The woman, Jessica Howe, was charged today with criminal vehicular homicide in Anoka County.

A reconstruction of the accident determined that Howe was driving 55 miles per hour when the speed limit was 40. According to the accident report, Howe’s car left no skid marks, meaning she did not even try to stop, which makes sense since she said she was looking for her cell phone.

According to the Minnesota Department of Public Safety:

Each year in Minnesota, distracted or inattentive driving is a factor in one in four crashes, resulting in at least 70 deaths and 9,000 serious injuries. The Office of Traffic Safety estimates these numbers are vastly underreported due to law enforcement’s challenge in determining distraction as a crash factor.

Talking on a cell phone while driving is an especially dangerous form of driver distraction. A few states have made it illegal to use a cell phone while driving.  In Minnesota, texting while driving is prohibited but talking on a cell phone while driving is still not illegal with a few exceptions.  It is time to ban cell phone use while driving.

For more information, please see “Accident Caused by a Cell Phone.”

The injured party can ask for punitive damages, which, depending on the circumstances, can be significant.  For example, our Minnesota car accident lawyers won $6,000,000 on behalf of a 26 year-old female passenger whose right leg was amputated when the motorcycle on which she was a passenger was struck by a drunk driver.  Contact Attorney Fred Pritzker about this and other settlements and verdicts for victims of drunk driving accidents.

Even though there are severe criminal and civil consequences, drunk driving continues to be a problem in Minnesota.

According to the Minnesota Department of Public Safety, July Operation NightCAP (nighttime concentrated alcohol patrol) DWI enforcement campaigns resulted in 196 DWI arrests — the highest monthly total for DWI arrests in 2009. NightCAP is funded by the National Highway Traffic Safety Administration and is coordinated by the Minnesota Department of Public Safety.

NightCAP targets the 13 deadliest counties for impaired driving: Anoka, Blue Earth, Crow Wing, Dakota, Hennepin, Itasca, Ramsey, Rice, St. Louis, Sherburne, Stearns, Washington and Wright. During 2005–2007, these counties accounted for more than half of the state’s alcohol-related deaths (272) and serious injuries (663).

NightCAP efforts have generated 1,284 DWI arrests since enhanced DWI patrols began in fall 2008: Anoka (372), Blue Earth (89), Crow Wing (26), Dakota (61), Hennepin (270), Itasca (36), Ramsey (165), Rice (43), St. Louis (61), Sherburne (66), Stearns (36), Washington (36) and Wright (23).

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The five counties are Ramsey, Rice, St. Louis, Sherburne and Stearns.

According to the Winter 2009 newsletter of the Office of Traffic Safety, law enforcement officers will target various traffic corridors and mark them with illuminated “DWI Arrest Zone” signs. The officers also will patrol other roads in search of motorists who attempt to circumnavigate the high-visibility DWI enforcement areas.

As car accident lawyers who represent injury victims of alcohol-related crashes, the firm of PritzkerOlsen Attorneys applauds the measure. In 2008, a series of special DWI enforcement efforts resulted in 52,833 vehicle stops resulting in more than 3,000 DWI arrests — one arrest per 17 traffic stops.

Under Minnesota Statute, Section 169A, it is a violation of Minnesota law to drive with an alcohol concentration of .08 or more.  If someone violates this law, it is prima facie evidence of negligence in a civil case (Minnesota Statutes, Section 169.96 (2006).

In a civil action against a drunk driver, the injured party can ask for punitive damages, which, depending on the circumstances, can be significant.  For example, PritzkerOlsen won $6,000,000 on behalf of a 26 year-old female passenger whose right leg was traumatically amputated when the motorcycle on which she was a passenger was struck by a drunk driver.

Special DWI enforcement initiatives can help reduce the chances of such accidents ever happening.

According to the Office of Traffic Safety, the state’s 13 deadliest counties for impaired driving are Anoka, Blue Earth, Crow Wing, Dakota, Hennepin, Itasca, Ramsey, Rice, St. Louis, Sherburne, Stearns, Washington and Wright. The 13 counties accounted for nearly half of the state’s alcohol-related deaths (272) and serious injuries (663) during 2005-2007.