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The Dangers of Distracted Driving Takes a Turn for the Worse

 Posted on December 00, 0000 in Car Accidents

Wisconsin accident attorney, injury liability, Wisconsin injury lawyerIt 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

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Government’s Probe into Pedestrian and Bicyclist Injuries Offers Disappointing Results

 Posted on December 00, 0000 in Bicycle Accidents

Wisconsin personal injury attorney, Wisconsin wrongful death lawyer, Wisconsin car crash lawyerGovernment 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;

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New Study Indicates Children with ADHD May be at Higher Risk for Injury at Intersections

 Posted on December 00, 0000 in Personal Injury

Wisconsin accident attorney, accident liability, Wisconsin injury lawyerBecause 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;

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More than 90 Percent of Automobile Accidents Caused by Human Error

 Posted on December 00, 0000 in Car Accidents

Wisconsin accident attorney, injury liability, Wisconsin car crash lawyerAutomobile 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;

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Winter Tires versus Snow Chains: Determining the Best Option for Your Car

 Posted on December 00, 0000 in Car Accidents

Wisconsin accident attorney, injury liability, Wisconsin car crash lawyerWisconsin 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.

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Social Media, Oversharing, and the Risk of Criminal Charges

 Posted on December 00, 0000 in Criminal Defense

Wisconsin defense attorney, Wisconsin criminal lawyer, defendant rightsFor 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.

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New Bill Takes Aim at Law Enforcement’s Ungoverned Access to Technology-Related Data

 Posted on December 00, 0000 in Criminal Defense

law enforcement technologyTechnology has made many advances over the past decade. In most cases, those advances have improved or enriched our lives in some way. There is, however, a negative aspect: laws have been unable to keep up with  rapid advancements in technology and has left them, for the most part, ungoverned. A new bill, proposed by Representative Dave Craig and Senator Van Wanggaard, hopes to change that. The new bill could  change how law officials are allowed to bring criminal charges against Wisconsin citizens. The bill would create a legislative committee that would have oversight of secret investigative technologies and techniques. The Blurring Lines of Privacy In the face of advancing technology, the lines of privacy have begun to blur. Law enforcement can charge individuals based on posts made to social media. DNA is often  stored in  national databases, even after a person is released of charges. GPS  is sometimes used to track the location of a cell phone and place an individual at or near the scene of a crime. And advanced equipment can “trick” cellphones into revealing private and personal information, including text messages and call histories. These newer, more advanced crime-fighting technologies are being obtained and used at a rate nearly consistent with the advancement of technology itself. New Bill Pushes Back If passed, the new bill would require that officials notify the legislative committee if there are plans to purchase or utilize a new service or technology. Legislators would  have the power to subpoena information on any technology currently used or employed. Other provisions of the bill include creating legislative authority to investigate all facets of a John Doe investigation upon its conclusion, and  require committee notification prior to any law enforcement agency’s receipt of new weapons, armaments, and equipment. Charged with a Crime? Know Your Rights and Hire a Skilled Defense Attorney When facing criminal charges, it is crucial that you understand your rights, and that you employ the assistance of a skilled and experienced criminal defense attorney. Gimbel, Reilly, Guerin & Brown, LLP, can help. Prepared to go the extra mile to ensure your rights are protected, our skilled and experienced Milwaukee criminal defense attorneys can provide you with aggressive and personalized representation you deserve. Schedule your consultation by calling 414-271-1440 today.

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Analysis Suggests Wisconsin May be Worst State for Racial Disparity and Oppression

 Posted on December 00, 0000 in Criminal Defense

Minority oppression and disparity has always been an issue in America, but its continuance (and the resulting effects) are more prevalent in certain areas of the country. After reviewing major studies published over the last few years, analysts believe that Wisconsin may be the worst in the nation for racial disparity. This translates into a number of disadvantages for the state’s minorities, including an increased risk for wrongful arrests and convictions. Appleton Arrest Rates Outweigh Ferguson’s The racial disparity and injustice in Ferguson, Missouri have been the target of media spotlights for some time now, and for good reason:  in Ferguson, black arrests outweigh white arrests at a ratio of three to one. However, a review of recent arrest statistics in Appleton, WI found an even greater disparity. There, African American residents make up only four percent of the total population, yet they are subject to nearly 60 percent of all arrests. An examination of the state prison’s records revealed similarly disturbing disparities for African Americans. Over half of all Milwaukee County African American men in their early 30s and 40s have been incarcerated at some point in their lives, and a 2014 study found that one in eight African American men in Wisconsin are currently incarcerated. These statistics far exceed those found in other states by a startling and significant margin. Poverty, Joblessness, Other Areas of Oppression Perpetuate the Issue Most economists will agree that justice disparity goes hand-in-hand with poverty and other areas of oppression, such as difficulty finding employment. Sadly, these issues were found to be far worse for African Americans in Wisconsin than in other states, the analysis found. In Milwaukee, where the overall poverty rate is just eight percent, 36 percent of all African Americans are impoverished. And in Madison, the overall poverty rate for African American families is even worse—over 50 percent. Facing Criminal Charges or Wrongfully Arrested? Get Experienced and Aggressive Help Although the recently released information suggests there is little hope for improving the social injustices for minorities of Wisconsin, there are people willing to stand up for social equality. The attorneys of Gimbel, Reilly, Guerin & Brown, LLP have more than 40 years of experience in protecting the rights of residents in the Milwaukee, Madison, Green Bay, and Waukesha areas. Inquire as to how our Milwaukee criminal defense attorneys may be able to help with your case by calling 414-271-1440 to schedule your consultation today.

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U.S. Government’s $4 Billion Investment Could Make Self-Driving Cars on the Road a Reality

 Posted on December 00, 0000 in Car Accidents

Wisconsin accident attorney, injury liability, Wisconsin car crash lawyerIntended 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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Wisconsin Bicycle Fatalities: Safety Tips for Sharing the Open Road

 Posted on December 00, 0000 in Bicycle Accidents

Wisconsin personal injury attorney, Wisconsin wrongful death lawyer, Wisconsin bike accident lawyerAs new modes of ecological and economical transportation evolve, cycling appears to be gaining ground but sharing the open road with motor vehicles has not always been a smooth ride. The number of Wisconsin bicycle fatalities and instances of personal injury are on the rise. At the end of 2015, the Wisconsin Department of Transportation reported a total of nine deaths involving cyclists. It is reported that motor vehicle operators were primarily responsible for 58 percent of cyclist fatalities while 24 percent of cyclist fatalities were the fault of the cyclist. Statistical data presented by the Centers for Disease Control (CDC) is even less optimistic. Cyclists are twice as likely as vehicle operators to experience personal injuries or fatalities while on the road. To ensure the evolution of  cycling, not only as a mode of  transportation but as a enjoyable physical activity, The Wisconsin Bike Federation, (formerly Over the Bars Wisconsin), the country’s largest, statewide bicycle organization, offers the following safety tips for all cycling enthusiasts. Avoiding the Hook This tip concentrates on both the left and right hook. While riding through an intersection to avoid the “left hook” watch for motorists turning left across your path. With regard to the “right hook” position yourself closer to the center of the right lane when passing through an intersection. Ride Responsibly
  • Never jump the curb and continue to ride on a sidewalk;

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