Child Safety Seats Safe? December 2, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.Tags: child injury, child safety, Wisconsin Personal Injury Attorney
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You fly to Grandma’s house for Christmas with your kids. With the increased prices of luggage these days you decide to NOT bring the kids’ safety seats. You’ll just rent them. It’s okay right? These safety seats are safe? They have to be safe. If they weren’t safe the rental company wouldn’t allow the public to use them.
Well, don’t assume anything. Consumeraffairs.com wrote about a family’s recent troubles with their rental child safety seats.
“Some seats were obviously missing parts. Some were obviously very old,” she told ConsumerAffairs.com. “We installed two of the better looking seats thinking that they were okay only to find that they were not working.”
So, what can a family on the move do? Consumeraffairs.com recommends:
• Inspect each seat thoroughly for any evidence of cracking, twisting, worn harness webbing or broken buckles.
• Verify that seatbelts are threaded through the proper channels.
• Once you have latched the buckles, pull hard to make sure that they do not detach.
• Find the “birth date” label on the side or back of the seat, and don’t use a seat more than 5 years old.
• Get a copy of the car seat manual
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
Worse than Drunk Driving? November 27, 2008
Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.Tags: American Family Insurance, car accident, Wisconsin car accident lawyer, wisconsin personal injury
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According to a recent story by Milwaukee’s ABC affiliate teens who drive while texting have a reaction time that is worse than those who are under the influence of alcohol or marijuana:
A study found that reaction time for teens who text as they drive slows by 35 percent, which is worse than if they were under the influence of alcohol or marijuana.
According to the report 46% of teens admit to driving while texting. Knowing teens, because I was one once, my guess is that number is low.
Senator Lasee will introduce a bill in January 2009 calling for fines for offenders and even jail time if someone dies because of a texting driver. This legislation failed last year.
Teen drivers need to consider the consequences of their actions. Depending on the facts of the collision I don’t think verdicts including punitive damages against texting drivers are too far in the future.
Wisconsin’s Punitive Damages law states at Section 895.85 Wis. Stats.:
“The plaintiff may receive punitive damages if evidence is submitted showing that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff.”
How does this apply to teens who text? Well, if a teen knows of the dangers of texting or has had near misses or accidents while texting then punitive damages may be possible under Wisconsin law.
The Wisconsin Supreme Court stated:
We conclude that the statute’s requirement that the defendant act ‘in an intentional disregard of the rights of the plaintiff’ necessitates that the defendant act with a purpose to disregard the plaintiff’s rights or be aware that his or her conduct is substantially certain to result in the plaintiff’s rights being disregarded.”
Parents watch your kids. American Family offers a teen safe driver program. More about this later.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
Who Is Responsible for Little Jimmy? November 20, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: Personal Injury Law, Wisconsin car accident lawyer, wisconsin personal injury
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So, who should you sue if a minor caused a collision? Well, according to Wisconsin law Section 343.15(2)(b)
(b) Any negligence or willful misconduct of a person under the age of 18 years when operating a motor vehicle upon the highways is imputed to the parents where both have custody and either parent signed as sponsor, otherwise, it is imputed to the adult sponsor who signed the application for such person’s license. The parents or the adult sponsor is jointly and severally liable with such operator for any damages caused by such negligent or willful misconduct.
What does this mean? If anyone under the age of 18 causes a car accident a plaintiff in Wisconsin should first worry about finding an insurance company to name in the Summons and Complaint. Then name the negligent child along with both parents. Leave enough time in before the statute of limitations runs to allow for discovery to know exactly who are the “proper” parents or sponsor per statute.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
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Talk to Your Personal Injury Attorney Before You Sign the Retainer November 18, 2008
Posted by Attorney Jonathan Groth in Dog Attack Information, Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: FAQ Personal Injury, hiring a lawyer, Personal Injury Law, Wisconsin Personal Injury Attorney
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The PersonalInjuryLawyerMichiganBlog.com has a good post about talking with your soon-to-be personal injury lawyer. According to this blog here are a few things to watch for:
- Fees. How much is the lawyer going to take of the settlement? It shouldn’t be an excessive amount.
- Honesty. Do you get a sense he is over inflating your potential award settlement or chance of winning to get you as a client? Like the saying goes, if sounds good to be true if probably is. That’s not to say that you don’t have a good case, but an experienced lawyer knows that most companies won’t sit quietly by as you sue them. He or she should let you know honestly what to expect.
- Quality. Does your lawyer answer all your questions so that you understand them or do you feel rushed through? You want to work with someone who is willing to get all the details and to work with you to get what you deserve. You don’t want a lawyer with a thousand clients, giving a half effort because he’s happy if a few of the lawsuits get paid.
Believe me, if you go to your initial meeting with a personal injury attorney with a list of questions and a trusted friend or family member in tow it will be a good/productive meeting. I see it as refreshing not insulting.
Hiring a personal injury attorney is a big decision. Be sure to google search the attorney. Look up their rating, cases and lawyers in the office or office share.
The more information the better.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.
What Safety Features Would a Personal Injury Attorney Look for In a Vehicle November 17, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.Tags: motor vehicle collision, wisconsin personal injury, Wisconsin Personal Injury Attorney
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H/T to Attorney Michael Pines for this blog topic.
I agree with his 7 points:
1. High Crash Test Scores: Almost all motor vehicle makes and models for sale in the United States are supposed to undergo a series of crash tests conducted by the National Highway and Traffic Safety Administration (NHTSA). The most important crash ratings to look for are those for front and side car crashes and rollover resistance, as most serious injuries occur as a result of these types of auto accidents.
2. Antilock Braking System: When used properly, these new brake systems should allow for shorter stopping distances on slippery roads, and maintenance of steering control. They are also important in preventing vehicles from hydroplaning, which could potentially prevent a serious car accident.
3. Side-Impact Airbags:Front driver and passenger airbags are now required in all makes and models of vehicles as a necessary safety feature. Additionally, many makes and models of vehicles also include side-impact and side curtain airbags as well. Side-impact airbags are very important for protecting the torso of the occupants since there is no crumple zone to absorb the shock from a side auto accident collision. Therefore, these airbags have been proven to save many lives in side auto accident collisions and are a very important safety feature in all vehicles.
4. Side Curtain Airbags: Not to be confused with side-impact airbags, which protect the torso, side curtain airbags are intended to protect the head and neck from serious injury in a side collision car accident. Again, there is not as much crumple zone to absorb the shock of side collisions, so side curtain airbags are very important, and are becoming a standard feature in most makes and models of vehicles.
5. Rear-Parking Sensors:Especially important on larger vehicles such as trucks and SUVs, which provide larger rear blind spots, these sensors are especially useful in detecting objects as well as small children who may not be visible through the rear window or rear-view mirror. Many vehicles are now also coming equipped with rear cameras, which have already proven to be helpful in preventing a number pedestrian and car accidents.
6. Good Tires:While this may seem like an obvious statement, many people tend to overlook the safety advantages of well-maintained tires. Bad tires have been proven to be a major cause of many preventable auto accidents. Be sure to have your tires rotated, properly inflated air pressure, and replaced regularly to ensure maximum safety. Also, it is a good idea to examine the tire’s brand. As car accident lawyers, we remember the terrible auto accidents that occurred with Firestone/Bridgestone tires just a few years ago.
7. Cargo Netting or a Cargo Cage: Many injuries in car accidents result from objects inside the vehicle striking the occupants and causing bodily harm. Cargo nets can help to reduce and even prevent these types of injuries that can occur when involved in an auto accident.
Before I purchase a car, I go to the NHTSA’s website and do a search. Safety is our first concern (to quote Thomas the Train’s Sir Topham Hatt).
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Beloit, Kenosha and Wauwatosa.
How Insurance Companies Deny, Delay, Confuse and Refuse November 13, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: Allstate Insurance, insurance settlement, Wisconsin Personal Injury Attorney
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A new report discusses how insurance companies make their money. This shouldn’t be a surprise. They take in as much as they can in premiums and pay out as little as possible in claims.
The problem is with some of the tactics that insurance companies use. Here is an example:
Farmers, was in the business of
denying claims as a way to boost its bottom
line. Farmers even ran an employee incentive program,
“Quest for Gold,” that offered incentives, including $25
gift certificates and pizza parties, to adjusters who met
low payment goals. One Farmers’ executive told claims
representatives to stop paying claims, saying, “Teach
them to say, ‘Sorry, no more,’ with a toothy grin and mean it.”
Insurance companies are supposed to act in good faith with their insured and on behalf of their insured when dealing with someone their insured injures. Arbitrary denials and low offers for no reason are not good faith.
Read the report. You’ll get a feel for what personal injury attorneys deal with day in and day out. You’ll understand why Allstate, Farmers, Progressive et al get on our nerves.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Milton, Kenosha and Wauwatosa.
Social Networks and Personal Injury Law November 10, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.Tags: Wisconsin Auto Accidents, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Trialtechview.com blogged about social networking sites and child custody cases. This advice also applies to personal injury law. I’ve found a lot of information about at-fault drivers on their Myspace pages. People like to talk. Young people especially seem to think that they are talking only to their friends. So, you’ll find a lot of information that is usually only shared in the confines of a locker room or in their high school hallways.
In short, don’t just have an investigator get statements from witnesses of a collision. Check out google’s blog search, myspace and facebook for other information. Also, set up a google alert for any key names or unique information. You’ll be surprised what you find. I was!
I don’t want to share too many of my tricks of the trade on this blog. Give me a call or send an email and I’ll be happy to give some more advice.
Deer Love November 7, 2008
Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.Tags: auto accident, Wisconsin Auto Accidents
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It’s that time of year in Wisconsin and across the nation. It’s the rut. That’s when every buck tries to find a doe.
According to the Insurance Institute for Highway Safety approximately 223 people died in animal-vehicle crashes in 2007.
institute records revealed from January 2005 through April 2008, animal-vehicle collisions were three times more likely during November.
Rural areas with speed limits around 55 mph were most dangerous. They note that collisions were more likely to happen between dusk and dawn. So, if you are going to the cabin to get set for the upcoming deer season be careful driving!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Marinette, Milwaukee, Milton and Wauwatosa.
MyKey – Ford and Parents November 3, 2008
Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.Tags: Wisconsin Auto Accidents, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Next year Ford will roll out a new feature on its Focus. It’s supposed to help parents keep a handle on their kids. Through controls on any key a parent can limit a vehicle’s top speed to 80 miles per hour.
In addition to speed limits, MyKey also will limit the volume of the audio system, and it will sound a six-second chime every minute if seat belts are not fastened. The chime sounds for adult drivers, too, but ends after five minutes to avoid annoying adults who adamantly don’t want to wear seat belts, Buczkowski said. Parents also have the option of having the car sound a chime if the teen exceeds 45, 55 or 65 mph.
As an injury attorney this is a very interesting piece of technology. Once it is on the streets I’ll ask every at fault driver of a Focus for all information about their MyKey system. I wonder if it will store how many times parents change the limits?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Marinette, Milton and Wauwatosa.
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