Rochester Personal Injury Lawyer

Killer Highway – When Will the State of Minnesota Finally Fix Highway 14?

Charles James (Jim) Suk — Thu, 15 Nov 2012 14:50:57 GMT

On Election Day, U.S. Highway 14 just west of Dodge Center in southeastern Minnesota claimed its latest lives (3) and seriously injured another person. This is an all-too-familiar story on that stretch of road. In fact, in a 2011 article, the Star Tribune dubbed this portion of Highway 14 the “Highway of Horrors.” Since the mid-1908s, over 150 people have been killed and countless others injured on U.S. 14 between Winona, MN and the South Dakota border. We have represented far too many surviving next-of-kin and seriously injured people to remain silent any longer.

U.S. Highway 14 carries major traffic and links significant portions of SE Minnesota, most particularly for our region, from Rochester to Mankato. The big problem: significant portions of this well-travelled highway are only two lanes and haven’t been improved for over 40 years. Between 2000 and 2005, 75% of all Highway 14 deaths occurred on these 2-lane stretches. The State of Minnesota has expanded 2 of the 5 major portions to 4 lanes and plans to continue that work in the future. But how far in the future seems to be the big question – and it all comes down to money. Appallingly, a rate of one death every two months hasn’t been enough to inspire a sense of urgency by the legislators in St. Paul.

The funding for the expansion hit a serious wall when then-Governor Pawlenty, burnishing his anti-tax credentials, vetoed the gas tax. With major pressure from Mankato area interest groups, Governor Dayton announced on June 26th that the stretch of 14 between North Mankato and Nicollet would be given priority – meaning construction would begin in 2017 or 2018. This does nothing for the residents and visitors who must use Highway 14 in our area – especially between Dodge Center and Owatonna.

What can be done? Putting pressure on the DOT is pointless because of the long cycle involved in planning, eminent domain, bonding and construction. Putting pressure on the legislature is the only way this thing is going to be handled. It is going to increase our taxes, either by a gas tax increase or by bonding, but we have to make the choice as to what we are willing to accept – higher taxes or more deaths and awful injuries on Highway 14.

Think about it.

Originally posted at The Legal Examiner by Charles James (Jim) Suk

Have a Safe and Happy Halloween!

Millie Suk — Wed, 24 Oct 2012 10:37:00 GMT

With Halloween just around the corner, the neighborhoods will soon be full of ghosts and goblins. Here a few tips to help ensure everyone has a great evening:

Tips for Parents:

Inspect all treats gathered by your trick-or-treater for choking hazards.
Choose brightly colored costumes and put reflective tape on the front and back of your trick-or-treater.
Make sure all costumes are marked as flame-resistant.
Skip the masks as they make it difficult to see.
Limit props such as swords or knives that may pose safety hazards.
Remind trick-or-treaters to only cross at corners and marked cross walks and to always look both ways before crossing a road.

Tips for Trick-or-Treaters:

Travel in groups, accompanied by an adult.
Only go to well-lit houses and stay on the stoop or porch, never enter a home.
Carry a flashlight.
Look both ways before crossing a road and be sure to only do so at corners or marked crosswalks.

Tips for Drivers:

SLOW DOWN and be prepared to stop – especially when driving through neighborhoods.
Stay off the roads if possible.
Do not pass vehicles stopped in the roadway, children may be getting in or out and may dart out into the road.
If you are dropping off a trick-or-treater, pull off the road and turn on your hazard lights.

And, finally, have a happy Halloween!

Originally posted at The Legal Examiner by Millie Suk

Bullying in the Workplace

Millie Suk — Thu, 18 Oct 2012 12:01:00 GMT

The topic of bullying has gained national attention over the past year or so as bullying has been to recent teen suicides. But bullying affects more than just teenagers and it can be found all around us – including in our workplaces. According to a recent article in our local newspaper, nearly 35% of employees reported have experienced bullying in the workplace. This led me wonder how “bullying” is defined and, more importantly, what can be done about it.

According to the Workplace Bullying Institute :

Workplace Bullying is repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators that takes one or more of the following forms:

Verbal abuse

Offensive conduct/behaviors (including nonverbal) which are threatening, humiliating, or intimidating

Work interference — sabotage — which prevents work from getting done

An additional aspect to any type of bullying is that it is typically a pattern of behavior and not just a one-time event.

So the big question is: what can or should we do about it? Here a few tips:

For employees:

Recognize you’re being bullied and realize you are NOT the problem.
Recognize that bullying is about control and not about your performance.
Learn about your company’s policies and procedures regarding bullying and take the appropriate steps (if some are laid out). Contact your Human Resource department.
Document all instances of bullying – date, time, what happened, who was present, etc.

For employers:

Create a zero-tolerance anti-bullying policy.
If bullying is witnessed, address it IMMEDIATELY. Train managers and supervisors to do so as well.
Encourage open communication with employees, consider an open-door policy among management and/or have a human resource contact.
Take all reports of bullying seriously.

Think about it.

Originally posted at The Legal Examiner by Millie Suk

Round And Round We Go: What’s With Roundabouts?

Charles James (Jim) Suk — Thu, 18 Oct 2012 11:45:26 GMT

There’s an increasingly new sight here in my hometown of Rochester, Minnesota, and it’s a sight that’s becoming more and more familiar across the entire U.S. – the appearance of roundabouts . The use of roundabouts as traffic control devices at intersections began in England in 1963 and quickly spread to the rest of Europe. Their appearance in the U.S., however, is much more recent. The first roundabout in the U.S. was erected in 1990 in a subdivision of Las Vegas called Summerlin . By 2009, there were about 2,300 roundabouts nationwide – and that number continues to grow.

So what is a “roundabout”? It’s a circular intersection where drivers travel counterclockwise around a center island. They are used in place of stop signs or other traffic control device at intersection. The goal is to increase traffic capacity and reduce traffic conflicts in order to help reduce the number of intersection crashes.

According to NHTSA, approximately 733,000 people were injured and 7,196 people were killed in intersection-related accidents in 2008. A leading factor in these collisions is driver inability or failure to see the stop sign or other traffic control device. Roundabouts, on the other hand, make traffic flow more predictable and keep traffic moving…so long as drivers understand how to use a roundabout. They also slow traffic to speeds of 20-25 mph, which virtually eliminates the possibility of high-speed crashes.

Here are a few tips from Roundabouts USA on how to drive a roundabout:

As you approach a roundabout there will be a YIELD sign and dashed yield limit line. Slow down, watch for pedestrians and bicyclists, and be prepared to stop if necessary.
When you enter, yield to circulating traffic on the left, but do not stop if the way is clear.
A conventional roundabout will have ONE-WAY signs mounted in the center island. They help guide traffic and indicate that you must drive to the right of the center island.
Upon passing the street prior to your exit, turn on your right turn signal and watch for pedestrians and bicyclists as you exit.
Left turns are completed by traveling around the central island (see map below).

If you want more guidance on the correct way to maneuver a roundabout, click here for a good video on using roundabouts.

Roundabouts can be a great way to keep traffic moving and to keep motor vehicle occupants safe, so long as we all understand how they work and obey the rules.

Think about it.

Originally posted at The Legal Examiner by Charles James (Jim) Suk

Watch Out For That Tractor!

Charles James (Jim) Suk — Mon, 15 Oct 2012 10:54:05 GMT

Since we’re well into harvest season, it seems seasonally appropriate to discuss the increase in farming equipment on the roadways and what it means for all motorists. Farm equipment is large and heavy, so it’s hard for operators to accelerate, slow down and stop. Other vehicles on the road must use extra care when encountering farm machinery on the highway.

Cars that get stuck behind these slow-moving vehicles can get a real itch to pass them – especially on a two-lane back country road, where they could be caught trailing them for a mile or two. The problem is that the equipment and load are often so big that it is difficult to pick the right time to pass. Far too many collisions occur when a tractor begins to decelerate and the following car thinks it is stopping when, in reality, it is preparing to make a left turn. These are preventable collisions – tractors should be sure to use their turn signals, engaging them before slowing, and cars must be sure to be extra attention to a slowing tractor and not assume it is an appropriate time to pass. Drivers of both the tractor and the car or other following vehicle must also remember that these farm machines often have large blind spots – never assume the farmer sees you.

Another piece of advice to motorists approaching a tractor or other farm machinery on the highway, is to begin to decelerate immediately. It is often difficult to assess the actual speed of slow-moving equipment until you are quite close so take the extra precaution and be prepared to stop or slow down considerably.

Help keep this farming season safe for farmers and motorists alike – share the road.

Think About It.

Originally posted at The Legal Examiner by Charles James (Jim) Suk

Just what is a “concussion”?

Charles James (Jim) Suk — Mon, 24 Sep 2012 12:37:17 GMT

This topic has seen increasing media coverage over the past couple of years as physicians and researchers have broadened their understanding of just exactly what constitutes a “concussion” (a.k.a. “mild traumatic brain injury”) and how it occurs. Oftentimes a concussion is caused by a blow to the head. However, a concussion can also occur from a simple violent shaking of the head and body. In fact, the word itself comes from the Latin meaning to “shake violently.”

The CDC estimates that 1.7 million people sustain a TBI annually. Falls are the number one cause of concussions, accounting for just over 35% of TBI’s. The second leading cause is motor vehicle collisions, comprising 17.3% of all TBI’s. Sports and recreational activities are also leading causes of concussions in adolescents and young adults.

Contrary to popular myth, loss of consciousness is not required for a concussion diagnosis. In fact, according to a 2010 Pediatrics review article, fewer than 10% of sports-related concussions involved the loss of consciousness. However, from a legal standpoint, proving a concussion without a loss of consciousness or amnesia can be difficult because concussions, especially mild concussions, often don’t exhibit objective signs. They don’t show up on diagnostic scans, for instance. In fact, some physicians say that a concussion is entirely physiologic, like getting a surge in your computer, scrambling it and having to re-set it.

Nonetheless, there are some generally accepted symptoms of a concussion. According to the Mayo Clinic, symptoms may include:

Headache or a feeling of pressure in the head
Temporary loss of consciousness
Confusion or feeling as if in a fog
Amnesia surrounding the traumatic event
Dizziness or "seeing stars"
Ringing in the ears
Nausea or vomiting
Slurred speech
Fatigue

The bottom line is that if you experience any of these symptoms after any sort of head trauma, you should seek medical attention.

Think About It.

Originally posted at The Legal Examiner by Charles James (Jim) Suk

Bicycle Safety: The Importance of Helmets

Millie Suk — Thu, 07 Jun 2012 10:37:37 GMT

June is national bike safety month in the U.S. As summer begins to take hold, the number of cyclists taking to the roads and paths is booming. But let’s keep the sport safe for everyone. In 2009, 630 cyclists were killed in traffic crashes while 51,000 were injured. And those numbers only include cyclists killed or injured in accidents involving motor vehicles. Bicycling is a great means of exercise and a mode of transportation, just be sure you’re taking proper precautions and doing it safely. One of the most important safety tips out there is to wear a helmet.

Helmets are probably the most important piece of safety equipment. Simply put, they save lives and prevent injuries. According to the National Highway and Traffic Safety Administration (NHTSA), bike helmets are 85 – 88% effective in mitigating head and brain injuries. Helmet use is particularly important for children since they suffer the majority of serious head injuries from cycling accidents. However, sadly, only 20-25% of cyclists wear helmets. Simply put, helmets save lives.

When purchasing a helmet, be sure the helmet has a sticker that says it meets standards set by the Consumer Product Safety Commission (CPSC). Next, make sure the helmet fits correctly. Click here for a step-by-step guide on fitting a helmet. Finally, wear the helmet AT ALL TIMES with the straps fastened.

Think About It.

Originally posted at The Legal Examiner by Millie Suk

National Boat Safety Week: Just Wear It

Millie Suk — Mon, 21 May 2012 11:01:07 GMT

As summer weather has arrived early to the Midwest, boaters have taken to the lakes and rivers in droves. Unfortunately, the increase in water traffic has also come with tragedies. Just this past week, a Winona, MN man fell overboard and the rescue efforts have now turned to a recovery effort. The man was not wearing a life jacket. This past weekend, another boating accident occurred in Iowa. That incident involved two boats crashing and resulted in 8 people being injured and 4 deaths.

May 19-25, 2012 has been proclaimed National Boating Safety Week. As a part of this safety effort, the National Safe Boating Council is focusing on its “Wear It” campaign, which is designed to encourage boaters to wear a personal floatation device while on the water. State law in Minnesota requires children under the age of 10 to wear a life jacket at all times and requires every boat to have a personal floatation device for each adult or child over age 10 in an accessible area. While any over the age of 10 isn’t required to actually wear the life jacket in Minnesota, it may just be the thing that saves your life.

According to 2010 statistics compiled by the U.S. Coast Guard, of the 484 boaters who drowned, only 57 were confirmed to have been wearing a life jacket. The Winona man, who authorities have presumed drowned, was not wearing a life jacket when he fell into the water and was unable to reach the one thrown to him by his friend. In the end, while a life jacket may not be the most stylish thing to wear and may cause unwanted tan lines, it’s an easy step to take to help ensure your safety. So the next time you head out on a boat, WEAR YOUR LIFE JACKET.

Think about it.

Originally posted at The Legal Examiner by Millie Suk

Motorcycle Safety: Drive Defensively

Millie Suk — Tue, 15 May 2012 09:00:00 GMT

As soon as you pull your motorcycle onto a roadway, you are at a much greater risk than any other motorist of being involved in a traffic accident. Perhaps even scarier, motorcyclists are far more likely to involved in a fatal crash than any other vehicle type. According to the NHTSA, “Per vehicle mile traveled, motorcyclists are about 37 times more likely than passenger car occupants to die in a traffic crash.” Therefore, as a motorcyclist, it is extremely important that you take extra precaution and drive defensively at all times.

Here are a few things to keep in mind:

Intersections are particularly dangerous. 70% of motorcycle-vehicle accidents occur at intersections. Be alert for vehicles making unexpected turns or pulling out in front of you. Be ready to react quickly.
Check rear-view mirrors. Do so before changing lanes or making sudden stops to prevent rear-end collisions.
Be aware of road conditions and traffic. Even minor road hazards, such as a small pothole, can be very dangerous to bikers. Painted roadway markings and manhole covers can be extremely slippery when wet.
Position yourself to be seen. As one experienced motorcyclist said, “Assume that you are invisible to other motorists and operate your motorcycle accordingly.” Ride with your headlights on at all times and stay out of other vehicles’ blind spots.
Stay off or get off the road at the beginning of a rain storm. The first few minutes of rainfall are most dangerous for motorcyclists as this is the time that oil and other automobile droppings on the roadway are most slippery.
Brake wisely. Use both brakes together. Brake firmly and progressively.

All riders should be aware of their own limits and ride within them.

Think about it.

Originally posted at The Legal Examiner by Millie Suk

Motorcycle Safety: Get the Right Gear

Millie Suk — Thu, 10 May 2012 09:00:00 GMT

After purchasing your bike, the next step before you venture out on the roadways is to get the right safety gear. According to national data , in 2008, the most recent year of published research, 5,290 motorcyclists were killed and 96,000 were injured. 64 of those deaths occurred in Minnesota. But perhaps what is most striking is that of those 64 Minnesotans who lost their lives, 81% of them were not wearing helmets.

Research shows that the head, arms and legs are most likely to be injured in a motorcycle crash. Protective clothing serves three primary purposes: (1) protection from the elements; (2) injury protection; and through the use of bright colors or reflective material, a means to increase the visibility of bikers to other motorists.

The National Highway Traffic Safety Administrations recommends the following protective clothing and equipment:

Helmet. By far the most important piece of equipment, helmets should fit comfortably and snugly. Make sure your helmet has a DOT label. Both the driver and the passenger should wear helmets.
Eye Protection. Choose high quality goggles, glasses with plastic or safety lenses, or a helmet equipped with a face shield.
Jackets and Trousers. Ideally these should be brightly colored. They should also be of durable material (e.g., synthetic material or leather) and have long sleeves/pant legs. Avoid baggy pants to prevent entanglement with the chain, kick starter or foot pegs.
Gloves. Durable gloves with non-slip grips are best.
Footwear. Leather boots are best as they protect the feet, ankles and lower parts of the leg. Durable athletic high-tops are the next best option.

In selecting your protective gear, you should also look for gear with reflective material so as to increase you visibility.

Think about it.

Originally posted at The Legal Examiner by Millie Suk