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Recent Blog Posts
AAA Study Reveals Nearly 90 Percent of Drivers Engage in Risky Behavior behind the Wheel
Somewhere between 30,000 and 40,000 people die in automobile accidents in the United States each year. Most of those accidents are due to human error and completely preventable, according to AAA. In fact, the organization’s recent study revealed that nearly 90 percent of drivers are engaging in risky behavior behind the wheel. And, sadly, far too many are paying the price.
Astounding 87 Percent of Drivers Admit to Risky Driving Behavior
Whether it is texting while driving, speeding, driving while under the influence, running red lights, or simply driving while fatigued, AAA found that 87 percent of all drivers engaged in risky behavior in the 30 days prior to their response to the study. Of those, 42 percent admitted to texting and 70 percent admitted to being on their phones, making distracted driving the most common risky driving behavior.
Wisconsin Bike Fed Share and Be Aware Program Working to Make Roads Safer for Pedestrians and Cyclists
Last year, Wisconsin saw a 22 percent increase in the number of pedestrian deaths (45 to 55). The number of bicycle deaths also increased, going from just four in 2014 to 15 in 2015. It might be easy to look at the pedestrian and bicyclist accident numbers and consider them the “price” of traffic and travel, but each death represents a person. A family that has lost someone they love. The Wisconsin Bike Fed is hoping to remind us of that through their Share and Be Aware program.
More Statistics on Pedestrian, Cyclist Accidents
According to an analysis of crash reports from the University of Wisconsin-Milwaukee, more than 40 of the pedestrians killed from 2011 to 2013 were killed in crosswalks. The drivers who hit them all failed to yield, despite the Wisconsin law statute that requires all drivers yield to pedestrians in crosswalks. Moreover, the analysis determined that at least 65 percent of all crosswalk intersection deaths are due to driver errors.
Will Your Personal Injury Cause You Problems in the Future?
Recovering from the damages sustained in a serious car accident can take months or years. Sometimes, you may still have issues long after your case has been settled. What can you do if your injuries are going to still be causing you problems in the future?
The Role of the Statute of Limitations
The reason it is necessary to look into the future and estimate damages is because you only have a set amount of time to bring a personal injury case. In most circumstances, you only have three years from the date of an accident to bring a lawsuit or to settle your claim. Even if you have not fully recovered, you will still need to take action to preserve your rights.
Types of Damages in Car Accident Cases
The only way for someone to compensate you for your injuries in a car accident is with money. Even though money won’t take away the trauma of the accident, or take away the pain of the injuries or the recovery, it is the best our system has to offer. Wisconsin law recognizes several different types of monetary damages in a personal injury claim.
New Study: Teen Drivers and Cell Phone Habits
Each year, more than 243,000 teens visit emergency rooms for injuries they have sustained during an automobile accident. Another 2,000 die during crashes,which makes motor vehicle accidents the number one killer for 16- to 19-year-olds. Part of the problem is their lack of experience behind the wheel, but studies have shown that the biggest issue relates to cell phone use while driving. Researchers recently spoke with several teens to understand why.
Newest Investigation Prompted by Concerning CDC Study
For years, adults have been trying to get the message across to teens: do not text and drive. Yet, a recent study from the Centers for Disease Control and Prevention (CDC) found that nearly 45 percent of teens text were willing to admit that they had texted and driven within the previous 30 days. That had a few other researchers at the University of Pennsylvania School of Nursing and the Center for Injury Research and Prevention at Children’s Hospital of Philadelphia concerned, so they decided to delve a little deeper.
Leaky Basement And Real Estate Misrepresentation Cases Are Wisconsin Homeowners' Nightmare
Whether you are a buyer or a seller of real estate it can be a nightmare to have a home with basement leak issues. It has the potential to not only put a large dent in your budget to fix the problems, it can lead to costly civil litigation if you fail to disclose it properly and misrepresent the condition of the property. If a homeowner has basement leak issues and fails to reveal it on a real estate disclosure form, it could subject the homeowner to costly civil litigation.
What are the penalties or potential costs for failing to properly disclose property defects in Wisconsin? There are certain Wisconsin statutes that deal with consumer misrepresentation and fraudulent conduct that are relevant to these real estate misrepresentation claims.
Section 100.18, Stats., deals with the damages associated with the publishing of untrue, deceptive or misleading advertisements with the intent induce the public in any manner to enter into a contract. If a seller were to violate this statute by misrepresenting the condition of real estate in order to induce a buyer to purchase the property, the seller could be subject to paying the buyer his pecuniary losses, including costs of collection and attorney fees. §100.18 (11)(b)(2), Stats.
Five Things to Know...About Your Civil Appeal in Wisconsin
Do you think your civil case is appropriate for a civil appeal. Here are five things to think about before you file in the State of Wisconsin.
1. Not every order is appealable - You cannot appeal until there is a "final" order or judgment in your case. To be final, an order or judgment must dispose of the entire matter in litigation between you and the opposing parties.
2. You cannot appeal an oral ruling - To be appealable, an order or judgment must be in writing and entered in the court docket.
3. The 45/90 Day Rule - The deadline to appeal is 90 days from entry of the final order or judgment; HOWEVER, if your opponent issues a documents a notice of entry of judgment, the deadline is cut to 45 days.
4. Appellate deadlines are jurisdictional - A notice of appeal must be in the hands of the clerk of court in the county where your case was heard by the deadline. It is not enough to mail the document on the deadline. Therefore, a decision to appeal must be made to allow your lawyer sufficient time to prepare the documents and get them to the courthouse on time.
Inequities in NCAA National Letters of Intent and the UW Madison Transfer Battle
Transfers are a common occurrence for any collegiate athletic department. For example, so far there have been 390NCAA division I basketball transfers seeking new schools for the coming year. The recent battle between Wisconsin Basketball Coach Bo Ryan and former freshman redshirt forward Jarrod Uthoff has once again raised the question of whether the NCAA and its member institutions deserve the certain degree of power they hold over their student-athletes. This past two weeks has been a difficult time for Bo Ryan as he has taken a good deal of negative publicity for the way he handled the Uthoff situation. Is there an inequity in the relationship between the student-athletes and the member institutions due to the National Letter of Intent? If so, where is it exactly (aside from the fact they "student-athletes" do not receive any salary or pay from lucrative television or endorsement deals). How can a student-athlete navigate him or herself out of difficult situations with an administration or athletic department? What can students wishing to transfer under the current rules learn from the Ryan and Uthoff situation for?
May It Please The Court
Congratulations are in order to Xavier High School, of Appleton, Wisconsin. Xavier returned last week from Albuquerque, New Mexico, where the school competed in the National High School Mock Trial National Championship. Wisconsin took thirty-second at this year's National Championship (or "Nationals" as it is called among the competitors), and the team has many reasons to feel proud. Xavier has held the title of "State Champs" in Mock Trial, a program run in our state by the Wisconsin State Bar's Law-Related Education section, for three out of the past four years. Last year, in fact, the team placed seventh in the nation, and the competition was so close that mere points separated Xavier from first- and second-place teams. One of the students on the team actually received an award for his participation as an attorney on the team.
The strength of Xavier's program is, in no small part, due to the coaches. Attorney-coaches for the team include Dan Flaherty (Dan's son is the attorney who won the award), Mark Christopher, Judge Mitch Metropulos, and Kevin Lonergan, and Kelli McGreevey is the teacher coach for the team. In the interest of full disclosure (just in case I seem biased in favor of the wonderful coaches Xavier has), I should probably mention that Kevin Lonergan is my dad. Dan Flaherty, Mark Christopher, and Judge Metropulos all have kids who currently participate on the team, and my dad has been coaching ever since my sister, Kristen Lonergan, competed on the team over a decade ago. As a quick aside to show how addictive Mock Trial can be-my sister actually helps write the problem that the students use each year!
Frank Gimbel Provides Clarity on Health Care Reform Law - Fox6 Legal Matters
The Healthcare Reform Law - or Patient Protection and Affordability Act (also known as Obama Care), has sparked massive debate since its inception. In the waning days of the current Supreme Court Session, people on both sides of the issue anxiously wait to see if it will be tossed out as unconstitutional.
GRGB'S Frank Gimbel takes a moment in the following video to sit down with WITI-Fox6's Kim Murphy to add clarity to this highly charged law.
GRGB's Frank Gimbel Provides Insight on Sandusky Trial
The groundbreaking trial of former Assistant Penn State Football Coach, Jerry Sandusky is currently underway in Pennsylvania. This trial is viewed as a defining case in situations of sexual abuse not only because of the celebrity status of Sandusky, but also because the victims will be identified throughout the course of the proceedings. Sandusky faces 52 counts of sexual abuse to young boys.
Gimbel, Reilly, Guerin & Brown, LLP Attorney, Frank Gimbel, recently spoke to WITI-TV6 regarding the unique and complicated aspects of this trial from a defense standpoint.
