Go to Homepage
Blog
330 East Kilbourn Avenue, Suite 1170
Milwaukee, WI 53202
Gimbel, Reilly, Guerin & Brown, LLP

EmailEMAIL US

Phone414-271-1440

Subscribe to this list via RSS Blog posts tagged in car crashes

Posted on in Car Accidents

Wisconsin injury attorney, Wisconsin accident lawyerCar seats are designed to protect children in the event of a crash. However, studies reveal that as many as 95 percent of all car seats are not being correctly installed or fully utilized for child safety. Know how to ensure that you have installed it accurately, and how you can make the most of the safety features available to protect your baby, should you ever experience an automobile accident.

Use a Car Seat for Every Ride

Nearly every parent has faced the temptation of forgoing the car seat. Maybe it is just for a quick drive around the corner. Or maybe it is because your car has stalled out, you had to call a tow truck, and you do not want to hassle with moving the seat, just to put it back in later. Do not give in! Children’s bodies are smaller and still developing. They are simply not able to sustain the impact of a crash in a regular seat belt, and holding them could actually increase the risk of serious injury to both you and your baby. So, no matter how inconvenient it may be, use a car seat for every ride, long and short, near and far.

...
Wisconsin accident attorney, injury liability, Wisconsin car crash lawyerEach November, the Department of Transportation releases preliminary information on the state’s automobile accidents and fatalities. Sadly, it appears that there were more injuries and fatalities in 2015 than 2013 and 2014. This was also an increase in alcohol-related injuries and fatalities, which were both higher than the previous four years. General 2015 Accident and Collision Statistics According to preliminary results, there were 111,791 total accidents and collisions in 2015. Of those, 82,191 resulted in property damage and 29,036 resulted in injury. There were also 509 total fatalities. These death and injury rates are higher than both 2014, in which there 451 fatalities and 28,801 injuries, and 2013, in which there were 491 fatalities and 28,474 injuries. Overall fatality rate increased by .11 percent from the previous year (0.89 percent in 2014 compared to 1 percent in 2015). Alcohol-Related Crashes With a total of 5,491 crashes in 2015, drunk driving accidents were significantly higher in 2015 than in the previous four years (4,932 in 2014; 4,954 in 2013; 5,024 in 2012; and 5,297 in 2011). A total of 218 fatalities and 3,171 injuries occurred because of  drunk driving accidents in 2015. These, too, were higher than in previous years (162 fatalities and 2,694 injuries in 2014; 185 fatalities and 2,660 injuries in 2013; 2,907 injuries in 2012, and 2,984 injuries in 2011). However, the fatalities from drunk driving accidents in 2011 and 2012 were higher than in 2015 (225 and 223, respectively). Speed-Related Crashes In all, Wisconsin saw 18,389 speed-related accidents, which caused 7,828 injuries and 167 fatalities. Overall, there were fewer crashes than in the previous two years (20,887 in 2014 and 21,290 in 2013). However, more fatalities were attributed to speed-related crashes in 2015 (163 in 2014 and 156 in 2013). Motorcycle Crashes For motorcyclists, 2015 proved to be a more dangerous than the previous two years, with 2,376 total crashes, 91 fatalities, and 2,161 injuries. These rates are compared to 2,101 accidents, 67 fatalities, and 1,914 injuries in 2014, and 2,150 crashes, 83 fatalities, and 1,927 injuries in 2013. Pedestrian and Bicycle Accidents Pedestrians were involved in more crashes in 2015 than in 2014 (1,244 versus 1,183). They also experienced more injuries (1,244 in 2015 compared to 1,119 in 2014) and fatalities (45 in 2015 compared to 42 in 2014) than in the previous year. Bicycle accidents were also higher for 2015 than the year, with 1,055 accidents in 2015 (compared to 925 in 2014). Fatalities (10 versus 4) and injuries (976 versus 844) were also higher for 2015 when compared to 2014 bicycle accident rates. Involved in an Accident? Seek Representation with a Skilled Accident Attorney There are likely a number of factors have contributed to the overall increase in accidents during 2015, however, regular, everyday, working individuals are still in pain, receiving medical care, missing work, or no longer alive because of these accidents. If you or someone you love happened to be one of them, you may be entitled to compensation. The skilled Milwaukee automobile accident attorneys at Gimbel, Reilly, Guerin & Brown, LLP, can help. Dedicated to serving the needs and best interest of automobile accident victims, they can ensure your rights are protected and will thoroughly investigate your situation to build a strong case. To find out more, call 414-271-1440 and schedule your consultation today.

Source:

http://wisconsindot.gov/Pages/about-wisdot/room/statistics/final.aspx

Wisconsin accident attorney, accident liability, Wisconsin injury lawyerIn any personal injury case, fault is one of the most critical elements that you have to prove. The person at fault, the one whose negligence caused the accident, is the person typically responsible to pay for the damage caused by the accident. In some cases, it is very clear who caused the accident. But in many cases, it might be unclear who is at fault. Under the laws of Wisconsin, if it is unclear who caused the accident, rules of contributory negligence and comparative fault will come into play.

Historically, contributory negligence meant that, if you played even the slightest role in the accident, and suffered an injury, you were not able to recover for your damages. However, Wisconsin adopted the modified comparative fault rule, which means that you can recover for your injuries in an accident to which you contributed, so long as your fault was less than 51 percent.

Comparative Fault Cases

...

Wisconsin accident attorney, accident liability, Wisconsin injury lawyerTypically, every individual involved in automobile accident carries insurance to cover medical and property damage to all those involved. This is because almost every state, including Wisconsin, requires every driver of an automobile to maintain continuing insurance coverage. But sometimes, a driver’s automobile coverage will lapse or the driver may neglect to carry automobile insurance.

According to the Wisconsin Department of Transportation, the Uninsured Motorist/Safety Responsibility law was enacted in 1945 to deter individuals from driving uninsured vehicles and to protect citizens who suffer property or medical damages from motorists who fail to carry insurance. The law applies to all drivers and anytime an automobile is involved in an accident, the Wisconsin Division of Motor Vehicle performs an inquiry to determine if all drivers involved in the accident were insured. If a driver is uninsured, their license and motor vehicle registration will be suspended.

Typical Options Available after Automobile Accidents

...

Posted on in Personal Injury

Wisconsin accident attorney, Wisconsin bicycle accident lawyer, Wisconsin injury lawyerBicycle accidents, especially ones involving motor vehicles, can result in serious or life-threatening injuries. In Wisconsin, almost every time a bicyclist is involved in a motor vehicle accident, he or she is likely to suffer injuries. In 2012, over 1,100 bicyclists were involved in accidents, and 1,049 suffered injuries while 11 were killed as a result of the accident. This translates to an average of one bicyclist injured every 8.3 hours. As recently as March 24, 2015, a 22-year-old Sheboygan native was riding his bicycle in the morning when a pickup truck collided with him. He suffered injuries as a result of the accident and died the next day.

Bicyclists and motor vehicle operators are required to obey the rules of the road. Generally, these rules include exercising ordinary care for their own safety and the safety of others. They are also required to obey the traffic laws.

If you were riding your bicycle and suffered injuries as a result of a motor vehicle accident, you should consult a bicycle accident attorney who will assist you in getting the compensation you need and deserve.

...

Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee car crash attorneyOne of the most difficult things for people to deal with in relation to traffic accidents and verbal statements is the fact what they say early in the process can have powerful impacts later on. People involved in traffic accidents will end up dealing with complex bureaucracies like the police department and insurance companies. People should understand that things they say at the scene of the accident or when talking to insurance companies can be used as evidence against them later in the case. In fact, people can even accidentally settle their claims without meaning to when talking to insurance companies because the law and legal ethics give clients a wide degree of authority to settle their own cases.

What Not to Say to Police

The first place many people make mistakes with regard to saying things they should not is when they are talking to the police after an accident. When people get into a traffic accident, it is important to call the police. This will usually involve an officer coming to the scene and taking statements from both drivers. It is important to be truthful when giving these statements, but it is also important not to volunteer more information than a person has access to.

...

Posted on in Car Accidents

Wisonsin personal injury attorney, Wisonsin car crash lawyer, Wisconsin wrongful death lawyerAlthough no one likes paying their car insurance bills every month, that insurance coverage can end up being vital if a driver is involved in an accident. However, carrying car insurance is more than just a good idea. It is also required by the Wisconsin Department of Motor Vehicles. People who are at fault in a car accident and uninsured can see their licenses suspended if they do not find a way to pay the damages. However, despite this incentive, there are still plenty of people on the road who do not carry car insurance, and drivers should be aware of their options in case they end up involved in a car accident with an uninsured motorist, such as uninsured motorist (UM) insurance, looking for other potential defendants, and pushing forward with a lawsuit anyway.

UM/UIM Coverage

One of the most common solutions that people have access to when involved in an accident with an uninsured motorist is to take advantage of their own UM insurance coverage. UM insurance coverage allows drivers to file claims against their own insurance company in the event that they are involved in an accident with someone who does not have the insurance to cover their damages. Despite the name, UM coverage applies to both uninsured motorists and underinsured motorists, so people may have a claim in the event that the other driver's insurance does not fully cover their injuries.

...

Wisonsin personal injury attorney, Wisonsin car crash lawyer, the legal process, civil lawsuitsFiling a lawsuit quickly after a traffic accident occurs is important because the sooner the process starts, the sooner the victim can be compensated for his or her medical bills and other injuries. However, there is another important reason to file a lawsuit quickly: the statute of limitations. The statute of limitations is a time limit that the law puts on filing a case. Wait too long and a victim's opportunity to recover damages for the harm that he or she suffered can vanish. While this may seem like a harsh rule, there are good reasons for it to be in place, and it is important for people injured in accidents to understand these statutes.

The Statute of Limitations in Wisconsin

Statutes of limitations are time limits that vary depending on the type of case. A suit for breach of contract may have a different time limit that a suit for medical malpractice. Under Wisconsin law the statute of limitations in a personal injury case, the type of case arising from a traffic accident, is three years. This means that people have three years from the date of the accident to file a lawsuit over it.

...

Posted on in Car Accidents

Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee traffic accident attorneyLawsuits arising out of car accident claims are about assigning fault to the person who caused them, so that they can compensate the victims of the accident that they caused. When most people think of who caused an accident, they assume it must have been one of the drivers, but that is only one of the possibilities. With over 100,000 crashes in Wisconsin every year, there are also other potential causes. For instance, some accidents are the result of poor design or manufacturing on behalf of car makers. Other accidents can be caused by poor design of the roads themselves. Each of these causes requires its own legal theory during the lawsuit.

Negligence

The legal theory of negligence is the most common of the three legal theories. It applies in cases where the accident was caused by the carelessness of one of the drivers. Prevailing in a lawsuit based on negligence requires the plaintiff to prove four things. First, the plaintiff must show that the other driver had a duty to use due care to avoid harming other drivers, which is almost always true. Second, the plaintiff must show that the defendant breached that duty in some way. These breaches are examples of careless driving, such as speeding or driving while distracted. Third, the plaintiff must show that the accident was caused by the defendant's carelessness. Fourth, the plaintiff must demonstrate that the injuries that they are suing for resulted from the accident. If the injured driver can show those four things, then they can likely prevail on a negligence claim.

...

road construction, Wisconsin car crash attorney. Wisconsin injury lawyerPreventing the deadly crashes that lead to personal injury lawsuits is the responsibility of a lot of different parties. Drivers have a duty to use caution whenever they get behind the wheel. Automotive manufacturers are obliged to design and build safe cars for the drivers to use. Even state and local governments play a role, making sure that the roads and bridges are up to proper safety standards.

As a part of that ongoing effort, the Transportation Projects Commission has recently recommended three separate highway projects to the governor and the legislature. These three projects each focus on roads that have accident rates that exceed the national average. All told, the total price tag for the projects would be $670 million.

The Transportation Projects Commission

...
Back to Top