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Recent Blog Posts
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.
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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.
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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.
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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.
An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services - Part 2
By Attorney Arthur Thexton, Of Counsel
Part 2: How does the Wisconsin Department of Safety and Professional Services Review Complaints?
In my last blog, I talked about how the Department is organized. This time, we will see how the Department operates on a day-to-day basis, when complaints are received.
An Introduction to the Disciplinary Process of the Wisconsin Department of Safety and Professional Services - Part 3
By Attorney Arthur Thexton, Of Counsel
Part 3: The Role of the Case Advisor for the Wisconsin Department of Safety and Professional Services
Last time, I talked about how complaints are screened before any decision is made to investigate them or not. This time, I will talk about the case advisor, a role which is unknown to most, but which is critical for the Department. Each and every case which is opened for investigation has a "case advisor" assigned to it. The case advisor is a member of the licensing board who will review the case, give advice to the investigator and prosecuting attorney, and discuss and approve the terms of any settlement that may be offered. The case advisor will then not participate or vote on the case, when it comes before the full board, unless the case is stipulated, in which case participation in voting is permitted. The purpose of the case advisor system is to allow the investigator and prosecuting attorney to have the benefit of the professional expertise of a practitioner, and the advice of a member of that board concerning both what is appropriate conduct for the profession and what sort of priorities the board has at the time. As a practical matter, the case advisor functions as the client, and determines whether the case will be closed, or discipline will be sought. Only in very rare cases will the prosecutor seek an outcome opposed by the case advisor. Our legislature has devised an inquisitorial system for regulating the professions, as have most states. The board is the body which (through Department staff) investigates the complaints, prosecutes them, sits in judgment, and issues the discipline. This is a different system from that used for criminal prosecution in this country, in which the judiciary is totally separate from the prosecution. To some, this may seem grossly unfair, but it is the choice that our legislature has made, and it has been repeatedly held constitutional. In order to prevent unfair prejudice, there is some administrative separation of functions, in that the Division of Legal Services and Compliance serves each board by providing investigative and prosecutorial staff, but ultimately each board’s designee (the case advisor) decides what cases will be prosecuted, and whether a respondent will be disciplined; the boards have separate legal counsel from another unit of the Legal Services and Compliance Division. The boards’ designees (the case advisors) offer their guidance in the investigative stage, and unfair prejudice is prevented by barring that advisor from the room when contested decisions are made on that case. The case advisor is assigned by the process selected by each board: some boards assign cases by expertise, others on a rotating basis. An effort is made to avoid assigning someone who could be considered a direct competitor, or who have some other conflict of interest. Occupations which are directly regulated by the department do not have boards, and therefore do not have case advisors. Also, the social work, professional counselor, and marriage and family therapist cases do not have case advisors, because the size of each of these boards (four or five members each) is such that removing a case advisor from the ultimate process in a contested case could result in an insufficient number of votes to impose discipline, if any other member is absent or is disqualified by conflict of interest, or there is a vacancy. An affirmative vote of two thirds of the membership of a board is required before a suspension or revocation can be imposed, and the department has taken the position that that means two thirds of the authorized membership, even if there are vacancies. Thus, in a board with four members, that would require three affirmative votes. Next time, I will talk about how the staff proceeds with their investigations. If you ever find yourself or your business as the subject of a Department investigation or complaint, feel contact me or another experienced attorney here at Gimbel, Reilly, Guerin & Brown, LLP.
