The first thing you must do is remain calm. This way you are thinking clearly and are not making any decision based on the heat of the moment. The easiest way to do this is have an accident plan and execute it. If you have a plan in place, you will not be forced to make uninformed critical decisions that could affect your rights. The following are the necessary steps to take when involved in a car accident:

Prepare an Accident Kit – Have a pen, paper, insurance information and camera all in one place. This will allow you to easily document everything at the accident scene and acquire all information you need at the without frantically searching for these items immediately after the accident.

Assess the Situation – Check for injuries. Are you severely injured? Are you able to leave the vehicle? If reasonable, try to move the cars to the side of the road. If the cars cannot be moved or you are severely injured, remain in your vehicle with your seatbelt on until help arrives.

Call the Police – No matter what the other party tells you, be sure to contact the police. Wait until the police are there to discuss the accident. The police will take down the facts and document the accident. Even if the other driver states , “Do we really need to call the police?”, “Let’s let our insurance company’s work it out”, or “Oh, it’s not that bad. I’ll send you a check in the mail for the damages,” call the police right away.

Exchange Information – After the accident, exchange the following information: name, address, phone number, insurance company, policy number, driver license number and license plate number for the driver and the owner of each vehicle. This is essential information should you need to make a claim against the other driver’s insurance company.

Contact Your Insurance Company – This will allow you to determine what your insurance company covers. Your insurance company may be able to take care of any property damage immediately. In Minnesota, you are also entitled to $20,000.00 in medical benefits and $20,000.00 in wage loss benefits from your insurer.

Finally, sometimes injuries sustained in an auto accident continue and do not get better. These injuries could be permanent and could worsen over time, affecting you the rest of your life. At this point, you may want to think about contacting an attorney. An attorney will be able to inform you of your rights and options. This will allow you to evaluate the best course of action to take regarding your health and well being.

For a free consultation, please feel free to contact an attorney at 651-222-2797.

Maintain your Bike – Before riding make sure your tires are properly inflated and brakes are functioning properly. A well maintained bike is a safe bike.
Know the law – Even though you are riding a bicycle, you must know and follow the laws that apply to motor vehicles. This means stopping at stop signs, obeying traffic signals, using turn signals and yielding to others who have the right of way. In short, when using the road you must act like a motor vehicle. However, if you are using the sidewalk you must act like a pedestrian.
Be seen – Wear bright clothes and use reflectors. Try to make eye-contact with drivers, especially at intersections. Keep in mind, just because you can see a driver doesn’t mean the driver can see you.
Avoid Riding at night – If you must ride at night, get a headlight to increase your visibility of what is ahead of you. This will also draw the attention of motorists so that they know you are there.

Wear a Helmet – Even a simple fall while standing still could be life threatening if you were to strike your head. Do yourself a favor and always wear a helmet when riding your bicycle.
Stay Alert at All Times – Be aware of your surroundings and always be on the look out for trouble. This will give you the necessary time to make a decision. It will also allow you to plan for any potential hazards you may see before you encounter them. When you are not sure of what is coming up, slow down or stop to assess the situation.
Even performing all these safety tips is sometimes not enough and accidents happen. Here at Paige Donnelly, Ltd., we have represented many bicyclists who have suffered personal injuries due to a collision. If you or someone you know has been involved in a bicycle/motor vehicle accident please feel free to contact our office for a free consultation.

Under this law, drivers are not allowed to hold or dial a cell phone while operating a commercial vehicle. The law does still allow the use of cell phones through the use of wireless devices, such as blue tooth, and hands-free functions. Keep in mind though, that even the mere reaching for a cell phone is prohibited by this law.

The ban on handheld cell phone use falls in line with the FMCSAs ultimate goal of improving the safety of commercial motor vehicles and, most importantly, saving lives.

Promotion for the event explained, ‘Minnesota. Home of legendary heroes Paul Bunyan, Bronko Nagurski, Hubert Humphrey and Charles Lindberg. Also the home of living legends of the legal world, great lawyers with compelling courtroom stories and litigation lessons to share and tell. Come, you mere mortals – listen and learn from the Zeus-like voices of Minnesota’s most accomplished courtroom legends.’

One of those accomplished courtroom legends was our very own Paige J. Donnelly, who spoke on the topic of ‘Achieving Justice and Maximizing Pain and Suffering for the Challenging Client or Case’.

Other speakers at the event included; Harry Sieben, Jeff Anderson, Terry Wade, John Sheehy, Jim Schwebel, Ron Meshbesher, Bill Sieben, Bill Harper, Paul Peterson, Michael Ciresi, Kathleen Flynn Peterson, Ed Matonich and Shawn Bartsh.

L to R: John Sheehey, of Meshbesher & Spence, Ltd. Paige J. Donnelly, of Paige J. Donnelly, Ltd. Joseph Friedberg, Joseph S. Friedberg, Chartered Kathleen Flynn-Peterson, of Robins, Kaplan, Miller & Ciresi, LLP Terry Wade, of Robins, Kaplan, Miller & ciresi, LLP William Sieben, of Schwebel, Goetz & Sieben, P.A. William Harper, of Harper & Peterson, PLLC

L to R: Michael Ciressi, of Robins, Caplan, Miller & Ciresi, LLP Shawn Bartsh, of Bartsh Law Office, P.A. William Harper, of Harper & Peterson, PLLC Edward Matineach, of Matonich & Persson, Chartered Paul Peterson, of Harper & Peterson, P.L.L.C. Paige Donnelly, of Paige J. Donnelly, Ltd.

The certified specialist designation is earned by leading attorneys who have completed a rigorous approval process, including an examination in the specialty area, peer review, and documented experience. Certified attorneys have demonstrated superior knowledge, skill and integrity in their specific field and can use the designation of specialist to advertise their credentials. The MSBA has been accredited as an independent professional organization for certifying attorneys as Criminal Law Specialists, Real Property Law Specialists, Civil Trial Law Specialists and Labor and Employment Law Specialists. This achievement has been earned by fewer than 3% of all licensed Minnesota attorneys.

With over 16,000 members, the MSBA is the state’s largest and most influential voluntary organization of attorneys, providing continuing legal education and public service opportunities for lawyers, and assistance to the legal system. The MSBA has been accredited as an independent professional organization for certifying attorneys as Civil Trial Law Specialists since 1989. More information about Certified Legal Specialists is at http://www2.mnbar.org/certify.

This achievement by Sheila Donnelly-Coyne is consistent with our firm’s commitment to serve every client with the highest possible degree of professionalism, respect and individual attention.

Please feel free to drop off an unwrapped toy any time you visit our firm. A receptacle, clearly marked with the Toys For Tots official logo and poster, will be prominently displayed in the firm’s reception room. Donations will be accepted through December 16, 2011, after which all toys will be collected and delivered to the Toys For Tots warehouse by volunteers from The Minnesota Association for Justice. Toys will be distributed by active members of the United States Marines Corps throughout the week of December 19, 2011.

We would like to wish each and every one of you a safe and warm holiday season, and thank you for your thoughts and support of a very worthy cause.

The “Truth in Auto Insurance” bill has been repealed by Wisconsin Governor Scott Walker, and replaced by Assembly Bill 4, which greatly reduces the minimum insurance coverage.  As of November 1, 2011, the mandatory minimum liability limits will go down from $50,000/$100,000 to $25,000/$50,000.

This means that if a negligent driver inflicts personal injury on you or your loved ones, that negligent driver’s insurance coverage could soon be cut in half.   Even a brief stay in a hospital may cost more than these new minimal limits, leaving you or your loved ones responsible for uncompensated medical expenses.

There are also other drastic reductions: Stacking of automobile insurance policies will soon be prohibited as well.  Under the previous reform law, a person who owned up to three vehicles could stack the insurance coverage of those vehicles.  This meant that if a person owned two cars, that person could add their two policies together to increase his or her coverage.  In such a case there would effectively be at least twice the minimal coverage available.  If a person owned three cars, there could be three times the minimal coverage or more depending on the coverage on each of the vehicles.   The new law will prohibit stacking or adding one’s insurance policies together.

In short, as of November 1, 2011, you and your loved ones will be exposed to much greater risk by negligent and drunken drivers when traveling in Wisconsin.   It would be prudent to protect yourself and your family by consulting your insurance agent to discuss your options.

or as our returning military are finding from the blast wave of a bomb.

A new Harvard study shows the blast from an explosion creates a surge

in blood pressure, this stretches the walls of the blood vessels in the

brain,  When the brain is exposed to a jarring force its fragile tissue

slams against the skull. This can result in a temporary concussion, a

more dangerous hemorrhage, or long-term Traumatic Brain Injury (TBI)

memory problems, difficulties controlling emotions. This damage can lead

to the early onset of Parkinson’s or Alzheimer’s diseases.

Click here to read the full article:

http://news.harvard.edu/gazette/story/2011/07/new-approach-to-traumatic-brain-injuries/?utm_source=alumniaffairs&utm_medium=email&utm_campaign=hag_8_2011

Employers can organize tip sharing:
This law allows employers, at their employees’ request, to safeguard and disburse tips according to a sharing agreement and to report the amounts received for tax purposes.
Employers may not coerce employees to share gratuities.

Pawn shop regulations eased:
A new law will make it easier for pawn shops to manage their inventory. The law standardizes a 60-day maximum redemption period for a pawn transaction. It allows pawnbrokers to return, sell or remove inventory from display after the redemption period is reached, or after 31 days for inventory purchased other than through a pawn transaction.

It also repeals a state requirement that pawn shops be located at least 10 driving miles from any casino.

Except for the standardized redemption period, municipalities may regulate pawn businesses or transactions more restrictively.

Home repair contractors:
A new law modifies a 2010 law relating to contracts for residential home repair, and it offers more consumer protection from “fly-by-night” contractors, including those from out of state, who compete for Minnesota contracts after storms or natural disasters.

The law adds siding contractors and roofing contractors to those prohibited from offering to pay for an insured’s deductible or to compensate an insured as an incentive to gain a contract.  The law gives commissioner of the department of labor and industry authority to enforce the law.

Alternative pathways to be licensed as a teacher:
This law received a lot of press coverage leading up to its passage.

Beginning with the 2011-2012 school year alternative licensing programs may be created by a school district or charter school in partnership with a college or university with a Board of Teaching-approved alternative teacher preparation program.

The law directs the board to approve qualified programs offering alternative pathways to teacher licensing.

Alternative licensing candidates who meet all criteria will be granted a two-year limited license that the board may renew for an additional year, and may prepare for a standard teaching license. Alternative teacher licensing candidates must have a 3.0 or higher grade-point average or a waiver from the board; pass basic reading, writing and math skills exams; and obtain qualifying scores on board-approved content and pedagogy exams.

CPR requirements at child care centers:
All teachers and assistant teachers at a child care center must successfully complete CPR training, including CPR techniques for infants and children. At least one staff person with training must be present during field trips and when transporting children.

The training must occur within 90 days after the start of employment.

Food inspection exemptions:
A new law exempts meals served by faith-based organizations (church dinners) from certain health department food inspection regulations.

The law grants certain tax-exempt organizations exemption from food regulation statutes.  It also applies to organizations that are affiliated with or related to a sportsman organization. However, the event must be held in the organization’s building or on its grounds.

Vulnerable adult protections:
A new law makes reforms to the Vulnerable Adult Act and makes it a crime for vulnerable adult care facility workers or care-givers to engage in sexual conduct or penetration with a vulnerable adult in their care. However, the law does not require someone convicted of these crimes to register as a predatory offender.

The law also increases from a misdemeanor to a gross misdemeanor for those who know or have reason to know their target is a vulnerable adult and still assault that person because of the perceived vulnerability and cause bodily harm to that person in the act.

In Minnesota, a “vulnerable adult” is defined as someone who receives nursing home care services or has impairments that make it impossible for them to care for themselves on a daily basis and are sufficiently impaired that they cannot protect themselves from maltreatment.

Protecting law enforcement assistants:
A new law adds to the word “statutory,” the definition of law enforcement reserve officers and will make it a gross misdemeanor to assault such a person.  Additionally, horse-mounted reserve officers or trail horses will be given the same protection afforded to mounted peace officers and their horses, “while the reserve officer is operating at the direction of, under the control of, or on behalf of a peace officer or a law enforcement agency.”

The law also expands the gross misdemeanor fourth-degree assault crime to include attacks against utility employees and contractors, as well as postal carriers while involved in their professional duties.

Tougher penalty for fleeing peace officer:
The crime of fleeing a peace officer when the result of doing so results in a death that does not constitute murder or manslaughter has been modified.

A new law extends current law to situations where a suspect initially flees police in a motor vehicle, but abandons the vehicle and continues to flee in another way.

The current flee-on-foot statute does not address penalties for causing serious harm or death to others if pursuit of a felonious criminal goes from vehicle to foot.  However, if the occupants are still in the car, they can be charged for all the harm caused by their actions.

Sex offender residency restriction clarified for courts:
A new law authorizes a court to bar a juvenile found guilty of a sex crime from residing within 1,000 feet, or three city blocks, of the victim.

A judge has the option to issue such restraining orders in cases where the juvenile offender is over age 15 and does not live in the same home as the victim.

The law also states that the residency restriction can be ordered for all or part of the time that the offender is under court jurisdiction.

Harming a police dog:  
A new law increases the penalty for injuring public safety dogs and imposes mandatory restitution on offenders who harm these animals. It also extends the gross misdemeanor offense of harming a public safety dog to cases where the dog suffers demonstrable bodily harm.  The law creates a new offense whereby it is a misdemeanor to assault a public safety dog where the animal does not suffer “demonstrable bodily harm.”

The impetus for the law was “Major,” a German Shepherd stabbed November 12, 2010, as Roseville police assisted Maplewood officers responding to a break-in.

After finding a suspect, officers heard Major crying in pain. He had been stabbed four times. He was rushed to the University of Minnesota Veterinary Medical Center for emergency surgery. While Major survived, he did not regain use of his back legs.

Disability placard usage changes:
The new law allows the disability certificate to be placed anywhere on the dashboard.

Under current law, an original permit holder can get any ticket dismissed if they are cited for using an expired placard. The law limits that to 90 days. If a person is ticketed for this, they will have to surrender the permit if it’s more than 90 days expired.

For all our friends and clients who live and travel in Wisconsin, last year’s reforms in Wisconsin insurance law have been repealed.

The “Truth in Auto Insurance” bill has been repealed by Wisconsin Governor Scott Walker, and replaced by Assembly Bill 4, which greatly reduces the minimal insurance coverage.  As of November 1, 2011, the mandatory minimum liability limits will go down from $50,000/$100,000 to $25,000/$50,000.

This means that if a negligent driver inflicts personal injury on you or your loved ones, that negligent driver’s insurance coverage could soon be cut in half.   Even a brief stay in a hospital may cost more than these new minimal limits, leaving you or your loved ones responsible for uncompensated medical expenses.

There are also other drastic reductions: Stacking of automobile insurance policies will soon be prohibited as well.  Under the reform law, a person who owned up to three vehicles could stack the insurance coverage of those vehicles.  This meant that if a person owned two cars, then that person could add their policies together to increase his/her coverage.  Thus, if a person owned two cars, there would be twice the minimal coverage.  If a person owned three cars, there would be three times the minimal coverage.   The new law will prohibit adding one’s insurance policies together in this way.

In short, as of November 1, 2011, you and your loved ones living or traveling in Wisconsin will be exposed to much greater risk by negligent or drunken drivers.   It would be prudent to protect yourself and your family by consulting your insurance agent to discuss your options.