WE RESPOND TO YOUR NEEDS 414-271-1440
Recent Blog Posts
Wisconsin’s DOT Releases 2015 Accident Statistics
Each 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:
Accident Liability: Case Highlights What Not to Do after an Auto Accident
Automobile accidents happen every day, and every day, well-meaning individuals make poor decisions that could cost them in their case. An argument between a North Carolina senator and another driver highlights some of the biggest — and the most common—mistakes.
Apologizing and Accepting Blame
Immediately after the accident, the senator allegedly apologized to the other driver, saying he did not see her as he was pulling out of a parking space. Afterwards, he attempted to retract his apology in an email to the local news company. In it, he expressed that he had only wished to resolve the matter, but that he had always felt as though the other driver had been at fault for the accident. Unfortunately, the damage to his reputation had already been done.
Lesson: Don’t focus on “blame” after an accident. Make sure all parties are physically okay, including yourself.
Accepting a Good Faith Arrangement
Because he allegedly wanted to resolve the matter quickly and easily, the senator reportedly gave a good faith statement to the other driver, offering to pay for the damages to her vehicle. As a result, the responding officer did not investigate the accident any further. This created a problem for the other driver when, after being denied payment from the senator, she attempted to file a claim against his insurance. The entire incident became a matter of her word against his.
Lesson: Do not enter a good faith arrangement with a complete stranger, regardless of the situation.
Failing to File a Claim
Because they had entered into a good faith arrangement, the other driver agreed not to file a claim with the senator’s insurance. Unfortunately, he never held up his end of the deal, and by the time she went to file the claim, it had been nearly a month since the accident. There was no real evidence, outside of the photos the senator allegedly took, and the police did not investigate blame. The other driver now only had the choice of paying out of pocket to cover the damages, or filing against her own insurance. Thankfully, it does not appear that she suffered any accident-related injuries.
Lesson: If you are in an accident, contact both insurance companies immediately, or contact a personal injury attorney to advise you.
Injured in an Automobile Accident? Hire a Skilled Personal Injury Attorney
You may be entitled to compensation if you or someone you love has been injured in an accident. However, because these cases are often complex, it is crucial that you contact a skilled Milwaukee automobile accident attorney as soon as possible. At Gimbel, Reilly, Guerin & Brown, LLP, we are dedicated to providing aggressive and compassionate representation for accident victims. Contact our offices at 414-271-1440 today to schedule your consultation.
Source:
What Constitutes Theft or Larceny Charges in Wisconsin?
At first glance, the term larceny (theft) might seem pretty straightforward. However, under Wisconsin state law, there are a number of actions that could constitute charges of theft. It is important to understand these statutes, and their definitions, when facing such charges. You may also find it beneficial to know what the consequences may be, should you be convicted.
Definition of Theft under Wisconsin State Law
In the state of Wisconsin, theft or larceny can be defined as any act that includes:
- Intentionally taking the movable property of another person without their consent with the intent of permanently depriving them of that property;
- Converting the use of property from one person to another without the owner’s consent, including (but not limited to) doing so because of a person’s office or position;
Sudden Infant Death Syndrome and the Charges Parents May Face
Each year, more than 3,500 children die of Sudden Infant Death Syndrome (SIDS), which is the sudden death of an infant that cannot be explained after a thorough investigation. So much about what causes SIDS is still unknown. The cause of many SIDS deaths remains a mystery. Unfortunately, some SIDS deaths end up resulting in criminal charges for parents or caretakers, compounding tragedy on top of tragedy.
Mother Convicted of Manslaughter
In 2014, a North Virginia mother swaddled her baby, placed him face down on a couch cushion, and then fell asleep herself. When she awoke, she found her baby boy unconscious. Just a couple months later, the mother was arrested on charges of manslaughter. She eventually plead guilty to those charges and was ordered to complete three years of probation or face five years of imprisonment. Cases relating to criminal charges from SIDS involve parents and/or caregivers failing to follow safe sleep practices, such as giving the baby its own sleeping space or placing the baby on its back to sleep. Other cases involve parents/caregivers who seem to have done everything possible to reduce the risk to their babies. Yet in rare circumstances, they, too, have faced charges. The stress and trauma of having to endure such charges in the midst of such a great and unpreventable loss is undoubtedly devastating.
The Dangers of Distracted Driving Takes a Turn for the Worse
It appears that the dangers of distracted driving have fallen on deaf ears. Not only are drivers placing calls, tweeting and exchanging texts but they are now risking an even higher rate of personal injury by adding surfing the internet to the list of distracted driving practices.
State Farm Insurance recently revealed the results of a seven-year study that concluded that 29 percent of drivers have admitted to surfing the web while behind the wheel, representing a 13 percent increase since 2009.
Additional evidence also revealed that 21 percent of drivers still admit to checking Facebook and Twitter, while one third of drivers polled, openly admit to still texting while driving.
Chris Mullen, director of technology research for State Farm, attributes this latest distracted driving trend to the increased prevalence of smartphones. Mullen noted that a healthy 88 percent of the 1,000 survey participants involved were smartphone users.
Advanced smart phone technology has opened a Pandora’s Box of wider communication features and increased functionality.
These advances have made it much easier to check internet activity rather than just giving in to the urge to send a quick text here and there.
The National Highway Traffic Safety Administration (NHTSA, established under the Highway Safety Act of 1970 and dedicated to achieving the highest standard of excellence in motor vehicle and highway safety, reports that although there had been a 0.1 percent decline in highway fatalities during 2014, they now report a 8.1 increase for the same reporting period of 2015. The NHTSA sees this as a troubling departure from the 2014 general downward trend.
The NHTSA and other concerned state and federal agencies strongly urge our nation’s drivers to just say no to electronically communicating while driving. Various states are currently pushing to make it illegal to even hold a smartphone or electronic device while behind the wheel. Unfortunately, drivers have not been able to break these potentially deadly habits and are pushing the limits as they take a wrong turn down a very dangerous road.
If you have been involved in a car accident due to the distracted driving habits of another driver, the Milwaukee personal injury attorneys of Gimbel, Reilly, Guerin & Brown, LLP have an experienced team of professionals on hand to assess the damages. Our seasoned legal team has experience working with accident investigators, medical professionals and other personal injury experts to ensure our clients receive just compensation. To discuss your case, contact us for an initial consultation at 414-271-1440 today.
Sources:
http://kttc.com/story/30700337/2015/12/08/state-farm-report-finds-more-people-surf-the-web-while-they-drive
http://nbc15.com/home/headlines/More-people-are-surfing-the-web-behind-the-wheel-360935901.html
http://nhtsa.gov/About
http://nhtsa.gov/About+NHTSA/Press+Releases/2015/2014-traffic-deaths-drop-but-2015-trending-higher
Government’s Probe into Pedestrian and Bicyclist Injuries Offers Disappointing Results
Government officials are noticing a disturbing trend: although most of the nation is seeing a decrease in the number of automobile accidents and injuries (Wisconsin’s increased in 2015), there has been a drastic increase in the number of severe and fatal injuries to pedestrians and bicyclists over the last decade. The recent government probe into why this increase is happening is providing little information as to how the problem may be fixed.
U.S. Representatives Launch Government Accountability Office Study
In an effort to determine what is causing the increase in pedestrian and bicycle accidents, U.S. Representatives Rick Larsen, Eleanor Holmes Norton, and Peter DeFazi launched the Government Accountability Office. More importantly, they wanted to determine if there were any barriers to improving the overall safety of bicyclists and pedestrians. To do this, officials:
- Examined National Highway Traffic Safety Administration (NHTSA) data and National Automotive Sampling System data from 2004 to 2013;
New Study Indicates Children with ADHD May be at Higher Risk for Injury at Intersections
Because they are still learning the rules of the road, and because their judgement skills are still developing, all children riding bicycles have an elevated risk of injury at intersections. However, a new study suggests that, because they are typically more impulsive and have trouble paying attention, children with ADHD may be at an even higher risk of being involved in an accident. Knowing this, parents may wish to refresh their children on the basics of street safety and, in some cases, continue to monitor them as needed.
About the Study
Published in the December 2015 issue of the Journal of Child Psychology, the study analyzed the response time and decision making abilities of 27 children with ADHD and 36 children without ADHD as they “crossed” a simulated intersection on stationary bicycles. Researchers found that, while all children crossed the street with similar-sized gaps between cars, children with ADHD tended to stall and typically had less time to get across safely. Moreover, children with ADHD seemed to struggle more when it came to readjusting after being exposed to heavier traffic. Rather than wait for wider gaps, they continued to cross when gaps between cars were smaller, which increased their risk of an accident.
Improving Traffic Safety for All Children
Each year, nearly 400,000 children are treated in emergency rooms for bicycle-related injuries. Children also account for approximately 5% to 10% of all road traffic deaths in the United States each year. To help keep them safe, parents should monitor children and regularly discuss the basics of proper bike and traffic safety.
Basic Traffic and Bicycle Safety for Young Children:
- Do not play in or near the road;
More than 90 Percent of Automobile Accidents Caused by Human Error
Automobile accidents can be caused by almost anything — nature, weather, poor road conditions, vehicle failure — but according to experts, human error accounts for more than 90 percent of them. This information clearly communicates that drivers hold the key when it comes to reducing the number of accidents (and the resulting injuries and fatalities), and that the key is improved driver safety.
Basic Driver Safety
Each time you get behind the wheel, it is important to remember that, while vehicles provide us with easy transportation, they also have the potential to kill. Reckless driving, such as speeding or failing to follow traffic signs and signals, drunk driving, distracted driving, and other poor driving choices can cost you or someone else their lives. As such, each driver should work extra hard at:
- Avoiding distractions (such as cell phones or other electronics) while driving;
Winter Tires versus Snow Chains: Determining the Best Option for Your Car
Wisconsin has seen dozen of automobile crashes and a handful of fatalities already this year. Most have been due to poor road conditions, thanks to the blanket of snow throughout much of the state. But are tire chains really the answer for Wisconsinites hoping to reduce their risk of an accident? Experts say probably not.
Tire Chains: Winterization’s Dinosaur
While tire chains can provide added traction on slushy or snowy surfaces, they are considered an ancient and ineffective way to improve maneuverability in the winter. Not only are they difficult to install, driving on them is often a hassle, especially since it is recommended that motorists drive at a very slow speed while they have them on. Chain breaks that can damage the vehicle or become a hazard, rutting of tires, and damage to highway surfaces are some of the other potential risks of using these antiquated devices.
Moreover, experts say that, unless they are driving on mountain roads or roads that are not serviced by city or state officials, drivers really do not need to use tire chains. Instead, they can gain the traction they need through a newer, more modern solution — one that is actually safer and less damaging to their vehicle and the roads.
Winter Tires – What They Are and Why They Work
At first glance, winter tires look a lot like summer tires, but there is some serious technology and innovation at work — well beyond what can actually be seen. First, winter tires are made of softer more flexible materials, which helps them bend and grip the snow. And they have special tread and siping designs that help grip and dispel water, snow, and ice. Some even have studding that can improve the tire’s grip on slick roads; however, it should be noted that stud tires do have some restrictions on city and state roads, due to their propensity to cause road damage over time.
In an Accident? Seek Legal Help
Even with the help of chains or winter tires, poor road conditions can cause accidents. Those that suffer personal injury because of those accidents may be able to receive compensation. Of course, insurance companies do not want you to know this, so it is important to seek qualified legal assistance if you believe you have a claim. The experienced Milwaukee personal injury attorneys at Gimbel, Reilly, Guerin & Brown, LLP can help. To find out how, call 414-271-1440 and schedule a consultation today.
Sources:
Social Media, Oversharing, and the Risk of Criminal Charges
For many people, social media is a place to connect with friends, family, or even businesses; however it can also be a tool for police, prosecuting attorneys, and other legal officials to use as they see fit. As a result, anyone who shares illegal activity — be it alleged animal abuse, child abuse, rape, kidnapping, or murder — may find themselves in jail facing criminal charges.
Woman Faces Charges of Animal Abuse after Posting Photos on Facebook
In December of last year, a North Carolina woman allegedly posted a photo on Facebook of a dog with its mouth taped shut. Shared approximately 400,000 times on the popular social media site, several users called for an investigation into the matter. When local officers responded, they allegedly found no sign of injury and dogs that appeared to be cared for, but the woman was still arrested on charges for cruelty to animals.
Facebook Video Leads to DUI Arrest
While driving down the road, an Ohio man allegedly took a cellphone video of himself drinking from a partially concealed bottle. Just hours later, the man found himself in police custody. With a copy of his 12-second video in the hands of the police, he faced five misdemeanor charges, including operating a vehicle under the influence of alcohol or drugs and possessing an open container in a vehicle.
Yik Yak Willingly Hands Data Over to Law Officials
While not all social media platforms will openly admit that they provide information to law officials, the platform Yik Yak has no qualms about being open with its data. Recently, Yik Yak (and other witnesses) reached out to Oneonta City officials after young college student allegedly posted a mass shooting threat. Though the message was soon deleted, the individual now faces charges for making a terrorist threat (a Class D felony), and second-degree aggravated harassment (Class A misdemeanor).
Social Media Used in Pending Criminal Cases
Anything that is not set as “private” on your social media accounts may be fully accessible to members of the public and admissible in court. Even if you only share the information with a select group of people, it is possible to find that a recent status update or photo is being submitted as evidence. Bottom line: do not share potentially incriminating evidence on social media. Even better, do not discuss your pending criminal case with anyone other than your attorney — and that includes on social media.
If you need aggressive and competent representation after an arrest, the skilled Milwaukee criminal defense attorneys at Gimbel, Reilly, Guerin & Brown, LLP, can help. With more than 250 years of combined experience, our attorneys know what it takes to build a solid defense. Learn more by calling 414-271-1440 to schedule your consultation today.
Sources:
