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Posted on in Personal Injury

Wisconsin personal injury attorney, Wisconsin accident lawyer, Wisconsin car crash lawyerTraumatic brain injury is a major cause of death and disability in the United States, and contributes to almost one third of all injury deaths. According to the CDC, there are over 125 deaths every day in the United States in which traumatic brain injury was a factor, and those who survive a traumatic brain injury may face effects lasting a few days to major disabilities that may last the rest of their lives.

Everyone runs the risk of a traumatic brain injury, especially children and elderly people.  Traumatic brain injuries occur in many ways, and if you or a loved one has received a traumatic brain injury, you need a skilled personal injury attorney to pursue fair compensation on your behalf. Some of the ways traumatic brain injury can occur is by falling, in a motorcycle or car accident, through the use of defective products, or being hit by a projectile.

Traumatic brain injuries also can happen during childbirth. Brain injuries are often extremely difficult to detect, especially where all the damage occurs on the inside and there are no external lacerations or bruising to indicate there has been a trauma. Often the symptoms or effects of a brain injury do not arise until long after the incident that caused it took place, which adds another layer of difficulty to getting compensation by the responsible party or parties for your injury.

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Posted on in Car Accidents

Wisconsin personal injury attorney, Wisconis accident lawyer, Wisconsin car crashe lawyerIn mere seconds, the negligent conduct of another can significantly change your life. Accidents come in all shapes and sizes, and some happen in the most unusual of circumstances. In order to recover for any injuries you suffered, you need to prove that the negligent conduct of the other party caused your injuries.

In order to prove negligence, you need to prove that the other party owed you a duty, breached that duty, the breach caused your injury and that you suffered damages as a result of the negligent conduct. Under Wisconsin law, if you contributed to the accident, then you will be deemed to have been comparatively negligent; here, any recovery you are entitled to will be reduced by the percentage of your negligence or completely barred if you are over 51 percent negligent.

Comparative Negligence and Recovery for Damages

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Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee car crash attorneyRecently, the country, like many around the world, sprung forward into daylight savings time, and in doing so increased drivers' risk for suffering a serious car accident. The spring adjustment for daylight savings time subtracts an hour from everyone's sleep, and some research suggests that the change in sleep patterns makes people less attentive drivers. This, along with other potential health concerns, has led to suggestions to remove daylight savings from the calendar, since it no longer serves its original purpose. Yet, some other research suggests that it may actually have beneficial safety effects from a traffic perspective.

Why Have Daylight Savings Time

In some sense, people observed daylight savings time for much of human history since strict scheduling and precise times were not kept. Instead, farmers would simply adjust their schedules based on sunrise and sunset. However, the advent of trains, which crossed the country and ran on precise schedules, led to a standardization of times across the world. This created problems because the standard times would not always line up well with the daylight.

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Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee car crash attorneyMany people's first experience with the legal system comes by way of a traffic accident. In fact, with over a hundred thousand accidents every year, according to statistics published by the Wisconsin Department of Transportation, everyone is likely to be in multiple traffic accidents over the course of their lives. Some people may wonder about what good traffic laws are if there are still so many accidents, but it turns out that, in addition to preventing accidents, traffic laws are also useful during traffic accident lawsuits. This is because an accident victim must show that the person who injured them was “negligent” in order to recover, and showing that someone violated traffic laws is a good way of showing negligence.

What Negligence Means

Negligence is a legal term with a specific meaning, but that specific meaning closely tracks how the word is usually used. Showing someone was negligent means showing that they were not being as careful as they should have been. In order to prove negligence in court, a victim must demonstrate four things, known as the elements of negligence:
  • First, a victim must show that the person who injured them had a duty to be careful. While there are some scenarios where this is in question, drivers on the road almost always have a duty to each other.
  • Second, the victim must show that the defendant “breached” that duty, meaning that they somehow acted carelessly.
  • Third, the victim must show that the careless act caused something to happen, such as a traffic accident.
  • Fourth, the victim must show that they were injured by whatever the defendant's carelessness caused.

Much of the dispute in court will center on whether the defendant was being careless. This is something of a difficult thing to show because the amount of care a person was taking is not something that can be easily measured. However, the violation of traffic laws can often help with this, thanks to a doctrine known as per se negligence.

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Wisconsin personal injury attorney, Wisconsin auto accident lawyer, Milwaukee car crash lawyerIn Wisconsin, the use of a mobile device while driving is considered a primary offense. This mean a driver can be ticketed for texting while driving or for using a cell phone, even if hands-free, while driving without first being pulled over for another type of traffic violation.

There are several types of distracted driving that put people on the road in danger, including:

  • Eating and drinking;
  • Reading maps;
  • Grooming; and
  • Using a navigation system.

However, the frequency of mobile device use can be directly linked to increased distracted driving accidents. According to Distraction.gov, as of this time last year, over 153 billion text messages were sent each month and a high number of those were sent while driving. Additional statistics from the website show that a quarter of teens respond to texts once or more every time they drive.

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Posted on in Car Accidents

Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee personal injury, lawyerWisconsin drivers put themselves at risk every time they get behind the wheel. In fact, according to statistics compiled by the Wisconsin Department of Transportation, there are over 100,000 traffic accidents every year on Wisconsin roads, and around 30,000 of those accidents result in injuries. It is important for drivers to understand the types of car accident injuries that can occur because there are some that reoccur commonly. These types of injuries can be broken down into three categories: general blunt trauma injuries, neck and back injuries, and traumatic brain injuries.

 Blunt Trauma

Some of the most common types of car accident injuries are the ones that a person would expect based on the fact that car accidents involve impact trauma. Things like broken bones, sprains, strains, and severe contusions are all possibilities. While these types of injuries may not be as serious as other injuries that arise from traffic accidents they can still be painful, expensive, and take months to heal.

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Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee car crash attorneyWhen looking to assign fault in a traffic accident, most people focus on the two drivers involved. Yet, they are not the only people with control over the situation. There are times when the crash happened because of a mistake made by the car's manufacturer or designer - resulting in a vehicle defect - rather than by either of the drivers who were in the crash. From this standpoint, there are three major mistakes by a car company that can cause an accident: manufacturing defects, design defects, and failure to warn or properly instruct consumers about the danger.

Manufacturing Defects

One possible way that a car company could be at fault for a crash is if there was a manufacturing defect. A manufacturing defect occurs when the car is properly designed and should be safe, but there is an error in how it is put together. For instance, if a car is assembled at the factory in such a way that the brake pads are likely to fall off, that would be a manufacturing defect. In order to recover for a manufacturing defect, a victim must show five things:

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Wisonsin personal injury attorney, Wisonsin car crash lawyer, wrongful death lawsuitWisconsin state officials are celebrating the continued trend of declining traffic accident deaths on Wisconsin roads. In fact, the last time Wisconsin streets saw as few deaths as they did in 2014 the year was 1943. That statistic is particularly impressive given how many fewer drivers there were on the road in the 1940s. In fact, some estimates put the number of drivers in the 1940s as just 10 percent of what they are today. Although a variety of factors may play a role in this trend of decreasing traffic fatalities, much of it appears to be attributable to drivers’ own increased caution and safe driving decisions.

The Statistics

Wisconsin traffic fatalities have been falling over the past two years. 2013 saw only 517 fatalities, and 2014 figures were even lower, registering just 482. In fact, this drop in traffic deaths is part of a larger trend. Other Midwestern states have been seeing similarly declining fatality rates. Traffic safety officials have put forward numerous different explanations for these positive numbers.

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Wisconsin personal injury attorney, Wisconsin car crash lawyer, car crash, injuriesWinter is coming, which means that inclement weather is on the way. According to the Federal Highway Administration, it also means a spike in traffic accidents. While Wisconsin drivers are familiar with driving in ice and snow, they may not be so familiar with the legal ramifications for it, particularly if there is an accident. Although many drivers are content to blame the increase in accidents during bad weather on the weather itself, the law is not so forgiving. Courts still often assign fault to one of the drivers in these traffic accidents, so it is important for drivers to understand their duties in bad weather.

Traffic Accidents during Bad Weather

The issue that many drivers face in bad weather is that they do not understand the difference between speeding and “excessive speed.” Speeding is a traffic violation that involves going faster than the posted speed limits. Those speed limits were designed with dry, clear weather in mind, so it is entirely possible to be going the speed limit and still be going too fast under the law.

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traffic accidents, Wisconsin auto accident attorney, Wisconsin personal injury lawyerLast year the Milwaukee-Wisconsin Journal Sentinel named Highway 100, northwest Milwaukee, and area malls as having intersections with the most car accidents in Milwaukee County from 2007-2011. It should come as no surprise that the high volume of cars in mall parking lots is what has led to the annually high number of crashes. With the upcoming holiday season inviting an influx of shoppers, collisions should remain constant as reflected in recent years.

Fender benders are common in congested places and what might seem like a minor accident can turn into a major headache down the road. Understanding the claim process is helpful in order to correctly gather all pertinent information necessary for requesting compensation for damages.

Drivers who have been involved in a car accident need to collect all documentation of the incident, including any records pertaining to required medical care. There is a statute of limitations when filing a claim that personal injury victims should also keep in mind.

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