WE RESPOND TO YOUR NEEDS 414-271-1440
Recent Blog Posts
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:
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
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:
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.
Source:
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.
Source:
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.
