Surprise! Teen Drivers Ignore Rules June 15, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto accident, Wisconsin Personal Injury Attorney
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Actually, I’m not surprised. A recent AP article notes a study which says teen drivers don’t abide by the law against using cell phones.
The understatement of the year may be a quote from the article, “Cell phone bans for teen drivers are difficult to enforce.” This was referring to enforcement by police agencies.
I think the easiest enforcement is for parents to take cell phones away. Or simply talk with teens about the dangers of talking on cell phones. If any parents want examples of how using a cell phone while driving is dangers just give me a call. I can give you lots of examples of my clients who were seriously injured in motor vehicle accidents where the at fault party was distracted by a cell phone.
FYI. There is no statewide ban on cell phone use while driving in Wisconsin.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Racine, Kenosha and Wauwatosa.
Hurray for Tony Staskunas of West Allis, WI. June 12, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth.Tags: Drunk Drivers, wisconsin personal injury
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I like Tony. He was opposing counsel in an estate dispute a number of years ago. He is one of Wisconsin’s Legislators that has a “full time” job besides his job representing West Allis and surrounding areas in Madison.
But now I like him even more. He is one of 5 Wisconsin Legislators who have proposed making 1st time drunk drivers subject to an interlock device. An ignition interlock system makes a driver blow into a tube to check their blood alcohol content before they are able to drive. Good job Tony Staskunas.
I hope that the drunk drivers are the ones that pay for these devices and NOT the rest of us.
The Milwaukee Journal Sentinel states that he proposes that the maker of the interlock systems be forced to set up a fund to pay for the drivers who can’t pay for it themselves. Why penalize the makers of the companies? The drivers should be the ones penalized. Again, why not put them in prison or work release (working somewhere where they don’t have to drive obviously) until they pay for the interlock system. When they pay for it they can join the rest of free society.
Just my two cents.
On My Way Here I Was In An Auto Accident… June 9, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: co-counsel, personal injury, referrals, wisconsin personal injury
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Many years ago (kind of like: long, long ago in a galaxy far, far away) I was a general practice lawyer. That means that I did it all. I drafted wills, closed real estate deals, reviewed corporate papers and the like. Luckily, back then I still concentrated on lawsuits related to all of these things. So, I’d be the attorney the firm would send when Jim (73) was sued by his brother Tom(71) because their mother (95) passed away without a will and her clothes had to be equally divided (I actually handled a case very similar to that scenario). Anyway, I digress.
My point is that many times someone will have a “family lawyer” that handles certain things like a will. That lawyer will hear, “On my way here, to sign the will you drafted, I was involved in an auto accident. Can you help me out?” That person then wonders why the attorneys says “No” and referrs them to another lawyer. They thought that the family lawyer was just that a “lawyer.” Don’t lawyers go to court and handle auto accidents, dog bites, wills, bankruptcies etc.
The easy answer is “No.” I’ve been lucky enough to have received a great number of referrals over the past few years from lawyers who don’t concentrate on personal injury matters. Motorcycle and auto accident laws are unique. Helping someone who suffers from lifelong scars from a dog bite and other serious injuries is pretty specialized.
When I was a general practice litigator I would refer specialized cases to attorneys who only practiced in these areas of the law, I remember one of my high school teachers would say “Jack of all trades, master of none.” That applies to lawyers too.
Don’t feel put out when your lawyer refers you to another attorney. She/he is doing what is in your best interest. Don’t be surprised when you come to me wanting a will drafted and I refer you to right back to your family lawyer. I’m a litigator now. Remember, I drafted wills long, long ago in a galaxy far, far away.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Oconto and Wauwatosa.
What If Mom’s At Fault? June 5, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: child injury, minor settlement, motor vehicle collision, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I’ve had some questions recently about this particular situation. Let’s say a mother (or father) is driving their kids to baseball practice. If Mom (or Dad) forgets to stop at a stop sign and causes a motor vehicle collision what about the kids? What rights do the kids have? Well, if the parents have auto insurance the children have the right to compensation, under Wisconsin Law, from the at fault insurance company, i.e. their parent’s insurance. In essence, the children would make a claim against their parents. If Mom’s (or Dad’s) insurance isn’t reasonable and doesn’t follow Wisconsin Law then the children would have the right to sue their parents and the insurance company.
Sound a little complex and confusing? Not really. Feel free to email me or call and I’ll be happy to explain it to you in more detail.
If you are worried about actually suing a parent. Remember that Wisconsin is a “direct action state” the kids would not have to name the parents in the lawsuit. They would simply seek compensation from the insurance company.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Racine, Kenosha and Wauwatosa.
Common Courtesy and, Oh Yeah, It’s the Law June 4, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: pedestrian, personal injury, wisconsin personal injury
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Car versus Pedestrian. This is not a battle anyone wants to be a party to especially if you are the pedestrian. So, what is the law in Wisconsin about pedestrians and right of way? Just so you know, if you are walking in a cross walk or with the “green little person” you have the right of way. Yes, drivers that means that you have to slow down (it isn’t all bad you’ll save on gas).
Wisconsin’s Jury Instructions state:
The Wisconsin statutes define “right of way” as the privilege of the immediate use of the roadway and, further provide, that at an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right of way to a pedestrian crossing or who has started to cross the highway on a green or “Walk” signal and in all other cases pedestrians shall yield the right of way to vehicles lawfully proceeding directly ahead on a green signal.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, Green Bay, Ozaukee and Milwaukee.
Pit Bull vs. Golden Retriever? May 30, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: dog bite, Pit Bull Dog Bites, Wisconsin Dog Bite Attorney, Wisconsin Dog Bite Law, Wisconsin Dog Bites, wisconsin personal injury
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Guess who started the fight? Linda Spice of the Milwaukee Journal Sentinel recently wrote an article about a pit bull that attacked a golden retriever in Port Washington, Wisconsin. The pit bull’s owner was dragged across the street as the dog ran at two golden retrievers and their owner. The police were at the scene almost immediately and shot the pit bull.
This brings up an interesting question. In Wisconsin, the law states that if a dog bites and previously caused injury to person or property then the dog’s owner is liable for double the damages caused by the dog bite.
If this pit bull had bit the golden retriever and then almost immediately afterwards the owner of the golden retriever would double damages apply?
If you are in this situation it’s important to hire an attorney that deals with these situations. I’d be happy to help.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Port Washington, Wauwatosa, Ozaukee and Milwaukee.
What To Say When The Worst Happens. May 28, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Memorial Day just passed. We are officially enjoying “summer.” If you are like me you are probably going north to enjoy Wisconsin’s lakes, rivers and waterfalls.
So, what happens when you are in Wisconsin’s Northwoods and involved in a car accident. No lighting, few signs, miles from the nearest house…talk about adding stress to a stressful situation.
Marinette County has some good tips on what to do when you are involved in a car accident in rural Wisconsin.
For example, give the 911 operator the name of the road you are on and in which direction you were traveling. Don’t remember this? Give the operator the last town you drove by.
In short, no one ever expects an accident to happen. Drive defensively and pay attention to your surroundings. The easier it is for the police and first responders to find you the better.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in, Wauwatosa, Kenosha, Marinette and Janesville.
Dog Bite this week. Hope not! May 23, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: dog bite, Personal Injury Attorney, Wisconsin Dog Bite Attorney, Wisconsin Dog Bite Law, Wisconsin Dog Bites, wisconsin personal injury
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This week was dog bite prevention week in Rock County. Please take this opportunity to make sure your dogs (and other pets for that matter) behave and are safe and sound.
Keep this in mind: Rock County officials have said that children from newborn to 10 years old are the most common dog bite victims in Rock County. I can’t imagine these statistics differ much from county to county across Wisonsin.
The Rock County officials go on to state that 84% of Rock County’s dog bites are to the face, neck or head. From my person injury practice I’d add arms/hands to the mix. Usually, there are defensive injuries.
In any event, be careful this week. Tie your dog up, keep him or her on a leash when you go for walk and make sure your animals are up to date on all of their rabbies shots.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milton, Wauwatosa, Janesville and Beloit.
WI Drunk Driver Petition May 15, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth.Tags: Drunk Driver, Drunk Driver Petition, Wisconsin Personal Injury Attorney
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I’ve posted before about Mark Benson the former Wisconsin Doctor who has a history of injuring and killing innocent victims on the road. Badgerblogger has drafted a petition that I encourage everyone to read and sign:
http://www.petitiononline.com/Bukosky/
Personally, I think we need to take drunk drivers off of the roads and into jail/prison. (I’ve posted about this before…what happens if the drunk driver borrows someone elses car? They’ll still be drunk and behind the wheel). But, I think the idea behind this petition about drunk drivers is at least a start. Please take the time to sign it. Or better yet, call your legislator!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West Allis, Crivitz and Kenosha.
Look To Your Right/Left…Twice…One More Time! May 15, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Bicycle Accident, Bicycle Safety, Runner's Safety, Wisconsin Personal Injury Attorney
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Bicycling and running in Wisconsin. Gotta love it. Today is one of those days. Not too hot and not too cool. Some cloud cover so you won’t overheat or get sun burned. It is the time of year when we (runners and bicyclists) emerge from our houses.
This brings me to an article I just read in the Sheboygan Press. I practice personal injury law across Wisconsin so I try to read more newspapers than average John. Anyway, a cyclist in Ledgeview was hit by a driver who didn’t look before he drove. The cyclist is in the hospital in Brown County (St. Vincent).
Sometimes maybe drivers forget about bicyclists and runners because of our long winters. Let this article be a reminder to look to your left, right and all around keeping a special eye out for bicyclists and runners on the road.
I’ll be running this week. I appreciate your help to keep us safe.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West Allis, Wausaukee and Milton.
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