Milwaukee Personal Injury Lawyer - Automobile Accidents

More Traffic Accident Deaths on Rural Roads than Urban

Paul Jacquart — Wed, 07 Oct 2009 17:42:45 GMT

An interesting article today from USA Today states that a National Highway Traffic Safety Administration study has found that significantly more traffic accident deaths (56% of the total annual number) occur on roads located in rural areas. This is despite the fact that only 23% of Americans live in rural areas. The article quotes Lee Munnich, the director of the Center for Excellence in Rural Safety at the University of Minnesota, who explains that while there are more accidents in urban areas, the number of fatalities in rural accidents is higher:

People drive faster on rural roads, which are not as well-engineered as urban highways, increasing the likelihood of death or severe injury in crashes, Munnich says. Other factors: behavioral differences, including more drunken driving and less use of seat belts in rural areas, and slower delivery of acute medical care.

The USA Today article provides a state by state breakdown of rural vs. urban traffic fatalities and at 68% of traffic fatalities occuring on rural roads, Wisconsin is significantly higher than the 56% national average.

Originally posted at InjuryBoard by Paul Jacquart

The Hazard of Noiseless Hybrid Cars -- The Driver's Responsibility to Pedestrians

David Lowe — Wed, 23 Sep 2009 23:26:17 GMT

A story in today's Washington Post entitled "The Deadly Silence of the Electric Car" discusses automakers' views about whether and how to add noises or "distinctive audio signatures" that will alert pedestrians to the presence of battery-powered electric cars that are virtually silent at low speeds, before the internal combustion engine kicks in with its familiar noise. Some manufacturers plan to maintain the silence that has been a manufacturing goal for decades; others are experimenting with a variety of sounds that will serve as safety alerts.

The National Highway and Traffic Administration is studying the issue, and some legislators are apparently proposing measures that would mandate audio alerts.

I don't know how this debate will affect public policy, but meanwhile it seems clear that operators of these cars need to alter their driving habits to take into account that pedestrians may not be aware of their presence. When turning across pedestrian crosswalks and driving through metropolitan areas of high foot traffic, hybrid drivers need to assume that "they don't hear me" and drive with caution. And maybe the horn needs to be used a little more often.

Originally posted at InjuryBoard by David Lowe

Running A Red Light—Caught On Camera

David Lowe — Wed, 02 Sep 2009 13:16:19 GMT

Motorists running a red light kill and injure many people every year. Statistics about drivers running red lights from 2007, the most recent year that data were compiled, reveal that nearly 900,000 people are killed and 150,000 are injured annually by drivers running red lights.

The issue came into focus here in Wisconsin where a videotape from August 18 caught the frightening scene of a bicyclist being struck by an SUV being operated by a Wisconsin lawmaker, state representative Fred Clark, at a downtown Madison intersection.

Driver negligence, whether by use of cell phones, drunk driving or, as in this case, an inattentive driver, is an unavoidable byproduct of modern transportation, but deaths and injuries can be avoided through better use of available technology. Community planning should include widely-accepted photo enforcement programs. For information on efforts to increase public awareness of the problem check out the website of The National Campaign to Stop Red Light Running, a grassroots organization of crash survivors and their families who care deeply about traffic safety.

Originally posted at InjuryBoard by David Lowe

Just Say No: Why Giving a Recorded Statement to Insurers May Be a Bad Idea

David Lowe — Mon, 27 Jul 2009 19:22:00 GMT

"You’re in good hands", because they’re "like a good neighbor", always "on your side". Even if you channel surf through commercial breaks, chances are you’ve seen at least one ad for an insurance company touting their folksy, people-first policies. While insurance companies are not villains, it is important to remember that they are businesses, and they act first and foremost in their own interest, not yours. So when you have been in an accident and receive a call from an insurance adjuster or claim representative requesting a statement, understand that the caller's purpose is to get you to make concessions that may result in the denial of your claim, or to minimize the amount they will have to pay to settle your claim. Therefore, you should be very careful about what statements you make, especially if they are going to be recorded.

You might wonder what’s so distinct about a “recorded statement” as opposed to a regular statement. After all, if you’re going to say the same thing in either case, can’t it still be used the same way? You may be surprised that it cannot. While you should give a statement containing the facts of the accident, a company cannot make your words a matter of record without your specific permission. Providing helpful information to the insurance companies is different than committing yourself to a standing record.

First of all, you need to know that it is your right to refuse to make a recorded statement if you are making a claim under someone else’s policy or if the statement is not for your own insurance company. If an insurance company for another driver is pressuring you to make a recorded statement, you should contact a personal injury attorney who specializes in auto accidents. An attorney can make sure that the necessary information reaches the insurance company, but that you do not make incorrect or imcomplete statements that can be used against you later.

Even though you should never agree to provide a recorded statement to the other insurer, it is not uncommon for your own insurer to request a recorded statementif your insurance policy provides uninsured or underinsured motorist benefits. You have a duty to cooperate with your own company by providing requested information but can provde the information without giving a recorded statement.

Once you give a recorded statement, it is impossible to change anything you have said. The record is created on the spot, with no time to prepare and often before you have seen your doctor and obtained an accurate diagnosis of your condition. If you give incomplete answers because you have forgotten some details, you will meet with skepticism or disbelief if you try to add to them later. If you describe an injury to one are of your body, your statement will be used against you when you devlop symptoms in another ara of the body, because you failed to mention it in your first statement. It is common experience that some injuries are not symptomatic until weeks or even months after an accident, or they were masked or less important because of a more prominent injury immediately following the accident. You may unknowingly make incorrect statements that prevent you from getting the compensation you deserve. Your spontaneous statements may not be as clear as you think they are, so if your own insurer says you are obligated to make a statement, you should submit one in writing so that you can be concise and accurate. If you are careful to only share objective facts about the accident and avoid speculation about fault, your own insurance provider can use the statement to help determine the settlement.

After an accident, avoid giving a recorded statement to a claims representative despite their you need to protect your interests, because even "good hands" and "good neighbors" have their own agendas. The process of seeking fair compensation for injuries sustained in an accident is full of pitfalls and complications. Rather than giving a recorded statement in response to interrogation from the claims representative, your interests are always better served by obtaining skilled representation from an attorney who handles personal injury cases. Giving a recorded statement without the assistance of an attorney may cause you to lose the compensation to which you are entitled.

Originally posted at InjuryBoard by David Lowe

Unrestrained Dog In Motor Home Leads to Highway Tragedy

David Lowe — Tue, 23 Jun 2009 11:50:00 GMT

Last week’s fatal crash of a motor home and sport utility vehicle near Verona, Wisconsin that resulted in the deaths of 55 year old John Seier of Dubuque, Iowa and 13 year old Travis Brune of LaMotte, Iowa is being blamed on a dog that jumped onto the lap of the driver of the motor home, causing the motor home to cross the center line of U.S. Highway 151 and collide with the SUV.

This is not a matter of blaming the dog; it is the fault of the pet owner who chooses to drive with an unrestrained pet. Driving with an unrestrained pet as a passenger presents a risk to everyone on the roadway. Pets can be unpredictable in their behavior, and any unrestrained object in the cabin of the vehicle can cause injury or distraction to the driver, resulting in the kind of tragedy that happened here.

Families heading out for summer camping trips with pets need to take precautions to avoid hazardous situations that can injure other passengers and highway users.

Dane County Humane Society spokesperson Gayle Viney commented about dogs traveling in cars be crated, gated off from the driver or otherwise restrained:"There are harnesses for every type of dog, every weight, size, which go around the dog and hook on to the seat belt."

Originally posted at InjuryBoard by David Lowe

Don't Text and Drive

Paul Jacquart — Wed, 20 May 2009 15:20:22 GMT

According to a Reuter's article today, about 1/4 of Americans admit to driving while texting ("DWT"). The article points out that this is occuring despite several high profile auto crash cases resulting in serious injuries and deaths as well as the proposal and passage of laws banning the practice in several states. Given the apparent widespread nature of this extremely dangerous activity, DWT is certain to be the topic of much discussion in the coming months. It will be interesting to see if the proposed laws and media attention change people's behavior in the way seatbelt legislation did years ago. DWT would seem to be even more distracting, and therefore more dangerous, than cellphone use while driving given that the driver has to look at his or her cellphone or pda in order to read and text a response. From a legal perspective, it is unclear whether DWT will give rise to punitive damage claims in auto cases in the same way operating while intoxicated ("OWI") can.

Originally posted at InjuryBoard by Paul Jacquart

Milwaukee Police Squad Car Involved in Serious Accident

Paul Jacquart — Thu, 08 Jan 2009 17:41:07 GMT

The Milwaukee Journal Sentinel is reporting today that a serious accident involving a Milwaukee Police Department Squad Car happened at at the entrance ramp onto Highway 41 from W. Wisconsin Ave. and W. Wells St. It is unclear at this time what happened. A flight for life helicopter has reportedly responded to the scene. We wish the individuals involved a speedy recovery.

We have represented both police officers and civilians that have been injured through the fault of another driver. Unfortunately for those injured by police negligence, there are strict notice provisions that must be complied with or the claims will expire. It is important that the injured party consult with an attorney to make sure that proper notice is provided, or risk losing any opportunity to recover damages. There are also damage caps that limit recoveries against municipalities for the negligence of police and other city workers. In cases involving serious injuries it is important to investigate liability and all available insurance coverage, including under-insured motorist coverage if available.

On the flip side, police officers that are injured through the negligence of civilian drivers are normally covered by workers compensation, or an equivalent, which pays the officer's medical bills and disability compensation, but only according to schedules that provide limited compensation. Sometimes officers do not realize that they can pursue a third party tort claim against the responsible driver and recover full compensation.

Originally posted at InjuryBoard by Paul Jacquart

Teens Hurt While Texting And Driving Under the Influence

David Lowe — Mon, 17 Nov 2008 18:10:04 GMT

Wisconsin has an alcohol problem.

Today's news brings new proof: Two teenage girls driving in the Town of Rietbrock have been cited for simultaneously operating the same car while drunk and texting. Apparently, the 16 year old passenger steered the car while the 17 year old girl in the driver’s seat was using her hands to send a text message on her cell phone. Talk about an ambitious attempt at multitasking! You have to be drunk to do something this dumb. I wonder if the Marathon County Sheriff’s Department had a box to check off to classify this event. Is it DUI (driving under the influence); DWT (driving while text messaging); or TDTGT&D (two drunk teenage girls texting and driving)?

Though only one of the girls here was injured when the car rolled over, and the injury was minor, this could have been a tragedy. Parents need to talk to teens about drinking and driving.

Originally posted at InjuryBoard by David Lowe

How Big Is Your Umbrella?

David Lowe — Tue, 20 May 2008 08:32:27 GMT

Many car accident victims come to my office with an accident report in their hands revealing that the driver at fault had insufficient or no liability insurance. The injured victim usually asks: “How can these people drive around without adequate insurance limits?” But when I ask to see the victim’s insurance policy, we usually learn that the victim also has the same inadequate auto liability coverage limits, with inadequate uninsured or underinsured motorist coverage. As a result, the coverage is frequently insufficient provide fair compensation for the huge medical bills, lost wages, and the victim’s pain, suffering and disability.

“No problem, I have an umbrella policy”, the accident victim declares. But when we check their umbrella insurance policy, we frequently learn that their umbrella does not apply to their uninsured or underinsured motorist coverage; it only provides additional protection for their own negligent driving.

A separate premium must be paid to link the umbrella coverage to the uninsured and underinsured motorist coverage. It is usually less than $500 for this endorsement. A recent court case made clear that a Wisconsin auto insurance company must provide its customers with notice of the right to purchase UM/UIM coverage with their umbrella policy, but the notice is often buried in language that goes unread when the renewal notice arrives in the mail and the policy is stored in a drawer. Good insurance agents know to advise their clients about paying for an endorsement or rider to their umbrella policy to get umbrella UM/UIM. But unfortunately, too many customers learn about the limits of umbrella coverage when it is too late.

Originally posted at InjuryBoard by David Lowe

Wisconsin Leads The Nation In Drunk Drivers

David Lowe — Wed, 23 Apr 2008 08:42:30 GMT

A national study reveals that Wisconsin leads the nation in drunk driving, based on admitted behavior in surveys conducted by the Substance Abuse and Mental Health Services Administration, an agency of the U.S. Department of Health and Human Services.

According to these government surveys about drinking and driving, more than 26% of Wisconsin adults 18 and older admitted that they had driven under the influence in the previous year.

Nationally, the report reveals that 15.1 percent of the nation’s drivers age 18 and older drove under the influence of alcohol at least once in the past year. An estimated 30.5 million people aged 12 or older drove under the influence of alcohol at least once in the past year according to the report.

Driving under the influence ranged from a low of 9.5 percent in Utah, to highs of 26.4 percent in Wisconsin, 24.9 percent in North Dakota and 23.5 percent in Minnesota.

National Highway Traffic Safety Administration (NHTSA) statistics show that there were almost 16,700 deaths in 2004 caused by drunk drivers, placing drunk driving and driving under the influence of illicit drugs as among the leading sources of preventable death by injury in the United States.

With the highest percentage of any state, Wisconsin placed more than 70% above the national average of 15.1%.

A story in today’s Milwaukee Journal Sentinel focusing on the Wisconsin drunk driving statistics quotes Paul Moberg, senior scientist in the Population Health Institute at UW-Madison and co-author of a 2007 study on wisconsin's alcohol and drug use patterns comments:

"I think it's something to do with the culture of Wisconsin and what the shared expectations are of behavior," Moberg said. "People who come from other states remark on it. Any event you go to (in Wisconsin) has alcohol."

What can be done about this sorry achievement? Stronger criminal law enforcement is certainly one way. A civil lawsuit for compensatory and punitive damages is another tool. A recent Wisconsin Supreme Court case known as Strenke v. Hoger upheld a large punitive damages award against a five time drunk driver against an argument that a drunk driver should not be punished because he does not act with malice against his particular victim. In the end, though, we need a cultural change; one that sees drinking and driving as abhorrent.

Originally posted at InjuryBoard by David Lowe