Law Office of Thomas B. Schway Law Office of Thomas B. Schway 2026-04-28T18:02:30Z https://www.schwaylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1303571/2020/10/cropped-favicon-schway-1-32x32.jpg On Behalf of Law Office of Thomas B. Schway <![CDATA[Who is at fault after a rear-end crash in Minnesota?]]> https://www.schwaylaw.com/?p=47802 2023-08-31T16:08:52Z 2023-08-31T16:08:52Z Bad decisions cause most rear-end crashes There is one bad traffic behavior that people associate with rear-end collisions, it would be tailgating. Some drivers will get aggressively close to the rear of other vehicles in traffic when the flow of traffic isn't as fast as they would like. These motorists may become agitated and aggressive, and they sometimes cause rear-end crashes. Other drivers make seemingly minor mistakes with major consequences. Driving too fast given the road conditions may mean that someone can't stop in time or overtake other vehicles in traffic. Many drivers fail to leave proper space between their vehicle and the vehicle in front of them to ensure that they can stop giving the weather. There should be at least three seconds of space between vehicles. When the driver in the rear vehicle was aggressive, drove too fast or stayed too close to another vehicle, the driver of that vehicle will likely be the one at fault for the wreck. Sometimes, the driver in front is to blame because they merged directly in front of another vehicle or otherwise cut another driver off in traffic. Police officers will have to review the statements of both drivers and any objective evidence available to determine which motorist was technically at fault for a rear-end crash.= Establishing fault is a very important stop for those who intend to file an insurance claim or a lawsuit after a Minnesota wreck. Although rear drivers are often at fault for rear-end crashes, this is not always the case.  ]]> On Behalf of Law Office of Thomas B. Schway <![CDATA[Tips for driving in fog]]> https://www.schwaylaw.com/?p=47800 2023-06-01T13:41:43Z 2023-06-01T13:41:43Z Don’t use your high beams First of all, people will often flip on the high beams when they’re trying to increase visibility. But this doesn’t work in the fog because the high beams just illuminate the water particles and make it more difficult to see. You should turn on your low beams and taillights, or you can use your fog lights or running lights instead.

Slow down

As with any inclement weather conditions, you’ll also want to adjust your speed for those conditions. In the fog, it’s usually a good idea to slow down and maintain longer following distances. If something unexpected occurs ahead of you, you’ll have more time to react, even though your visibility isn’t as good as usual.

Move to the side if you have to stop

In some cases, people will drive into a bank of fog, immediately worry about crashing into another car, and decide that they’re going to stop and wait for the fog to clear. They just think that it is too dangerous to keep driving. But if you come to a stop in a travel lane, even with your flashers on, you could simply be creating an extraordinary hazard for drivers behind you. You are now at risk of being rear-ended by someone who can’t see your car at all. That’s why it’s often best to keep moving slowly or, if you think you have to stop, to pull as far as you can off to the side of the road. Even better is to stop and wait in a parking lot. These tips can help, but you can also see how weather conditions can cause severe accidents. If you have suffered injuries caused by another driver’s negligence in poor conditions, be sure to seek legal guidance accordingly.  ]]> On Behalf of Law Office of Thomas B. Schway <![CDATA[3 mistakes people make after a Minnesota car crash]]> https://www.schwaylaw.com/?p=47799 2023-03-06T17:05:14Z 2023-03-06T17:05:14Z mental list of steps to take after an accident. It is equally important for drivers to know what mistakes they should intentionally avoid after a motor vehicle collision. The three mistakes below can all negatively impact someone's rights after a major crash.

1. Moving the vehicles before documenting the scene

Especially if a crash occurs someplace with a lot of traffic, like a busy intersection, or high traffic speeds, like an interstate, drivers may panic and try to move their vehicles as quickly as possible following a collision. Unfortunately, doing so can leave some people at a disadvantage after the crash. When the drivers involved provide conflicting answers about what led to the collision, information about the aftermath of the crash, including video and photos of the placement of the vehicles, could help someone prove what really happened.

2. Agreeing not to notify the police

Sometimes, the person obviously at fault for a crash will try to convince the other driver to not report the collision to the state. However, Minnesota law is quite clear about reporting requirements, and those who do not file a police report may have a very hard time getting compensation through the civil courts or an insurance company later.

3. Choosing to forgo a medical evaluation

Crashes often lead to dramatic injuries that require immediate trauma care. They can also cause injuries that have delayed symptoms. People stressed about their schedule or their finances might try to tell themselves they don't need to see a doctor after a crash. That choice could make it much harder for them to get compensation later. When Minnesota drivers have a plan to protect themselves and take thoughtful steps after a crash, they can minimize the likelihood of experiencing financial hardship because of a collision. It should additionally be noted that getting professional help can be as important as taking proactive and informed first steps after a major motor vehicle collision.]]> On Behalf of Law Office of Thomas B. Schway <![CDATA[What are the most dangerous times of day to drive?]]> https://www.schwaylaw.com/?p=47798 2022-11-29T23:13:00Z 2022-11-29T23:13:00Z National Safety Council (NSC) in no small part helps promote public safety through the careful analysis of reports related to injuries and fatalities. Car crashes are a leading cause of debilitating injury and death in the United States. According to the NSC analysis of crash reports, there are two times of day when your likelihood of a wreck is much higher than usual.

After the sun sets

The most dangerous time to drive is after dark based on the data provided by the NSC. There are many factors that make the nighttime dangerous. Obviously, dark conditions mean reduced visibility and therefore less time to react to issues like a vehicle parked in the street. Beyond that, there are risks related to animal activity, drunk drivers and fatigue that make nighttime driving particularly dangerous.

The afternoon rush hour

In the winter months, the afternoon rush hour might partially occur when the evening sky is dark. However, the risk during the afternoon rush hour is more about the density of traffic and the behavior of people at the wheel. As during the nighttime, the afternoon rush hour between 4:00 p.m. and 7:00 p.m. sees an increased risk of drunk driving caused by those stopping off for a drink on the way home after work. There are also many distracted drivers and people speeding to get where they want to be after a long day at the office. Although you can't reasonably attempt to avoid driving at all during the late afternoon or overnight, you can use more caution during what you know to be times of day with greater statistical risk to your safety. Watching carefully for bad behavior from other drivers could reduce your chances of a motor vehicle collision even during the most dangerous times of the day.]]> On Behalf of Law Office of Thomas B. Schway <![CDATA[Can I make a claim for a repetitive-stress injury at work?]]> https://www.schwaylaw.com/?p=47796 2022-08-29T20:28:20Z 2022-08-29T20:28:20Z What are repetitive-stress injuries? Repetitive-stress injuries are injuries that are usually caused by overusing a body part or using it incorrectly. Some common causes of these injuries include:
  • Awkward positioning of the limbs while working
  • Muscle fatigue
  • Vibration while using machines or tools
  • Contact stress
  • Poor recovery time (for example, working back-to-back shifts with little downtime)
If you are starting to notice that your shoulder is sore after your shift or that your fingers hurt from typing all day, the normal steps to take would be to take some anti-inflammatory medications, rest that part of your body and take it easy until it no longer hurts. Unfortunately, some people don’t have the time to do those things or may not realize that the pain is bothering them until it becomes a much bigger problem. At that point, it may not be enough to go home and rest. They may need more time off from work, physical therapy or even surgery to attend to the damaged area of the body. That’s where workers’ compensation may come into play as they seek compensation for the work-related injury. Workers’ compensation may cover medical care, lost wages and more.

Repetitive-stress injuries and workers’ compensation

With repetitive-stress injuries, the first step is always to identify what exactly the injury is. To do that, you’ll need to see a medical professional for a diagnosis. Workers’ compensation may cover the cost of your medical care and help you identify the core issue, so you can determine if it’s safe to continue working or if you may have to ask for a reasonable accommodation while you work through physical therapy or other treatment options.  ]]> On Behalf of Law Office of Thomas B. Schway <![CDATA[Watch out for rubbernecking to avoid a serious crash]]> https://www.schwaylaw.com/?p=47722 2022-06-03T20:56:44Z 2022-06-03T20:56:44Z distracted driving. When someone looks away from the road at things happening around them, they greatly increase the risk of crossing the center line, going off the road or getting into a rear-end collision.

Why do people get distracted while driving?

People tend to get distracted when they’re driving for a few different reasons. Some include:
  • Being in fight or flight mode after seeing an intense collision
  • Having empathy for what other people are going through
  • Having destructive impulses, which means that they may enjoy witnessing violence or harm
  • Morbid curiosity about what’s happening
  • Attentional blink, which is when people rapidly switch attention from one thing to another
All of these issues can lead to someone rubbernecking, and in all cases, it’s still dangerous to do so. Rubbernecking might help you see what’s happening along the side of the road or where a team of workers is in the roadway, but it’s extremely dangerous to you and others. It’s best if you can avoid doing so by being aware of the fact that it only takes a few seconds for a crash to occur. If you’re not looking ahead at the road, you may miss common hazards like a car pulling out or someone putting on their brakes. That could means that you would hit someone without ever looking up to see the risk of a car crash.

If you get into a crash, know your rights and responsibilities

If you get into a collision with someone who was rubbernecking at the scene of a crash or another scenario, it’s important for you to know your rights. You can ask the other party to cover the cost of your medical care as well as lost wages and other damages you’ve suffered.]]> On Behalf of Law Office of Thomas B. Schway <![CDATA[Who pays after a wreck caused by an uninsured driver?]]> https://www.schwaylaw.com/?p=47720 2022-03-08T21:00:51Z 2022-03-08T21:00:51Z Your no-fault insurance helps protect you Minnesota requires two different kinds of motor vehicle insurance. Every driver needs to carry liability protection that reimburses other people affected by a crash. Drivers also need to have no-fault coverage to protect themselves and the occupants of their vehicles. Minnesota requires at least $40,000 worth of no-fault personal injury protection (PIP) coverage. $20,000 of that goes toward hospital and medical expenses, and the remainder goes toward non-medical costs like lost wages. If you only pay for the minimum amount of coverage, you can potentially seek up to $20,000 from your own policy for lost wages because of your injuries. You also need to have at least $25,000 in uninsured and underinsured motorist protection. That extra coverage can also help supplement your PIP coverage. If you have collision coverage, that can help you cover the cost of repairs to your vehicle or the expense of buying an entirely new one.

What if you have extensive losses?

There are definitely situations that arise where even after making a claim against their own no-fault and collision coverage, a driver still has unpaid bills. The other driver should have carried at least $30,000 in liability coverage for the injuries they caused you. Their lack of coverage will directly affect how much compensation you receive for the crash. If you find yourself in this unfortunate scenario, you may need to consider bringing a civil lawsuit against the driver who caused the crash. Given that they don't have insurance coverage, you could potentially hold them accountable for all of your uncovered losses, so long as their negligence or illegal driving habits caused the crash. Understanding what happens after an uninsured driver hits you could help you handle the situation appropriately.]]> On Behalf of Law Office of Thomas B. Schway <![CDATA[The easiest way to reduce your risk of a winter-weather crash]]> https://www.schwaylaw.com/?p=47718 2021-12-02T22:20:56Z 2021-12-02T22:20:56Z  

Start your morning a little bit earlier once the temperatures drop

Although meteorologists may pride themselves on accuracy and do their best to deliver accurate forecasts, they can predict snow overnight on days when the weather turns out to be clear or fail to predict a storm that blows up out of seemingly nowhere. While watching the news in the evening can help you prepare for the weather the next day, there is never a guarantee of forewarning about snowstorms that will affect your daily commute. Getting up between 10 and 30 minutes earlier, depending on the length of your commute, can help you stay safer. You will have the opportunity to leave earlier if necessary to make up for lost time as you drive more slowly on those dangerous winter roads. Giving yourself the flexibility to adjust your driving habits for weather conditions could potentially help you avoid causing a collision. Trying to drive like you would win the roads are clear won't seem like an issue until you need to maneuver or stop, and then you could lose control of your vehicle. Being able to slow down because you got up a little bit earlier can help you stay calm and in control of your vehicle even in terrible weather.

What should you do after a winter wreck?

The worse the weather is, the more likely you are to experience a delay in having police officers respond to a crash. Keeping winter gear in your vehicle so that you can stay warm regardless of your clothing helps. You may also need to familiarize yourself with how to document a crash in case police officers cannot respond and ask you to file a report later because they have to prioritize collisions with injuries or completely immobilized vehicles. Having a plan already in place if you get into a car crash in the winter months can keep you safer and more comfortable in that stressful situation.]]> On Behalf of Law Office of Thomas B. Schway <![CDATA[Tips to help you work safely on a ladder]]> https://www.schwaylaw.com/?p=47680 2021-09-01T21:16:20Z 2021-09-01T21:16:20Z Your focus should always be safety That personal safety should always be your main goal, even more than getting the job done quickly. You need to know that you are facing massive injury risks, even when doing simple tasks, just from being up so high. You also need to know how to avoid a serious incident, and these tips can help:
  1. Inspect your ladders every time you use them. Never assume they’re still in perfect condition, especially if other workers may have used them.
  2. Consider the condition of the ground where you set that ladder up, along with the angle at which it leans. Even in good condition, a ladder can easily fall if the ground is unstable or if the angle is too steep -- or not steep enough.
  3. Strive to keep two feet and one hand on the ladder at all times, if not both hands. The minimum you shoot for should be three points of contact.
  4. Move the ladder if you feel like you need to lean and reach for something. Never stretch out so far that it tips to one side. Never climb up onto the top rungs.
  5. Beware of weight limits. Even if you are nowhere near that limit yourself, consider the weight of any tools and materials you may have up on the ladder with you.
  6. Consider other safety hazards, such as overhead power lines or doors at the base that could be opened into the ladder.
These tips can help, but accidents and injuries can still occur. You need to know what legal rights you have if you’re hurt on the job.]]> On Behalf of Law Office of Thomas B. Schway <![CDATA[The importance of a three-second following distance]]> https://www.schwaylaw.com/?p=47678 2021-06-09T22:07:00Z 2021-06-09T22:07:00Z three seconds of space when following another car. You can determine how far back you are by looking at the lines on the road or the signs on the shoulder and simply counting off time between vehicles. This helps to adjust the distance depending on your speed, so it’s better to use time than actual space -- such as 10 yards.

Why does this matter so much?

Clearly, you’re doing this to avoid rear-ending that car, but why does the distance matter? After all, you’re traveling at the same speed. If that driver hits their brakes, so will you, and you should both stop in time, right? That’s great in theory, but reaction times are just not that reliable. The front driver will push the brakes and you’ll see their lights come on -- not to mention seeing them start to slow down -- but your own foot won’t instantly be on your own brake pedal. This delay, your reaction time, can cause an accident if you’re too close. You also have to consider things like the size and weight of the vehicle. This is why semitruck drivers often leave more than three seconds. Even if they reacted instantly, they just can’t slow down as fast as a sedan or another passenger car, so they need the extra distance.

What if someone else rear-ends your car?

You can only control your own following distances. Someone behind you may not leave enough space, and they may end up causing an accident that you know they could have avoided. If you get injured in this crash, you must know how to seek compensation. It can cover your medical bills, your lost wages and any other costs that stem from the accident.]]>