Paige J. Donnelly, Ltd. Paige J. Donnelly, Ltd. 2026-09-16T10:00:15Z https://www.paigedonnelly.com/feed/atom/ WordPress /wp-content/uploads/sites/1502488/2021/09/cropped-site-icon-32x32.jpg On Behalf of Paige J. Donnelly, Ltd. <![CDATA[Can an injury claim cover lifetime costs for assistive devices?]]> https://www.paigedonnelly.com/?p=48122 2026-09-16T10:00:15Z 2026-09-16T10:00:15Z A serious injury can affect how you move, work and manage daily activities. You may need a wheelchair, prosthetic limb, hearing aid or another device to stay independent. These expenses may continue even after your initial medical treatment ends. If another person caused your injury, you may wonder whether an injury claim can help pay for these needs. A claim generally requires evidence showing that your injury caused the need for the device. You may also need evidence that the device is medically necessary and that its cost is reasonable. The type of claim and the laws that apply can also affect what expenses you may recover.

Which assistive devices may qualify?

Assistive devices can range from basic equipment to highly specialized technology. Depending on the evidence and applicable law, a claim may potentially include costs for:
  • Wheelchairs or mobility scooters needed for daily movement
  • Prosthetic limbs needed after an amputation
  • Hearing devices needed after an injury-related hearing loss
  • Home equipment that helps you bathe, dress or move safely
  • Communication devices needed after certain brain or neurological injuries
Keeping records of these expenses can help show what you paid and why you needed each device. Medical records can also connect the equipment to your injury and explain why the device is medically necessary.

What about future device costs?

Some assistive devices do not last forever. A wheelchair may need repairs or maintenance while a prosthetic device may require replacement as your needs change. Future costs may potentially include repairs, maintenance, replacement and medically necessary upgrades, not just the initial purchase. Medical evaluations and other evidence can help estimate these expenses. For instance, a doctor or specialist may explain how often you may need replacement equipment or what upgrades may become medically necessary. Legal assistance can also help organize medical and financial evidence to support a claim for both current and expected costs. These future expenses can matter when an injury affects you for years. Looking only at today's bills may not reflect the full cost of adapting to a permanent disability.

Looking beyond today's costs

An assistive device can be more than a one-time expense. It may help you work, travel, communicate or handle daily tasks after an injury. Looking at both current and future costs can show the full financial impact of your injury. Records showing why you need the device, how much it costs and how it relates to your injury can help support these expenses in a claim.]]> On Behalf of Paige J. Donnelly, Ltd. <![CDATA[What happens if an uninsured driver hits your motorcycle?]]> https://www.paigedonnelly.com/?p=48121 2026-08-25T13:24:43Z 2026-08-25T13:24:43Z Minnesota's no-fault insurance system does not cover motorcycle riders. That exclusion leaves riders with fewer automatic recovery options than most crash victims. If you elected Uninsured Motorist (UM) coverage on your policy, that coverage may be your most direct path to addressing those losses.

How uninsured motorist coverage may apply after the crash

You may have a claim through your own motorcycle policy if you carry uninsured motorist coverage, or potentially through a household auto policy that extends those benefits. Whether that coverage applies depends on your specific policy terms. If it does, it may help pay for losses resulting from the crash, even though the at-fault driver had no insurance. A UM claim or third-party lawsuit may allow recovery for:
  • Emergency treatment and hospital charges
  • Follow-up care, therapy and rehabilitation
  • Wage loss and reduced earning ability
  • Pain, suffering and lasting physical harm
If the at-fault driver has no insurance and you have no UM coverage, you may still be able to sue the driver directly. Even with a court judgment, collecting money from a driver who has no insurance or meaningful assets can be difficult in practice. An attorney can review your situation and explain which options may be realistic given the facts.

Steps to take after an uninsured driver crash in Minnesota

In Minnesota, an uninsured driver crash leaves you with fewer recovery options than most car accident victims have. Whether you can recover anything at all often depends on whether you carry UM coverage. Keeping records of medical treatment, missed work and other crash-related expenses strengthens any UM claim or lawsuit. If you are in this situation, reviewing your coverage and understanding what your insurer may ask for are useful starting points.]]> On Behalf of Paige J. Donnelly, Ltd. <![CDATA[Can a trucking company be liable for a driver’s fatigue?]]> https://www.paigedonnelly.com/?p=48119 2026-08-16T13:37:13Z 2026-08-16T13:37:13Z How trucking companies share responsibility Under Minnesota law and federal safety rules, trucking companies can share legal responsibility in two main ways:
  • Employer responsibility: Companies are legally responsible for what their employees do while on the clock. If a fatigued driver causes a crash while working within the scope of their employment, the trucking company may be held legally responsible for the resulting harm.
  • Direct company responsibility: A company may also bear direct responsibility if its scheduling methods, failure to review driving logs or pressure to skip required rest breaks cause driver fatigue.
Because Minnesota follows federal safety rules, they ban trucking companies from requiring or allowing drivers to drive a commercial truck when they are too fatigued or otherwise unable to drive safely. It limits drivers to 11 hours of driving within a 14-hour period after having 10 hours off. When companies pressure drivers to skip these breaks, they could break the law.

Proving corporate responsibility

Proving company responsibility requires acting quickly to save digital and physical evidence. Key evidence in fatigue cases includes digital tracking logs, which record driving time, speed and rest breaks. It also includes dispatch messages and emails showing pressure to meet tight deadlines, as well as safety records like driver background files, medical certificates and past warnings about driving hours.

Protect your rights after a truck crash

Holding a trucking company responsible requires knowing state and federal laws. If you or a loved one was injured, knowing your legal options after a truck crash is an important first step. Knowing what rights may be available can help build a stronger legal claim.]]> On Behalf of Paige J. Donnelly, Ltd. <![CDATA[Does inattentional blindness change liability in Minnesota?]]> https://www.paigedonnelly.com/?p=48118 2026-08-13T20:07:45Z 2026-08-13T20:07:45Z When a motorcyclist is struck on a busy St. Paul street, the life-changing impact on the rider and their family is immediate. In the aftermath, the driver who caused the crash often offers a familiar excuse: "I just didn't see the bike." For those facing a difficult recovery or mourning a loved one, this statement feels like an unfair attempt to blame the motorcyclist for the driver's failure to pay attention.

What is inattentional blindness?

This phenomenon is known as inattentional blindness, which occurs when a driver is physically looking at the road, but their brain fails to process an unexpected object. It can happen when a motorist scans the road but only looks for large cars or trucks while ignoring smaller profiles, like motorcyclists. However, a motorcyclist is a legal road user, not an "unexpected object" that can be filtered out. When a driver fails to see a biker who is clearly in front of them, it can show a dangerous lack of care that puts every rider at risk.

Legal responsibility remains with the driver

Under Minnesota law, every motorist has a legal duty to maintain a proper lookout. This means they are required to see what is there to be seen. Saying "I didn't see you"  typically isn’t a strong defense; instead, it can be an admission that the driver wasn't paying enough attention to their surroundings. Negligence can create the conditions where a driver misses a motorcyclist who is clearly visible, including:
  • Speeding through intersections, which reduces the time a driver has to scan for smaller vehicles
  • Looking at their phones instead of focusing on the lane ahead
  • Tailgating or failing to give motorcycles enough space
  • Ignoring traffic signals and laws
These actions can mean that a driver was not focused on the task of safe driving, making it even more risky for motorcyclists sharing the road with them.

Holding negligent drivers accountable

We may not be able to eradicate the psychological quirks of the human brain, but we can hold negligent drivers accountable when they cause an avoidable accident. Too often, adjusters try to pin at least some of the blame on a rider's speed, clothing or position. Minnesota fault rules can reduce compensation if a rider is found partly responsible, so evidence about what happened matters. However, legal representation can help protect you from unfair claims, ensuring the focus stays on the driver’s failure to maintain a proper lookout.
]]> On Behalf of Paige J. Donnelly, Ltd. <![CDATA[Why preserving ELD data is critical after a truck collision]]> https://www.paigedonnelly.com/?p=48116 2026-07-21T15:11:38Z 2026-07-21T15:11:38Z A serious collision with a commercial semi-truck changes your life in an instant. Medical bills stack up, injuries disrupt your ability to work, and insurance adjusters begin investigating the crash almost immediately. In the aftermath, proving what caused the wreck requires swift action to secure vital evidence before it disappears. Among the most critical pieces of digital evidence in a commercial vehicle crash is the Electronic Logging Device (ELD). Federal regulations require most motor carriers to install these devices to record driving hours and operational activity. You can review the official Federal Motor Carrier Safety Administration guidelines regarding the ELD rule and driver requirements to understand how federal standards hold trucking companies accountable.

How Electronic Logging Devices track critical wreck data

An ELD connects directly to a commercial truck's engine. It automatically tracks when the vehicle moves, how long the driver stays on the road, miles driven, and engine power status. This data creates an objective record of whether a trucker followed federal hours-of-service laws or drove beyond legal limits. Driver fatigue remains a leading cause of severe highway crashes. Truckers who exceed allowable driving hours experience slowed reaction times and impaired judgment. ELD logs reveal whether a driver suffered from extreme fatigue, falsified duty status entries, or broke safety protocols right before crashing into your car.

Immediate spoliation letters preserve vital evidence

Unlike paper logbooks from years past, digital logging systems do not store data indefinitely. While federal law requires motor carriers to retain ELD records for at least six months, data can be permanently lost or overwritten after that period—or sooner if unarchived onboard engine data is overwritten. Additionally, routine system resets, vehicle repairs, or simple neglect can permanently erase these crucial records. To prevent the destruction of this electronic proof, legal representatives issue a formal legal document known as a spoliation letter. This notice alerts the motor carrier and its insurer of pending litigation and legally obligates them to preserve all physical and digital evidence, including raw ELD files, telematics, and maintenance logs. Acting quickly ensures that valuable proof remains intact to establish liability and support your claim for full compensation.]]> On Behalf of Paige J. Donnelly, Ltd. <![CDATA[Why digital evidence is important in a rideshare accident claim]]> https://www.paigedonnelly.com/?p=48115 2026-07-21T01:30:15Z 2026-07-21T01:30:15Z It identifies the applicable insurance coverage limit Digital evidence can be app logs, GPS telemetry and ride receipts. It objectively proves the driver's exact status at the moment of the crash. This is critical because under Minnesota law, the coverage that applies to your case depends on which phase of the ride the driver was in:
  • Period one: The driver is logged into the application but has not yet accepted a ride request. During this phase, state law requires primary liability coverage of at least $50,000 per person and $100,000 per accident for bodily injury.
  • Period two: The driver has accepted a trip request but has not yet picked up the passenger.
  • Period three: The driver is actively transporting a passenger from the pickup location to the destination.
During periods two and three, Minnesota law requires at least $1.5 million in commercial liability coverage. Digital evidence is what locks in that higher limit because without it, insurers can argue for less.

Securing your digital evidence

Digital evidence overcomes human error, such as bias or memory uncertainty. It is why it can often be the deciding factor for a successful claim. However, rideshare companies often overwrite digital data quickly. Fortunately, you can send a legal notice to preserve the evidence and prevent the company from deleting it. Gathering evidence on your own after a rideshare accident is hard. A legal counsel who knows how to draft data preservation letters and obtain official app logs can help. This ensures you get the full coverage you deserve.  ]]> On Behalf of Paige J. Donnelly, Ltd. <![CDATA[Serious injuries can occur due to semitruck crashes]]> https://www.paigedonnelly.com/?p=48114 2026-07-09T15:20:50Z 2026-07-09T15:20:50Z Various factors contribute to semitruck crashes While the cause of a crash doesn’t necessarily determine what injuries a person will suffer, it plays a role in how a personal injury claim is handled. It’s possible that a semitruck crash may have only one cause, but they commonly have multiple causes. There are many different factors that can contribute to semitruck crashes. Many of these, such as speeding, fatigue, impairment or distraction, are also common in other types of crashes. Other causes that are specific to semitrucks might also be possible. They include things like improperly secured cargo or pressure to meet delivery deadlines. The cause of a crash can affect what parties are held liable in these cases. For victims of semitruck crashes, burdens in the financial aftermath are often considerable, particularly if the injuries at issue are severe. Seeking compensation is an opportunity to try to recover the financial damages associated with the crash. State law limits the time victims have to get this done, so it’s likely best to work with someone familiar with these matters right away.]]> On Behalf of Paige J. Donnelly, Ltd. <![CDATA[Can you recover damages if you were not wearing a seatbelt?]]> https://www.paigedonnelly.com/?p=48113 2026-06-29T09:50:29Z 2026-06-29T09:50:29Z How Minnesota's comparative fault rule works Minnesota follows a modified comparative fault system. Meaning, you can still recover damages even if you were partially at fault for an accident, as long as your share of fault does not exceed 50%. If your fault is 51% or more, you may not recover anything. If it is 50% or less, your percentage of fault reduces your damages proportionally.

What Minnesota law says about seatbelt evidence

Minnesota takes a different approach from many other states. Under Minnesota law, the law bars anyone from using evidence that a person was not wearing a seatbelt to establish fault or reduce damages in a personal injury or property damage case. In other words, the law cannot count the fact that you were not buckled up against you in a civil claim. There is one narrow exception: if the case involves a manufacturing defect in a seatbelt or child passenger restraint system, seatbelt usage becomes directly relevant because the claim is built around the seatbelt itself. Outside of that context, the rule is clear — your failure to wear a seatbelt does not reduce what you can recover.

What insurance companies may still try

Knowing the law and navigating an actual claim are two different things. Insurance companies may still use your seatbelt non-use as leverage during settlement negotiations, arguing your injuries would have been less severe had you worn your seatbelt. While these arguments cannot legally affect your damages award in court, they can influence early settlement offers and are worth pushing back on.

Why legal guidance matters in fault-based claims

Minnesota law protects you from having seatbelt non-use held against you, but insurance companies do not always play by those rules during negotiations. Understanding how comparative fault applies to your specific situation and recognizing when an insurer is using tactics that are not legally permitted requires a working knowledge of Minnesota civil law. Speaking with a personal injury attorney can help you understand where your claim actually stands and how to respond if an insurer is overlooking your rights.  ]]> On Behalf of Paige J. Donnelly, Ltd. <![CDATA[What is the maximum weight for a tractor-trailer?]]> https://www.paigedonnelly.com/?p=48112 2026-06-21T11:33:05Z 2026-06-21T11:33:05Z While there are different classifications for large trucks, the overall weight limit for most tractor-trailers is 80,000 pounds. This is why trucks are required to stop at weigh stations periodically and be weighed to ensure that they do not exceed the limit. These limits are in place for a variety of reasons. In some cases, a truck that is too heavy may not be safe for local bridges or may even damage the roadway. The limit is in place to protect infrastructure, and some roads may be intentionally closed off even to trucks that are at or below the 80,000-pound limit.  But another thing to keep in mind is that weight limits are correlated with serious truck accidents.

Increasing stopping distances

One of the most direct examples of this is that a heavier vehicle needs a longer stopping distance. A passenger car or a small pickup truck may be able to stop relatively quickly, perhaps in just 300 feet. But many large trucks need around 525 feet to stop. This is why truck drivers always need to be attentive and ready to brake earlier than the traffic around them. If a semi-truck driver has a delayed reaction, such as if they are distracted and do not hit the brakes right away, a heavy vehicle may not physically be able to stop before rear-ending a smaller car ahead of it.

Have you suffered injuries?

Have you been involved in an accident caused by a tractor-trailer and suffered serious injuries as a result? If so, you may deserve financial compensation for lost wages, medical bills, pain and suffering and much more.]]> On Behalf of Paige J. Donnelly, Ltd. <![CDATA[Why some injuries have delayed symptoms after an accident]]> https://www.paigedonnelly.com/?p=48111 2026-06-11T22:46:52Z 2026-06-11T22:46:52Z why does it take time to notice some injuries?

Adrenaline rush

Immediately after the brain perceives a threat, such as the sudden visual of an oncoming car or the impact of a crash, it triggers the "fight-or-flight" response. This floods the body with stress hormones like adrenaline and cortisol to prepare it to confront the threat or flee the scene. The brain also releases endorphins to act as natural painkillers. When pain is masked, one can properly fight off a threat or escape. While the fight-or-flight response is crucial, it can lead to someone underestimating the severity of their injuries or believing they are not injured at all. Consequently, they may skip seeking immediate medical attention. It can take hours for the symptoms of adrenaline rush to subside. By this time, an injury may have significantly worsened.

Inflammation

Some injuries, such as soft tissue damage, cause swelling, heat and pain (signs of inflammation). This notifies someone that they were injured. However, inflammation can take 24 to 48 hours or longer to develop. That’s why someone may only start to notice neck and shoulder pain, back pain, numbness, tingling or swollen joints days after a car accident. This can also be the case when someone suffers a traumatic brain injury or internal bleeding. It can take hours or days for an internal injury to worsen to the point of having noticeable symptoms. It’s critical to get an immediate medical evaluation after a car accident. Learn more about the steps to take after receiving medical care to protect your rights.]]>