Schmidt Law Articles

MINNEAPOLIS ACCIDENT LAWYER-CAR ACCIDENT SUCCESSES OF SCHMIDT LAW FIRM

March 31st, 2009

The Schmidt Law Firm, Minneapolis Accident Lawyer, has 30 years experience, in over 6,000 successful cases, in bringing justice to the victims of personal injury and wrongful death in car accident cases. Some of these successes are described below:

1. $430,000 recovery for Minnetonka Car Accident Victim.

2. $383,000 Jury Verdict for Victim of Car Accident.

3. $240,000 Recovery for Woman in Car Accident Case involving a Drunk Driver.

4. $245,000 Recovery in Car Accident Case.

5. Cell Phone Usage Caused Serious Car Accident.

6. Driver Fatigue, Sleepiness Causes Serious Car Accident.

7. Driver Distraction Causes Serious Car Accident.

8. What to Do If You’ve Been in a Car Accident.

$430,000 recovery for Minnetonka Car Accident Victim.

A $430,000 settlement was recently obtained for a Minnetonka, Minnesota man who was involved in a rear-end collision when hit by a Mack truck.

People often say, “It was like getting hit by a Mack Truck’ when they want to explain the tremendous force of the impact. In recent accident, a Minnetonka Minnesota man did get “hit by a Mack truck”.

He sustained injuries to his neck and back, his shoulder and his knee. Douglas E. Schmidt of the Schmidt Law Firm, Minneapolis Accident Attorney, prosecuted the case and produced a settlement, without having to go to court, in the amount of $430,000.

The Schmidt Law Firm, Minneapolis Accident Lawyer, has a long and successful record, over 30 years, of prosecuting cases involving truck accidents. These cases involve car-truck collisions, truck to truck collisions, as well as cases involving injury due to unsafe loads, defective truck tires, and the products liability cases involving trucks.

$383,000 Jury Verdict for Victim of Car Accident.

After a bit hard-fought trial, Douglas E. Schmidt earned a jury verdict for his client in the amount of $383,000 in Hennepin County District Court.

Schmidt’s client had been injured in a car accident that occurred in St. Paul, Minnesota. He first obtained a settlement in the amount of $100,000 from the insurance company of the at-fault driver.

He then made claim against his clients own insurance company, Allstate, for Underinsured Motorist benefits. When Allstate refused to make a reasonable offer, the case was placed in suit and ultimately went to trial. The jury returned a verdict that was approximately 10 times greater than the last offer.

It was the Schmidt of the Schmidt Law Firm, Minneapolis Accident Attorney, has over 30 years experience, and more than 6000 successful cases, representing the victims of personal injury and wrongful death. Many of these cases have involved automobile accidents, including cases involving drunk drivers, distracted drivers, sleepy drivers, and drivers using cell phones.

$240,000 Recovery for Woman in Car Accident Case involving a Drunk Driver.

Just recently, a $240,000 settlement was obtained by the Schmidt Law Firm, Minneapolis Accident Lawyer, for a woman who sustained injured in a car accident involving a drunk driver.

The case first involved a $100,000 settlement with the insurance company of the drunk driver.

After that, another $100,000 settlement was obtained with Schmidt’s client’s own insurance company under the Underinsured Motorist coverage.

In addition, claims were made against the client’s No Fault insurance. Schmidt took that part of the claim to an arbitration hearing and won. The result was that the entire $40,000 of No Fault insurance coverage was collected from the No Fault insurance company.

Schmidt’s client had started the case with another attorney who told her that “it couldn’t be done”, in reference to the Primary Homemaker Replacement Services claim that Schmidt successfully prosecuted. She said, “They said it couldn’t be done, but Doug Schmidt proved them wrong! I would recommend him to anyone.”

$245,000 Recovery in Car Accident Case.

The Schmidt Law Firm, Minneapolis Accident Attorney, recently recovered a total of $245,000 for the victim a motor vehicle collision caused by a drunk driver. The driver was a minor who had been illegally served alcoholic beverages at a downtown Minneapolis nightclub.

The settlement included payments from three sources, including the insurance company of the drunk driver, the insurance company for the nightclub, and the underinsured motorist insurance coverage.

The settlement against the nightclub was under the Minnesota Dram shop law which makes a bar, tavern, or nightclub that illegally served alcoholic beverages responsible for the negligent acts of the drunk that has been illegally served. In this case, the driver was underage and the sale of alcoholic beverages to him was a violation of the law.

The insurance company for the drunk driver offered its entire policy limits to settle. Because the amount of edge insurance coverage was not enough to pay the full amount of the drunk driver’s legal responsibility, additional settlement was made with the insurance company that provided the underinsured motorist insurance.

The Schmidt Law Firm, Minneapolis Accident Attorney has 30 years experience in successfully bring justice to the victims of drunk driving.

Cell Phone Usage Caused Serious Car Accident.

Cell phones cause 6% of all car accidents, according to statistics collected by a reliable authority.

The Schmidt Law Firm, Minneapolis Accident Lawyer, recently represented the victim of a serious car accident caused by a driver using a cell phone. Schmidt’s client was legally stopped on the highway, waiting for oncoming traffic to clear before taking a left turn in to her residential neighborhood. Even though she had lawfully used her turn signals to give notice of her intent to turn and was using her brake lights as she gradually slowed to the stop, the following driver was distracted because she was using her cell phone and did not see the Schmidt’s quiet was totally stopped until just several car lengths back. At that point she was still traveling highway speeds and it was too late to stop.

The collision total both cars and cause serious neck and back injuries to Schmidt’s client.

Driver Fatigue, Sleepiness Causes Serious Car Accident.

Driver fatigue is a major cause of car accidents. It has been estimated that 12% of all car accidents are caused by a sleepy, drowsy, or fatigued driver.

One of these car accidents was successfully prosecuted by the Schmidt Law Firm, Minneapolis Accident Attorney, after crossing over a bridge the client was on his way to a business meeting in Eau Claire, Wisconsin when he was stopped for speeding by a Wisconsin Highway patrol officer. As he was stopped on the shoulder of the interstate highway, a University of Wisconsin-Eau Claire student crashed into the rear of Schmidt’s clients car at a speed of nearly 60 miles an hour.

So it was filed against the at fault driver. In her sworn deposition testimony, she revealed that she had stayed up late studying for a college exam, and overslept, and was late in getting to the University for her exam. Just before the crash, she had fallen asleep behind the wheel, awakening as her car began to go into the center median. As she awoke, she swerved sharply to avoid going into the median. She lost control of her vehicle and crashed in to the rear of the car occupied by Schmidt’s client.

Case was successfully settled by the Schmidt Law Firm, Minneapolis Accident Lawyer.

Driver Distraction Causes Serious Car Accident.

Statistics show the driver distraction causes 9% of all automobile accidents. The Schmidt Law Firm, Minneapolis Accident Attorney, has prosecuted many cases involving driver distraction.

Douglas C. Schmidt, the senior trial lawyer at the Schmidt Law Firm, Minneapolis Accident Lawyer, recalls a case in St. Paul where the driver rear-ended another car while totally distracted. In fact, the actual driver admitted that he did not see, and was totally unaware of the presence of, the car that was rear-ended until impact. Amazing, he testified that he actually felt the force of the impact before seeing the car ahead. It is difficult to imagine a more profound case of driver distraction.

As for a law firm is currently prosecuting a case in which a driver rear-ended Schmidt’s client at a speed of approximately 60 mph. In sworn deposition testimony at fault driver has admitted that Schmidt’s client’s car was totally stopped with its turn signals flashing at its brake lights illuminated. Yet, he admitted that he did not realize the car was stopped ahead of them until he was approximately 2 car lengths away and it was too late to apply his brakes.

What to Do If You’ve Been in a Car Accident.

The Schmidt Law Firm, Minneapolis Accident Attorney, offers the following advice as to what to do at the scene of a an auto accident.
1. Stop immediately, but do not obstruct traffic.
2. Call 911 immediately. Repeat the call to be sure that there will be a response.
3. Assist the injured. If there is any question as to whether you have been injured, you should accept emergency care by ambulance and hospital. Often victims of injury do not comprehend the severity of the injuries.
4. Insist that police or Highway Patrol be called to the scene and document the facts of the accident.
5. Collect the names, phone numbers, and addresses of other drivers, witnesses, and injured persons.
6. Collect the driver’s license number, insurance companies name and policy number, it and the make model and license plate number of all vehicles involved.
7. Make a rough drawing or sketch of the scene, showing the position of the cars and other details.
8. Notify your insurance agent as soon as possible.
9. Contact an attorney for information regarding your legal rights. Remember that most law firms will offer a free first meeting and case evaluation.

MINNEAPOLIS ACCIDENT LAWYER-MOTORCYCLE CRASH STATISTICS

March 31st, 2009

Riding motorcycles is fun-but hazardous. Recently, the number of motorcyclist deaths on U.S. roads has risen dramatically.

Between 1997 and 2005, the number of motorcycle rider fatalities rose 115 percent.

During the same time, the fatality numbers for car accidents declined.
There has been a dramatic increase in motorcycle ownership. And the increase in the number of motorcycle fatalities has actually risen at the higher rate than the increase in motorcycle ownership.
For every miles traveled , motorcyclists were 8 times more likely to be injured and over 30 times more likely to be killed than people in passenger cars.

Nevertheless, motorcycle riders have a right to use the highways equal to that of people in cars, trucks and buses. They have the right to the respect of other users of our highway system. When they are injured in a motorcycle crash with another vehicle, they have the same rights to compensation under the law.

The Schmidt Law Firm, Minneapolis Accident Lawyer, has 30 years experience in over 6,000 successful cases in bringing jusice to the victims of personal injury and wrongful death. That track record includes the successful representation of the victims of motorcycle crash injuries. The lastest successful recovery for a motorcycle rider was in the amount of $630,000.

WHAT IS ARBITRATION?

March 31st, 2009

Arbitration is a process where the parties agree to submit the dispute to a third party, an arbitrator, who then decides the case.

If the arbitration is “binding”, then the decision of the arbitrator is final and binding on both side.

Under Minnesota law, there is a statute that controls arbitrations. The parties can always agree to something different than that which is specified in the statute. However, if there is no agreement as to the specifics, the statute will control

Arbitration is different from mediation where the mediator has no power to reach a decision. The med

WHAT IS MEDIATION ?

March 31st, 2009

Mediation is the process by which a neutral party, the mediator, works “in the middle” to bring the two parties together .

A mediator has no power to decide the case. The mediators sole function is to bring the parties together to a mutual agreement.

Mediation is different from arbitration where the arbitration is empowered to “decide” the case, even where the parties don’t agree.

MINNEAPOLIS ACCIDENT LAWYER-MOTOCYCLE INJURY FACTS

March 31st, 2009

Riding motorcycles is fun-but hazardous. Recently, the number of motorcyclist deaths on U.S. roads has risen dramatically.

Between 1997 and 2005, the number of motorcycle rider fatalities rose 115 percent.

During the same time, the fatality numbers for car accidents declined.crashes dropped.
There has been a dramatic increase in motorcycle ownership. And the increase in the number of motorcycle fatalities has actually risen at the higher rate than the increase in motorcycle ownership.
For every miles traveled , motorcyclists were 8 times more likely to be injured and over 30 times more likely to be killed than people in passenger cars.

Nevertheless, motorcycle riders have a right to use the highways equal to that of people in cars, trucks and buses. They have the right to the respect of other users of our highway system. When they are injured in a motorcycle crash with another vehicle, they have the same rights to compensation under the law.

The Schmidt Law Firm, Minneapolis Accident Attorney, has 30 years experience in over 6,000 successful cases in bringing jusice to the victims of personal injury and wrongful death. That track record includes the successful representation of the victims of motorcycle crash injuries. The lastest successful recovery for a motorcycle rider was in the amount of $630,000.

MINNEAPOLIS CAR ACCIDENT LAWYER FIRM-MINNEAPOLIS INJURY ATTORNEYS-CELL PHONE HAZARDS

March 31st, 2009

CELL PHONES USAGE BY DISTRACTED DRIVERS CAUSE SERIOUS INJURY AND DEATH IN CAR ACCIDENTS:

The Minneapolis Car Accident Lawyers at the Schmidt Law Firm call your attention to the following regarding the hazards of cell phone usage while driving a motor vehicle:

Reliable studies have proven that the use of cell phones while driving is a hazard that is a significant cause of car accidents.

Recently, Ford Motor Company has introduced a hands-free phone system in its new models. The system is for talking, texting, and entertainment. Ford claims that the use of a hands-free phone is more safe than the use of a hand-held phone.

But the Insurance Institute for Highway Safety doesn’t buy that. It’s studies show that hands-free talking is just as dangerous as holding a hand-held phone, claiming that it is the distraction of the driver’s attention due to carrying on a conversation while driving that creates the danger and not the lack of control which might result from driving with one hand while holding the phone in the other.

MINNEAPOLIS BICYCLE INJURY ACCIDENT LAWYER FIRM-5 STAR RATED

March 31st, 2009

The Minneapolis Bicycle Injury Accident Lawyers at the Schmidt Law Firm call your attention to the following:

Statistics recently released by the National Highway Traffic Safety Administration of the U.S. government (NHTSA) revealed the following statistics relating to bicycle accidents, bicycle injuries and bicycle deaths:

-There were 698 bicycle deaths which accounted for 2% of all traffic fatalities.

-1/7 of the bicyclists and other pedalcyclists killed in traffic crashes in 2007 were between the ages of the five and 15 years old.

-Alcohol involvement was reported in more than one third of all bicycle and pedalcycle fatatities in 2007.

The Schmidt Law Firm, Minneapolis Accident Lawyer, has successfully handled over 6,000 personal injury and wrongful death claims, many of which have involved bicycle injuries. The Schmidt Law Firm recently settled a case involving a bicyclist that was struck by a semi-truck for $250,000.00.

The Schmidt Law Firm, Minneapolis Accident Attorney, has also successfully handled product liability cases involving defects in bicycles.

MINNEAPOLIS CAR ACCIDENT LAWYER FIRM-ACCIDENTS CAUSED BY POLICE MISCONDUCT

March 31st, 2009

The Minneapolis Car Accident Lawyers at the Schmidt Law Firm call your attention to the following:

It was recently in the news is that a car accident was caused by the misconduct of a Minnesota state highway trooper. In that case, the trooper activated her lights and siren in an attempt to stop a motorist on Interstate 94. The subject did not immediately pull over because he claimed that the snow-packed shoulder wasn’t wide enough for him to stop and he was fearful of stopping on the Interstate with children in the back of the van. Instead, he chose to go to the nearest exit. The trooper, being upset that the subject did not immediately stop, forcibly rammed the vehicle to disable it.

The Minnesota State Patrol has admitted that the trooper violated its policies and has settled with the driver of the van, paying damages.

The Schmidt Law Firm, Minneapolis Accident Lawyer, has thirty years of experience in successfully representing the victims or personal injury and wrongful death in over 6000 cases. Among these cases have been cases caused by the misconduct of a law enforcement officer.

In one of the most famous cases that the Schmidt Law Firm, Minneapolis Accident Attorney has handled, Schmidt’s client was suffering from a psychological meltdown. Although she was driving legally, a Minneapolis police officer gave chase with lights and sirens activated. The psychological condition of Schmidt’s client was further aggravated by the lights and sirens. Other squad cars joined the chase, further tormenting Schmidt’s client.

The police officers ignored the direction of their shift commander to discontinue the chase. Instead, they attempted to terminate the chase by ramming the car. They did so forcibly, driving the car off the road, over the curb, and causing it to smash into a tree. In the process, a jogger was killed when hit by the car being operated by Schmidt’s client. Schmidt’s client sustained serious injuries.

Litigation was commenced by the estate of the jogger against the city of Minneapolis and Schmidt’s client. Schmidt’s client sued the City of Minneapolis. After extensive pretrial proceedings, a settlement was reached in both the wrongful death case of the jogger and Schmidt’s client. Schmidt’s client received a favorable out-of-court settlement.

This was not a high speed chase. In many cases, the police have them held legally responsible for continuing a high speed chase in violation of commonly accepted rules of conduct.

MINNEAPOLIS TRUCKING ACCIDENT ATTORNEY FIRM-THE UNDERRIDE HAZARD

March 31st, 2009

Large trucks play a major role in both the occurrence and consequences of traffic accidents. According to the National Highway Traffic Safety Administration and 442,000 large trucks were in vault in crashes in the United States in a single year, resulting in over 5000 deaths and a 114,000 injuries.

It is clear that the number of injuries and deaths could be greatly reduced if safety related laws and regulations governing the trucking industry were stronger. However, truck manufacturers have resisted measures that would require them to design and manufacture safe vehicles.

One of these hazards is “underride hazard” which results on a smaller vehicle sustained major damage they caused the rear bumper of the truck or trailer is not sufficient to stop a smaller vehicle and keep it from going under the rear of the truck or trailer.

The result of the underwrite hazard is that the damage to the vehicle is much greater than necessary and the rest of personal injury or wrongful deaths is greatly increased.

The Schmidt Law Firm, Minneapolis Accident Lawyer, believes that the victims of underwrite hazard are entitled to justice and may have legal rights in a product liability claim.

MINNEAPOLIS INJURY LAWYER-DAY CARE SEXUAL ASSAULT

March 31st, 2009

It was recently reported in the local news that a woman who ran a daycare center in Inver Grove Heights Minnesota was found guilty of failing to report abuse of a child in her facility.

Minnesota law requires daycare providers to report all instances of abuse. In this case it was alleged that a adult was allowed to engage in sexual misconduct with child in this daycare facility which was not reported.

The Schmidt Law Firm, Minneapolis Accident Attorney, has 30 years experience in successfully representing the clients are personal-injury and wrongful death. This includes the victims of sexual assault, sexual abuse, sexual molestation and other acts of sexual misconduct.

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