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Recent Blog Posts
U.S. Government’s $4 Billion Investment Could Make Self-Driving Cars on the Road a Reality
Intended to improve road safety, self-driving cars may be one step closer to becoming a reality after the U.S. government pledged to invest $4 billion into advancing their testing and development. Unfortunately, there are still a number of hurdles to overcome before these high-tech vehicles become mainstream, particularly in terms of overall safety.
Autonomous Cars – the New American Dream
Each year, nearly 1.3 million people die on American roadways, and another 20-50 million are injured in automobile accidents. But what would life be like if we could completely eradicate these deaths? And how much easier would life be if we could drive to work while reading, using our devices, or enjoying the scenery without compromising safety? This is the idea behind autonomous cars — transportation that is both safer and more enjoyable. But is this technology truly a reality?
Driver Disengagement Still Needed
A handful of companies already have autonomous cars on the road, but they are still in the testing phase. Unfortunately, recent data released by the California Department of Motor Vehicles suggests that they are not performing quite as well as developers may have hoped.
Frequent driver disengagements - moments that drivers had to take manual control of the cars - were noted by test drivers. Google performed the best, with 272 incidents total, and a rate of about one incident every 1,244 miles. Nissan, whose cars had a problem about once every 14 miles, fell at the other end of the spectrum, as did Bosch and Mercedes whose cars had disengagements that sometimes occurred as often as every one or two miles.
Overall, these driver disengagements highlight a serious need for improvement in both safety and mobility. But some autonomous car skeptics say that these disengagements are the very least of concerns for the manufacturers hoping to get their self-driving cars on the road.
Infrastructure, Communication, Acceptance, and Liability
Developing technology that reduces or eliminates driver disengagement is only the beginning, experts say. Roads will need higher detail mapping, an infrastructure that will ensure the cars are going exactly where they are supposed to. Cars will also need to be able to communicate effectively with one another if there is any real hope for preventing accidents. Liability - determining who would be considered at fault if an autonomous car causes an accident - is also an issue. Finally, there is the matter of convincing drivers that it is safe for them to let go of the wheel.
Get Help with Your Auto Accident Injury Case
Overall, the evidence suggests that we are still a long way from having self-driving cars on the road; until they are, accidents and injuries will continue. If an accident has happened to you or someone you love, seek skilled and professional help from the Milwaukee automobile accident attorneys at Gimbel, Reilly, Guerin & Brown, LLP. Dedicated determined, respected, and resourceful, they can handle the details of your case, protect your rights, and give you the time and energy you need to heal. To schedule your consultation, call 414-271-1440 today.
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Volvo Vows Death and Serious Injury-Free Vehicles by 2020
Shortly after the announcement of the long road ahead for automated cars and a pledge from the U.S. government into developing the technology to make them better, Volvo has promised to make all of their new cars death and serious injury free by 2020. But can they really do it? Experts believe it is possible.
Technology Already Exists
The technology is already in place, in fact, newer, high-end luxury cars already have the advanced technological features needed to create a zero death and serious injury car. Adaptive cruise control uses radar and other sensors to detect other cars up ahead. All the driver has to do is set their maximum speed and the car will maintain a safe following distance, sans driver engagement.
Auto lane keeping assist uses cameras to detect road edges and line lanes and keep the car in its lane. Collision avoidance works with the help of radar and sensors that detect obstacles and warn the driver; if the driver does not react, the car can apply automatic brakes to reduce the impact of (or even completely avoid) a crash. Pedestrian detection and large animal detection sensors are also being used to alert and even brake in the event an unexpected person or animal wanders into the car’s path.
Decrease in Injuries and Fatalities for Cars with Technology
Many of these technologies have improved driver safety. In fact, there are a few models that have not seen a single death from 2009 to 2012. Volvo’s XC90 is on that short list. But the real key, Volvo says, is to perfect the technology already being used and to combine it all into a single car, and to do it in a way that is cost effective so that all of their cars can be equipped with the advanced technology.
Of course, automated cars already have all the technology components; they are just still in the testing phase and still need human interaction to ensure they are operating as they should (and human engagement when they fail). Some believe it will take more than just technology, especially when many of the autonomous cars being tested still require a great deal of human engagement. But the promise is there, as is the potential.
Waiting for the Future
Until these cars are perfected and made available to the general public, accidents can and will still happen. Know how to best protect yourself, drive safely, and if you are involved in an accident, be certain to employ the assistance of a skilled and experienced Milwaukee automobile accident attorney. At Gimbel, Reilly, Guerin & Brown, LLP, we offer more than 40 years of experience, and we provide aggressive representation that ensures your rights and best interest are protected. Ask how we may be able to help you by calling 414-271-1440 and scheduling your consultation.
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Even a Minor Car Crash Can Trigger CRPS
Complex Regional Pain Syndrome (CRPS) is a condition which is marked by chronic pain, mild or dramatic changes in temperature and skin color, as well as swelling in a patient’s limb(s). It is estimated that anywhere from 20,000 to 200,000 people suffer with CRPS.
The cause of the syndrome is unknown. The condition is usually triggered by some kind of trauma or injury to the limb – frequently as a result of a car accident. Often, the initial injury is minor, but can quickly escalate into excruciating pain. The experience that one car crash victim experienced is common. A 45-year-old woman was driving her vehicle when it was bumped from behind by another driver. There was no damage to either vehicle and neither driver appeared injured.
However, approximately 12 hours after the accident, the woman developed severe back and neck pain. Over the next couple of months, that chronic pain spread throughout her entire body. The victim had been completely healthy before the incident, and it took months before doctors were finally able to come up with the diagnosis to her severe pain – CRPS caused by the minor fender bender she was in. The woman was eventually awarded $3 million in a personal injury lawsuit.
CRPS is often missed by physicians, who often think patients are exaggerating their symptoms, given no serious injury has occurred. One young victim, who developed CRPS after spraining his ankle, described the pain as feeling as if “a boa constrictor tightening around your foot while it is being stabbed with a knife from the inside and simultaneously set on fire.”
Symptoms for CRPS include:
National Highway Traffic Safety Administration Endorses Seat Belts on School Buses
For years, safety advocates from the National Highway Traffic Safety Administration (NHTSA) have suggested that school buses were safe enough without seat belts. However, the agency recently acknowledged that this message is not only contradictory to their stance on passenger safety, but that it may also be inaccurate. Unfortunately, making the changes might prove to be especially difficult.
School Transportation Fatalities Already Rare
Motor vehicle accidents kill thousands of Americans each year, but according to a study from the NHTSA school bus fatalities account for less than one percent. If put into context, that equates to about six children per year. The remainder of all deaths (1,353 from 2003 to 2012) were of people outside of the buses – pedestrians, bicyclists, and other drivers.
7 Ways an OWI Can Affect Your Career in the State of Wisconsin
By Attorney, Steven McGaver
It is safe to say that an OWI conviction in Wisconsin can have a lasting impact on your life. For some it is the catalyst to reexamine lifestyle habits, while others consider it only a minor misstep in their youth. One thing that is often not an immediate concern for an individual who chooses to get behind the wheel after consuming and intoxicant is the impact an OWI conviction might have on their current or future employment status. However, this recent news story offers an important lesson about the lasting consequences an OWI conviction could have on your career. With that in mind, here are 7 ways an OWI arrest or conviction in the State of Wisconsin could have a detrimental effect on your current and future career path.
An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services
By Attorney Arthur Thexton, Of Counsel
Part 1: What is the Wisconsin Department of Safety and Professional Services?
Do you have an occupational or professional license in Wisconsin, or do you have a client who does? Have you received a letter stating that a complaint has been made about you, and requesting a response? In this series of blogs, I will explain how the Department handles complaints, and perhaps offer some insight (aside from promptly contacting an attorney to discuss your case). I spent 24 years as a prosecutor in the Department, handling cases for almost every profession and occupation.
By way of introduction, the Wisconsin Department of Safety and Professional Services (formerly Regulation and Licensing) serves (among others) two closely related functions: (1) it directly licenses and regulates certain professionals and professions, and (2) it provides administrative services and staff to boards which themselves license and regulate certain professionals and professions. For example, the Department directly licenses and disciplines private detectives and private detective agencies, acupuncturists, and security guards. The Department provides administrative services and staff to (for example) the Medical Examining Board, which itself licenses and disciplines physicians (both medical and osteopathic), physician assistants, and others. [The Department also handles the regulatory and inspection functions formerly handled by the Department of Commerce, which relate mostly to building and petroleum safety, including licensing individuals and approving plans: these functions are beyond the scope of this blog.] The Department has about 380 staff, is headed by a cabinet-level Secretary who serves at the pleasure of the governor, and is located in the Washington Square Building, 1400 East Washington Avenue, Madison. The Department has field offices for its duties relating to building and petroleum safety.
An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services - Part 2
By Attorney Arthur Thexton, Of Counsel
Part 2: How does the Wisconsin Department of Safety and Professional Services Review Complaints?
In my last blog, I talked about how the Department is organized. This time, we will see how the Department operates on a day-to-day basis, when complaints are received.
An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services - Part 3
By Attorney Arthur Thexton, Of Counsel
Part 3: The Role of the Case Advisor for the Wisconsin Department of Safety and Professional Services
Last time, I talked about how complaints are screened before any decision is made to investigate them or not. This time, I will talk about the case advisor, a role which is unknown to most, but which is critical for the Department. Each and every case which is opened for investigation has a "case advisor" assigned to it. The case advisor is a member of the licensing board who will review the case, give advice to the investigator and prosecuting attorney, and discuss and approve the terms of any settlement that may be offered. The case advisor will then not participate or vote on the case, when it comes before the full board, unless the case is stipulated, in which case participation in voting is permitted. The purpose of the case advisor system is to allow the investigator and prosecuting attorney to have the benefit of the professional expertise of a practitioner, and the advice of a member of that board concerning both what is appropriate conduct for the profession and what sort of priorities the board has at the time. As a practical matter, the case advisor functions as the client, and determines whether the case will be closed, or discipline will be sought. Only in very rare cases will the prosecutor seek an outcome opposed by the case advisor. Our legislature has devised an inquisitorial system for regulating the professions, as have most states. The board is the body which (through Department staff) investigates the complaints, prosecutes them, sits in judgment, and issues the discipline. This is a different system from that used for criminal prosecution in this country, in which the judiciary is totally separate from the prosecution. To some, this may seem grossly unfair, but it is the choice that our legislature has made, and it has been repeatedly held constitutional. In order to prevent unfair prejudice, there is some administrative separation of functions, in that the Division of Legal Services and Compliance serves each board by providing investigative and prosecutorial staff, but ultimately each board’s designee (the case advisor) decides what cases will be prosecuted, and whether a respondent will be disciplined; the boards have separate legal counsel from another unit of the Legal Services and Compliance Division. The boards’ designees (the case advisors) offer their guidance in the investigative stage, and unfair prejudice is prevented by barring that advisor from the room when contested decisions are made on that case. The case advisor is assigned by the process selected by each board: some boards assign cases by expertise, others on a rotating basis. An effort is made to avoid assigning someone who could be considered a direct competitor, or who have some other conflict of interest. Occupations which are directly regulated by the department do not have boards, and therefore do not have case advisors. Also, the social work, professional counselor, and marriage and family therapist cases do not have case advisors, because the size of each of these boards (four or five members each) is such that removing a case advisor from the ultimate process in a contested case could result in an insufficient number of votes to impose discipline, if any other member is absent or is disqualified by conflict of interest, or there is a vacancy. An affirmative vote of two thirds of the membership of a board is required before a suspension or revocation can be imposed, and the department has taken the position that that means two thirds of the authorized membership, even if there are vacancies. Thus, in a board with four members, that would require three affirmative votes. Next time, I will talk about how the staff proceeds with their investigations. If you ever find yourself or your business as the subject of a Department investigation or complaint, feel contact me or another experienced attorney here at Gimbel, Reilly, Guerin & Brown, LLP.
An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services - Part 4
By Attorney Arthur Thexton, Of Counsel
Part 4: The Investigation Process of the Wisconsin Department of Safety and Professional Services
In my last blog, I talked about the role of the case advisor in the process of handling complaints. This time, I will talk about how the staff proceeds with their investigations.
Investigators are the Division’s detectives. They gather the appropriate documentary records and evidence, interview the persons involved and any witnesses. They also obtain copies of depositions or other materials generated in any lawsuits which have been initiated between the parties, and in general obtain any relevant information bearing on the case. During the process, they can and do seek the advice of the prosecuting attorney assigned, and the case advisor. On occasion, the investigators conduct surveillance and undercover operations, where they pose as clients or patients. The Department may issue investigative subpoenas under Wis. Stat. § 440.03(4). Administrative search warrants are also available in Pharmacy Examining Board cases, under Wis. Stat. § 961.52, but are very rarely used. Some boards have express rules requiring their licensees to cooperate with investigations, others do not. The Medical Examining Board has authority to order its licensees to submit to physical, mental, and professional competency examinations during the investigative stage, Wis. Stat. § 448.02(3)(a). The investigators do not have traditional law enforcement powers such as arrest, although those assigned to Pharmacy Examining Board cases could be granted such powers under Wis. Stat. § 961.51(1), if that board chose. The Division's investigators carry official photo identification cards, and police-style badges, with them whenever they go out into the field, and have business cards.
An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services - Part 5
By Attorney Arthur Thexton, Of Counsel
Part 5: What Happens When the Wisconsin Department of Safety and Professional Services Files a Formal Complaint
In my last blog, I outlined how investigations normally proceed, once a complaint is opened for investigation. Most complaints do not result in any discipline, and are closed at the conclusion of the investigation. Now, I discuss what happens when a case is moved to the prosecution stage.
If a case is not recommended for closure by the case advisor, the file is sent to the prosecuting attorney assigned. Usually there will be a discussion between the prosecuting attorney and case advisor of what outcome (that is, what discipline) would be appropriate. If an expert witness will be needed to establish a prima facie case, the case advisor will be asked for some names of appropriate professionals. This is most frequently done in quality of care cases in the health professions, and in professional standards cases in the business professions.
