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Milwaukee personal injury attorney
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330 East Kilbourn Avenue, Suite 1170
Milwaukee, WI 53202
Gimbel, Reilly, Guerin & Brown, LLP

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Phone414-271-1440

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Wisconsin accident attorney, accident liability, Wisconsin injury lawyerAccidents happen all the time and frequently, injuries occur as a result. But, when the injuries occur due to elements outside of your custody or control, legal recourse may be an option. When you slip and fall on someone else’s property, it may lead to a premises liability case. You need to prove that the property owner is liable for your injuries — that the homeowner was negligent in some way.

When a homeowner hosts a party and invites guests, the homeowner will most likely be liable for any injuries the guests suffer while on the premises. A homeowner owes a duty of reasonable care to guests. This means that a homeowner must provide a reasonably safe environment for guests invited onto the premises. Additionally, homeowners have a duty to prevent dangerous conditions unless the conditions are so obvious that the guests will avoid it.

If you or someone you know slipped and fell on the premises of another as an invited guest, you should contact an experienced premises liability attorney who will be able to assist you in identifying who is responsible for your injuries and provide you with the guidance you need to get the compensation you deserve.

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Wisconsin accident attorney, Wisconsin injury lawyer, Wisconsin wrongful death attorneyThese days, whenever you check the news or turn on the television, it seems when a heavy commercial truck is involved in an accident with a passenger automobile, the automobile driver suffers more serious injuries than the driver of the commercial truck.  This result is all too common due to the basic laws of physics and the vast disparity in weight between these types of vehicles.

A standard large commercial truck can weigh more than 20 times a traditional passenger automobile. Passenger automobiles weigh anywhere between one and two tons, whereas a fully loaded large commercial truck could weigh upwards of 20 tons. The sheer size and weight of a large commercial truck makes it a deadly weapon if it is driven by an inattentive, distracted, or improperly trained driver. For these reasons, trucking companies are required to carefully evaluate and properly train drivers before permitting them to operate large commercial trucks.

Did the Trucking Company Perform its Due Diligence When Hiring the Driver?

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Wisconsin accident attorney, premises liability, Wisconsin injury lawyerPlaygrounds for children are places meant for fun, laughter and life-long memories. But, some playgrounds can be among the most dangerous places for children to play. There are many activities available to keep children occupied, such as swing sets, monkey bars, slides, ladders, etc. Although these activities and obstacles offer children many different ways to socialize, exercise and avoid boredom, they unfortunately provide ample opportunities for children to suffer severe injuries.

According to the United States Consumer Product Safety Commission (CPSC), approximately 200,000 children suffer playground-related injuries each year. The most common injuries sustained at playgrounds involve children falling to the ground from the equipment they are using. In Wisconsin, playground falls are the leading cause of injuries to children between the ages of five and nine. The American Academy of Orthopaedic Surgeons found that the vast majority of injuries suffered by children at playgrounds involve climbing equipment and swings. The types of injuries children suffer range from minor cuts and bruises to fractures and amputations.

Causes of Playground Accidents and Injuries

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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.

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Wisconsin accident attorney, accident liability, Wisconsin injury lawyerMany of the personal injury accidents that transpire within Wisconsin occur on someone else’s property, either inside or outside a building. These types of accidents are identified as premises liability, cases and they can occur on public or private property when dangerous conditions are present.

Dangerous conditions create unreasonable risks of harm. For example, unreasonable risks of harm are found in scenarios involving poorly maintained premises, improperly constructed stairwells, or when premises owners fail to give adequate warning of a dangerous condition. If you, or someone you know, entered a dangerous premise and suffered an injury due to a slip and fall on someone else’s property, you should contact an experienced personal injury attorney as soon as possible. In Wisconsin, the statute of limitations provides only three years from the date of injury to file a claim, thus it is important to act quickly.

The Basics of Liability

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Wisconsin accident attorney, Wisconsin injury lawyer, Wisconsin wrongful death attorneyWrongful death actions arise when the negligence or intentional act of an individual causes the death of another. Wisconsin law outlines who has the right to bring a claim, the time limits within which the wrongful death claim may be brought, and the types of damage that could be recovered under a wrongful death claim.

Who Can File a Wrongful Death Lawsuit?

When death is caused by a wrongful or negligent act, the filing of a civil lawsuit is available only when the deceased person could have pursued the personal injury claim had they still been alive. Usually, the family of the deceased individual or the individual’s estate could file a wrongful death lawsuit against the individual or legal entity responsible for the death of the family member. It is not unusual after murder trials for the family of the victim to bring a wrongful death action against the murderer, even if the individual was not convicted of murder.

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Wisconsin personal injury attorney, Wisconis accident lawyer, drunk driving accidentsCommercial truck drivers have a demanding job. They face long, lonely hours on the road, and their salary is directly related to how hard they are willing to push themselves to keep driving. Consequently, federal law places a variety of restrictions on how long truck drivers are allowed to stay on the road for, in order to reduce the possibility of truck accidents. Unfortunately, many drivers choose to ignore these restrictions, pushing themselves beyond the legal limits. Even more problematically, worldwide research suggests that many of these drivers rely on illegal substances in order to stave off the fatigue and boredom that comes from that type of driving. Drivers who share the road with these trucks should be sure to keep this type of danger in mind. Common Types of Truck Driver Substance Abuse Truck driver substance abuse falls into two main categories, abuse of depressants and abuse of stimulants. Abuse of depressants involves drivers who are using drugs such as marijuana or alcohol when they are behind the wheel. In fact, truck drivers in the United States had the highest incidence of positive tests for alcohol use; 12.5 percent of drivers tested positive. These sorts of drugs can pose a serious danger to drivers sharing the road with truckers because the alcohol and marijuana can impair a driver's concentration, slow their reaction time, and can even cause truckers to fall asleep behind the wheel. The other type of substance abuse that is common for truck drivers is the abuse of stimulants, drugs like cocaine and amphetamines. Truckers often use these sorts of substances to stave off fatigue and keep driving longer. While the fact that these drugs help keep drivers more alert may seem like a good thing, they come with a host of dangerous side effects. Truck drivers using stimulants behind the wheel may experience dizziness, impaired concentration, altered reaction times, and even hallucinations. Responding to a Truck Accident This prevalence of substance abuse among truck drivers adds an extra dimension to the way in which people should respond to trucking accidents. Acquiring evidence of possible substance abuse during the crash can make it easier to prove fault in the case. People should also be aware of the special laws related to substance abuse that apply to truck drivers. For instance, the Federal Motor Carrier Safety Administration has placed a lower legal BAC limit on truck drivers. Rather than the ordinary 0.08 percent legal limit, truck drivers are considered intoxicated if their BAC rises above 0.04 percent. Trucking accidents can lead to serious injuries because of commercial trucks' massive size. If you have been injured in a trucking accident, and want to learn more about your rights, contact a skilled Milwaukee personal injury attorney today. Our team of lawyers is here to help you fight for the full and fair compensation that you deserve.

 

Wisconsin personal injury attorney, Wisconis accident lawyer, car crashesRecently, the Wisconsin state Assembly voted on a measure that would increase the speed limit on certain highways from 65 mph to 70 mph. The bill passed by a vote of 76 to 22, and it now moves to the Senate where it is also expected to pass. The bill, Assembly Bill 27, gives the Department of Transportation the authority to increase the speed limit on freeways and expressways in the state. However, there are some concerns that the new speed limit will lead to an increase in the number or severity of traffic accidents. Consequently, drivers should be one the lookout for new speed limit signs, and should exercise extra care on highways.

The New Bill

If the new bill passes the senate, it would increase the speed limit on freeways and expressways across the state. Importantly, the bill has special definitions of freeways and expressways, so that the increase will be uniform. A freeway is a state highway with four or more lanes separated by a barrier that has limited intersections. An expressway is defined similarly, though the expressway must also be recognized as such by the Wisconsin Department of Transportation.

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Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee car crash attorneyPersonal injury and traffic accident trials are about assigning fault. The court determines who was at fault in the accident, and then it awards damages to the injured parties. Sometimes this fault determination is simple and straightforward. If a drunk driver runs a red light and crashes into the side of a car that was following the traffic laws, the accident was the drunk driver's fault. However, not every accident is so clear. There are some cases where neither side was driving as carefully as they should have been. In the past, courts would have simply said that no one could recover since any level of carelessness made that accident the fault of both parties. That is no longer true. Now courts invoke the legal doctrine of comparative negligence to determine how to assign fault.

Comparative Negligence

Comparative negligence is a statutory legal doctrine created by the Wisconsin legislature that instructs judges and juries about how to handle accidents where both sides were being somewhat careless. The idea behind the doctrine is that juries are supposed to determine what portion of the accident each party was responsible for, which is usually expressed in percentages. For instance, one party might be 25 percent responsible for the accident and another party might be 75 percent responsible for the accident. People are then allowed to recover from anyone who was more at fault for the accident than they were.

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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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