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Speed Defeats Right of Way March 24, 2009

Posted by Attorney Jonathan Groth in Drunk Driving, FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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A Marinette, Wisconsin man was driving on U.S. 41 when a car pulled onto the highway.  The Marinette man struck this vehicle.  The Marinette man survived.  Everyone in the other vehicle died.

If this is all you heard you may say that the other vehicle was at fault.  Why didn’t they see the Marinette man’s vehicle?  They should have yielded the right of way to the vehicle on U.S. 41.

In Wisconsin “speed defeats right of way.”  So, if you are speeding on the road and another car pulls out in front of you, guess what?  You, the speeder, are at fault.

That is what happened in this case.  Plus, I should mention that the Marinette man was intoxicated.  An accident reconstruction specialist estimated the Marinette, Wisconsinite was driving between 77 and 81 in a 45 mph zone.

The Marinette man killed the driver of the car, his three daughters (two were pregnant so two kids were killed) and his son.

The Marinette man was allegedly at a bar where his wife worked for 9 hours prior to the crash.  He told the police that he was distracted when the collision occurred.  He was changing the radio station in his car.

Read the AP’s full story at jsonline.com.

If you have questions about an accident involving a drunk driver or whether someone is “at fault” in Wisconsin feel free to contact me at 800-950-9882.  I’d be happy to discuss your situation.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Janesville and Wauwatosa.

What’s This Talk About a Jury Trial? March 2, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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I think I need to write about a few things that I commonly hear from clients and a few things that I commonly say to clients.

First, about something I say.  Whenever someone asks about the value of a claim or what we will “go after” for compensation I always say something like “the law allows us” or a “jury would be allowed to consider” or “we could ask a jury.”

I don’t use these phrases to scare clients and make them think we are going all the way to a trial.  In fact, the vast majority of my clients never see a courtroom.  I say these things because ultimately, the only way to force an insurance company to compensate an injured victim is by taking the case to a jury.  Once the jury decides and decides on a verdict that is what the insurance company has to pay.  (Obviously there is always the possibility of appeals but that is a post for another day…if jury trials are rare I’m sure you can imagine how rare appeals are).

Settlements made presuit or after a suit is filed are all based on guessing what a jury would award.  That is why you really hire a lawyer.  You hire a lawyer to give you an educated guess as to what a jury would award considering the law, facts and all the miscellaneous things out there.

No one knows what a jury would award.  But, who better to give you advice on the value of a personal injury matter than an attorney who has dedicated his career to knowing what amount of money a  jury would use to compensate an injured person and his/her family.

Next time I’m going to write about:

Thanks, I’m glad I hired you to handle my “lawsuit.”

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Cascade, Lomira, Janesville and Wauwatosa.

Distracted Drivers February 12, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.
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I’ve emailed comments on a couple list serves about my opinion on what set of facts would allow punitive damages in Wisconsin.  In Wisconsin, the standard is set forth in the Strenke decision.

The majority opined:

In response to the issues presented, we conclude that
a person acts in an intentional disregard of the rights of the
plaintiff if the person acts with a purpose to disregard the
plaintiff’s rights, or is aware that his or her acts are substantially certain to result in the plaintiff’s rights being disregarded. Furthermore, we determine that a defendant’s conduct giving rise to punitive damages need not be directed at the specific plaintiff seeking punitive damages in order to recover under the statute.

I’ve been thinking about this language as it applies to drivers on cell phones.  The National Safety Council has a few studies about cell phone ban laws across America.  According to nsc.org:

Driver inattention is a leading cause of traffic crashes, responsible for about 80 percent of all collisions, according to the National Highway Traffic Safety Administration (NHTSA).

Check out the link and especially the videos of the drivers who are on their cell phones.   I argue that each one of those drivers were very aware of the risks of driving while on a cell phone  (this applies to driving while texting too).  If they were aware of the risk doesn’t it follow that the punitive damages law would apply to their actions?

Is that a bad thing?  Punitive damages are meant, in part, to prevent individuals and corporations from acting in a manner that will cause harm to others.  So, don’t drive while on your cell phone, or buy a bluetooth headset.

  I’d like to know your thoughts.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

What Your Case Might Look Like? February 10, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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For those of you who have not been through a civil jury trial I recommend checking out Miller and Zois, LLC’s links to an entire auto accident jury trial.

According to Miller and Zois, LLC the facts are:

The case deals solely with the question of who was negligent in the car accident. The plaintiff alleged that a tanker-trailer carrying fuel oil cut him off in traffic, causing him to swerve into the adjacent lane, where he was struck from the rear by another vehicle.  He filed suit against the owner of the tanker truck and the driver of the vehicle that struck him from the rear.  The defendants claimed that plaintiff was responsible for the car accident. The case was tried on the issue of liability only, pursuant to a stipulated verdict agreement.

It’s a great thing to read if for no other reason than to get a feel for what happens.  Now it isn’t exactly what will happen in Wisconsin but it’s close enough.  Also, because damages are stipulated, the length of the trial is a little shorter than “normal.”

Anyway, if you are an injured victim and considering whether to hire an attorney read the transcript and bring those questions to your attorney.  Like I’ve said in earlier posts I really appreciate it when client’s come with questions about the civil litigation process.

In my experience the more a client is “in the know” the happier the client (and lawyer).

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West Allis, Sheboygan,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

On A Lighter Note February 4, 2009

Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.
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Auto accidents are serious matters.  Especially when people are seriously injured.  

But, once in a while we have to find something to laugh about.   I found this bunch of pictures of, what appears to be, mostly single car collisions.  My favorite is “Class Is Cancelled.”

 

Class is Cancelled Car accidenet photo

Class is Cancelled car accidenet photo. I think this is a good example of an understatement.

 

 

Thanks Dark Roasted Blend for compiling these.   The tag line of the blog post sums it up best:  “Nothing is as fascinating as an unexplained accident.”

Injury at Work January 8, 2009

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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I was asked recently about a worker’s compensation question.  For full disclosure I handle only workplace injuries against third parties.  For example, if you are driving a work vehicle and involved in a car accident I would help you obtain compensation for pain and suffering, mileage to the doctor, doctors bills, property damage, rental vehicle and lost wages etc. This claim is against the at fault driver, i.e. the third party.

In addition to the claim against the at fault driver the injured person has a claim with workers compensation insurance.  These types of claims are called first party claims.  I don’t handle these.  But, I work with attorneys across Wisconsin who do a great job.

Anyway, the question was whether an employer can force an employee to sign a contract to waive any worker’s compensation benefits.

This is what I found from Wisconsin’s Office of the Commissioner of Insurance:

An employer subject to the Act may not withhold or
collect any money from employees or any other
person, including independent contractors and
subcontractors, to pay for worker’s compensation
insurance. To do so is illegal. Also, no agreement by
an employee waiving rights to compensation is valid.
[s. 102.16 (3) and 102.16 (5), Wis. Stat.]

I hope this answers your question!

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West Allis, Sheboygan,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

Let’s Get to Zero January 7, 2009

Posted by Attorney Jonathan Groth in Drunk Driving, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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The State of Wisconsin is running a serious ad blitz on TV and radio.  The ads talk about the number of deaths and serious injuries that occur daily because of car accidents.  In short the ads talk about cell phones, drinking and not paying attention as bad driving habits that we all can work on.  If we can change our habits there won’t be as many injuries and serious car accidents in Wisconsin.

Their website ZeroInWisconsin.gov says:

Some deaths were caused by speeding while others were a result of drunk driving, or not wearing a seat belt. Tragically, these deaths affect many lives and cause great pain to thousands of people throughout the state. Fortunately, you can help change that number.

There is a bunch of statistics on the page too.   I think I’ve already talked about the death totals from car accidents before.

In short, this is a good time to assess your driving habits and make a New Year’s Resolution to drive more responsibly.  It sounds simple but this is good advice:

By staying within the speed limit, being sober behind the wheel, and buckling up, you can do simple things that can turn more than 500 annual deaths into zero.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

Statistically Safer December 16, 2008

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Wisconsin Auto Accidents.
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According to the National Highway Traffic Safety Administration traffic fatalities in 2008 are down 10 percent.  This is compared to the same period in 2007.  So, Americans were less likely to be killed on the road in 2008 as compared to 2007.

The NHTSA discussed the number of people killed in vehicle accidents:

August is the month with the highest fatalities (3,612), while March has the lowest fatalities (2,804) during the ten months. When compared to the corresponding months in 2007, the estimates each month reflect a downward trend. While fatalities fell by 2.5 percent in February and 1 percent in August, there were much more significant declines March through July, Septem-ber, and October.
 

 

I can’t comment on the relationship of the statistics, but the NHTSA also discusses how helmet use and seat belt use were up in 2008 as compared to 2007.

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.

16 Too Many December 4, 2008

Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.
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Yes, I live in Wisconsin.  Yes, we get snow…sometimes lots-o-snow.  Yes, people are involved in car accidents because of the snow.  But, 16 in one morning?!?  Come on Wisconsin!  We are better drivers that that!

The Milwaukee Journal Sentinel reports that there were two serious injuries:

A 34-year-old West Allis woman is in critical condition after a two-vehicle car crash this morning on National Ave. near Oakdale Drive in the Town of Vernon, Waukesha County Sheriff’s Capt. Karen Ruff said.

“The roads were very icy,” Ruff said. The sun was shining so ice was melting, but it was also cold enough that there were still icy spots, she said. Some of the crashes on I-94 may also have been caused by people watching other crashes or following too close, she said.

These car accidents occurred during a 90 minute span.   Be careful Wisconsin!

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.

Click here to submit a Case or Question.

“Look Both Ways” December 4, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Wisconsin Auto Accidents.
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I’ve said that phrase a bazillion times the past few years.  Those with small boys will understand.  As a personal injury attorney maybe I’m a little (actually a lot) more worried about car versus pedestrian accidents.  I’ve handled a great number of cases where people walked across the street at the cross walk and not at the cross walk.   In short, always cross at the cross walk, even if it means walking a few hundred feet out of your way.

The reason I mention this is a blog post that Attorney Michael Pines of California wrote.  California has a new program called the “Safe Routes to School Program.”  It’s a good idea.  I don’t know of anything like it in Wisconsin.

In short Attorney Pines describes it as:

What the program intends to do is to create specific, easily accessible routes for children to walk to school with reduced dangers and hazards.  The routes include smaller traffic flow, safety barriers between pedestrians and traffic, lower speed limits in these zones, and in some areas, the restriction of auto traffic altogether.

I don’t know what the cost of the program would be.  But, in theory it sounds like a good idea.  Maybe some generous foundation could fund this?

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du lac, West Bend, Kenosha and Wauwatosa.

Click here to submit a Case or Question.