McCullough & Associates

10/26/2023

Everyone at McCullough & Associates hopes you have been enjoying this fall season.

08/21/2020

BICYCLE ACCIDENTS AND LAWS IN MINNESOTA

More and more Minnesotans are riding bicycles so we thought we would share what to do if you are unfortunately in an accident on a bike.

Every state has its own special laws covering bicycle traffic and in addition, numerous cities or municipalities have additional separate laws controlling bicycle traffic on public highways.

Basically, a bicyclist in Minnesota has the same rights as a driver of a motor vehicle except that generally, bicyclists must ride as close to the right-hand side of the road as is practical. As for the Minnesota State bicycle laws, you can review all the special laws applying to bicyclists on public streets and highways and in some instances, on sidewalks if you are within the city, by looking to the internet at Minnesota Statutes 169.011, available online. You should familiarize yourself with all of those laws before you or your children use the public highways and streets in Minnesota, and then check with the ordinances of the city to determine any additional or supplemental laws governing bicycling.

If you or your loved one are ever unfortunate enough to be injured on a public highway or street, there are a number of things you should do to protect yourself or others as follows:

Call 911 for law enforcement to come to the scene.
Remove yourself from any danger such as surrounding traffic.

Obtain medical care immediately if the injuries require medical intervention.

Take numerous photos of the bicycle, the area of the impact, and the other vehicle(s).

Obtain information of the other driver(s) such as name, address, insurance information, etc.

Cooperate fully with the investigating officers.

Call an experienced trial attorney to get further instructions.

McCullough Injury Lawyers are here for you if you are in a bike crash. Call us 24/7 at 651-772-3446 for help.

Some things you should NOT do:

Do not admit that the crash was your fault (ex: saying “sorry”) or otherwise give a statement either in writing or recorded to anyone except your attorney.

Do not remove your bicycle or any debris from where the accident happened unless directed to do so by a peace officer or investigating officer.

Do not call your insurance company and give them a statement until you first call your attorney.

Do not give a written or recorded statement to anyone until you first call your attorney.

An experienced trial lawyer can help you navigate through the complicated legal issues to help protect you in making an appropriate claim, which might be not only against the party(s) that struck you but also against your own insurance company under the no-fault laws of Minnesota and the underinsured and uninsured motorist coverage laws in Minnesota.

02/12/2020

Winter Driving TIps:

A cold Arctic winter blast is arriving in the Twin Cities, and as snow and ice lines the streets and highways and temps drop to sub-zero, the chance of having a crash on the roads increases.

#1 Slow down! It’s harder to control or stop your vehicle on a slick or snow-covered surface. Let other vehicles go around you if necessary. Accelerate and decelerate slowly. You should increase your following distance to 6-7 seconds.

#2 Don’t crowd a snowplow or travel beside it. Snowplows travel slowly, make wide turns, stop often, overlap lanes, and exit the road frequently. However, the road behind an active snow plow is safer to drive on. If you find yourself behind a snowplow, stay behind it or use caution when passing.

And if worst comes to worst and you are in a crash, stopped or stalled in wintry weather, follow these safety rules:·

Stay with your car and don’t overexert yourself.· Put bright markers on the antenna or windows and keep the interior dome light turned on.· To avoid asphyxiation from carbon monoxide poisoning, don’t run your car for long periods of time with the windows up or in an enclosed space. If you must run your vehicle, clear the exhaust pipe of any snow and run it only sporadically — just long enough to stay warm.

We sincerely hope you, your friends or family are not so unfortunate as to be involved in a collision, but if you are call McCullough & Associates, P.A. at 651-772-3446 for more information on how we can help you. We have years of experience helping injured victims and we’ve collected tens of millions in verdicts and settlements for past clients and our focus is getting you the compensation you deserve.

09/06/2019

Ending a marriage isn't an easy thing to deal with, but instead of dwelling on it being over, try to think of it as the start of something new. A positive attitude can make a huge difference in starting the healing process.

If you have questions about the process of starting a divorce, contact McCullough & Associates, P.A. at (651)772-3446.

Sudden loss is more devastating and disorientating than one we can see coming,

08/28/2019

WHAT ARE PRENUPTIAL AGREEMENTS?

(PART II)

A prenuptial agreement (formally known as an “antenuptial agreement) is a written contract between two people entered into before their marriage. Typically, prenuptial agreements have a listing of all of the assets (tangible and intangible), and debts of each soon to be spouse. In the event of a legal separation or a divorce, the prenuptial agreement can provide for the division of property as well as determine the issue of spousal maintenance. The agreement may also set forth the distribution of assets and property in the event of the death of one spouse.

Prenuptial agreements can be useful tools for individuals planning to marry where one or both of the parties have significant assets. They are also popular in second marriages because parties who have been married before generally have assets and property that they would like to have passed on to their children and grandchildren, rather than to their subsequent spouse. To ensure that a prenuptial agreement is valid and fair to both parties, there must be a full and fair disclosure of the earnings and property of each party and the parties must have an opportunity to consult with legal counsel of their own choice.

At McCullough & Associates, we are here to help you navigate the complexities and legal nuances of prenuptial agreements. Our attorneys have almost 50 years of combined experience and handle many complex, high net worth cases. If you need assistance with a prenuptial agreement, contact our office today to set up an appointment.

07/17/2019

What Are Prenuptial Agreements and What’s the Difference Between a Postnuptial Agreement?

A prenuptial agreement, often called a “prenup” and formally known as an “antenuptial agreement”, is a written contract between two people that is entered into before their marriage. Antenuptial agreements are primarily used to determine how assets will be divided in the event of a legal separation, divorce, or death of either spouse.

Antenuptial agreements are only valid and enforceable if (1) there has been a “full and fair disclosure” of each partner’s assets and income; and (2) both partners have had an opportunity to consult with legal counsel of his or her choice regarding the antenuptial agreement.

A postnuptial agreement is similar to an antenuptial agreement in that it primarily addresses how assets will be divided in the event of legal separation, divorce, or death, however, a postnuptial agreement is entered into after the spouses have married, rather than before the spouses have married. Postnuptial agreements must comply with the same requirements for an antenuptial agreement. It should also be noted that a postnuptial agreement is presumed to be unenforceable if either spouse files for a legal separation or a divorce within two years of signing the agreement. This presumption may be overcome if one spouse can establish that the postnuptial agreement is “fair and equitable.”
Antenuptial agreements and postnuptial agreements both require that the agreement must be (1) in writing; and (2) signed in the presence of two witnesses and a notary. In addition, an antenuptial agreement must be entered into prior to the day of solemnization of marriage.

Please call or message us to discuss your specific situation.

Disclaimer: Our posts and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

07/04/2019

The team at McCullough & Associates wishes you a happy and safe holiday weekend! Happy 4th of July!!

06/21/2019

Always a great feeling to get a special thank you from a client who is satisfied with their results from our firm!

06/06/2019

Did you know? According to MN Law, an individual that is injured in a car accident caused by a drunk driver may also have a claim against the establishment that served them the alcohol. This means that any establishment that serves alcohol may be held accountable for continuing to serve someone that was already intoxicated. Have you been injured by a drunk driver? Call us today for a consultation. (651) 772-3446.

05/15/2019

Wedding season is officially upon us and our experienced team here at McCullough & Associates can assist you with a prenuptial agreement to start your marriage off on the right foot! Check out this article about 10 good things to know about prenuptial agreements!

https://www.forbes.com/sites/christinefletcher/2018/09/18/10-things-you-need-to-know-about-prenups/

04/26/2019

https://www.psychologytoday.com/us/blog/the-new-normal/201708/obstacles-mental-health-care-in-auto-accident-cases

The politics of therapy

04/16/2019

Is it really illegal to pass a state line with a duck on your head? Is it true that mosquitoes are legally considered a public nuisance in MN? Is every man in Brainerd really required to grow a beard?

Check out whether or not these wacky laws really hold up in the great state of Minnesota!!

Thousands of web sites list “Dumb Laws” or “Stupid Laws” for cities and states around the U.S., including Minnesota. We’ve spent time researching some of the weirder Minnesota laws mentioned and have found that for the most part they are fictitious. That said, there still are some weird la...