggest asset in a Minnesota divorce, whether it is the home you have been living in full-time, a vacation cabin or undeveloped land. While court forms only allow for one or the other spouse to have 100% of a piece of property, there are other legal options available. The experienced team at Trenti Law Firm helps clients determine a fair solution when dividing property for the best possible outcome.

According to the Minnesota Judicial Branch, you and your spouse should receive a fair and equitable share of marital assets. Property purchased after the marriage is typically considered a marital asset. As a result, if your spouse gets the property, you can receive compensation in lieu of the house to make the division equitable.

How do I get a child support order?

When parents do not live together and raise a child together in Minnesota, the matter of child support often comes up. Under the law, the presumption is that both parents have an obligation to financially support their child. Typically, the parent who does not live with and provide daily care to the child pays child support. If you are the parent who should receive support, there are some options for getting an order.

To get child support, according to the Minnesota Courts, you need to secure a court order. If you and the other parent were married and got a divorce, then the court automatically includes child support in the final orders. However, if you were never married, then you may have a request made for you if you apply for public assistance.

Preparing your winter morning drive legally

Minnesota is home to some of the most unpredictable winter weather in the nation. Temperatures can drop 40 degrees in just a day, and a mostly sunny weekend could end with a snowstorm the next morning.

As you ready your tools for whatever this year’s winter throws at you, keep in mind that safety is not your only concern. Those who are reckless or lazy with how they respond to the colder weather could find themselves in trouble with the law. Residents should familiarize themselves with the state’s policies to avoid putting themselves and others in danger.

Disagreement over who should be responsible for scooter injuries

When people agree to participate in a recreational activity provided by a third-party in Minnesota, they are often required to sign an agreement that functions as a contract. This agreement usually provides both the company and the person participating a degree of protection. For the company, it is a protection of their assets and for participants, a protection of their safety and wellbeing. In cases where a person is injured during his or her participation, there can sometimes be disagreements over who is responsible for paying the costs associated with that person's injuries. 

An example to illustrate this point comes out of San Diego, California where users of scooters provided by a rental company are suing the business for injuries, they believe were wrongfully experienced because of negligence. In one such incident, a woman described being injured in a scooter crash that resulted in permanent damage to both of her hands and an estimated $8,000 in medical bills. She blamed the crash on faulty brakes on the scooter as she was riding downhill. 

Brain injury from collision kills Eagan woman

Some people in Virginia might wonder to what degree people limit their options for legal recourse the longer they wait to seek action. In perfect world, evidence, cause and prognostications may immediately indicate the need to file a lawsuit, yet in reality that rarely is the case. While the perception may exist that today's society is overly litigious, most may actually tend to reserve the right to seek action until need forces them to do so. The decision to wait to act on a cause of action may or may not bar them from doing so in the future, depending on the unique circumstances of their incidents. 

Take the case of an Eagan woman who was recently involved in serious collision with a semi-truck. The woman sustained several broken bones along with a traumatic brain injury in the accident. She ultimately held on for two months before succumbing to her injuries, leaving behind a husband and two small children. 

Speeding is one of the most dangerous driving behaviors

As a responsible driver, safety must be a top priority. This is why motorists are encouraged to maintain the posted speed limit, which is created to ensure the safety of all who share the road. Driving over the speed limit can lead to crashes and can also result in more severe injuries. The following information illustrates the havoc speeding can cause, as well as what you can do to be a better driver overall.

The National Highway Traffic Safety Administration states that 27 percent of all traffic deaths occurring in 2016 were linked to speeding. Additionally, speeding has been implicated in the deaths of one-third of motorists over the last two decades. Despite efforts by government agencies and law enforcement, speeding still occurs. Many people blame traffic patterns or lateness as reasons why they choose to speed.

Slick roads, fallen leaves and traffic crashes

On the roadway, numerous hazards may be present, especially during certain times of the year. For example, many parts of the country see poorer weather conditions in the fall and winter, which can increase the likelihood of a crash in many ways. In the fall, roads may become very slick due to heavy or persistent rainfall. Moreover, leaves may fall from the trees, and when these leaves become wet they can also increase the chances of a traffic crash, especially for motorcyclists. It is vital to pay attention to any weather-related road hazards when you are driving.

Unfortunately, some people find themselves in a crash after losing control of their vehicle or because another driver lost control of his or her vehicle. This can happen anywhere on the road, but it may be especially problematic around a sharp turn or in an area where many leaves tend to accumulate on the roadway. Moreover, roads may even become icy in certain parts of the country in the near future, and this is particularly dangerous.

October driving hazards to watch out for

With September coming to a close, fall has come into full-swing in Minnesota. Though autumn does not typically have high motor vehicle accident and fatality rates as the summer or winter, the season still has numerous road obstacles that could put local drivers in serious danger. October is the month where motorists will begin to experience these seasonal changes the most, so it is important for you to be aware of these threats so you can adjust your driving accordingly.

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