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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.

I Never Think “Mild” When I Think of Brain Injuries March 4, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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But, we have to be able to describe the different degrees of all injuries.  So, “mild” will have to do.

Anyway, Medical Legal Art has a well researched and informative post about car accidents and damage to a victim’s brain.

In most cases, no evidence of injury will show up on CT or MRI scans unless this injury results in hemorrhage from contusions or vascular injury. Usually, the injury is microscopic occurring to individual cells or clusters of cells. This is where axonal shearing comes into the conversation. The movement of the brain within the skull can cause disruption of the various nerve cells (neurons) that make up the brain tissue. These injuries to the neurons, and particularly to the long vulnerable axon portions of the neurons, are called axonal shearing or shear injuries.

Low velocity, rear end collisions are some of the toughest for any attorney to prove the relatedness of injuries.  I’ve used Medical Legal Art in the past and have found their work to be extremely helpful.  Simply because a picture is worth a thousand words.

I’m Glad I Hired You To Handle My Lawsuit March 3, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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I get comments like that a lot.  I think it is more of a colloquialism than anything.

Injured people should hire an attorney to avoid a lawsuit.  Personal injury attorneys can do more good for you the earlier you hire them.  (That is a post for another day)

If a dog bite, car accident or other incident happens and you hire a lawyer a few days later my best guess is that their is less than a 10% chance that the case will go to a jury trial.   I can say that by looking at my current caseload.

So, just by hiring a personal injury attorney you have not filed a lawsuit. At that point it is probably more accurate to say that you have a “claim” against the at fault party.  If a lawsuit is necessary we’ll certainly file it (and I can tell you as a personal note I’ll enjoy taking depositions and going to trial if need be) but in many cases a lawsuit won’t be necessary.

You hire a lawyer to protect you from accusations from other drivers (i.e. in order to reduce/remove allege contributory negligence that insurance companies will throw at you).  You hire a lawyer to make sure you include every bit of compensation that the law allows.  You hire a lawyer to make this process as painless as possible.

Now don’t get me wrong.  I’ve handled a large number of cases where my client didn’t come to me until months or a year or so after the collision.  Sometimes the insurance company strung the person along and then when the unreasonable offer came I was the very next call.  In those cases there isn’t much we can do.  A lawsuit needed to be filed.

These are all things about which you’ll need to talk with your personal injury attorney.

Next:

Why hire a personal injury attorney right away?

www.jonpgroth.com

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

Who Is Your Lawyer? February 18, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law.
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This is a quick post and more of a reminder than anything else.  Before you hire your attorney check out their references.  Avvo.com or other rating services are good to visit.  But, you may want to go straight to the source.  In other words, check out the state’s lawyer regulation office.  In Wisconsin it is called the Office of Lawyer Regulation.

You can click on the link to see which lawyers currently have pending disciplinary matters pending.  Also, you’ll be able to read decisions from the Wisconsin Supreme Court.

Take The Time To Read Your Policy February 17, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
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John Bryan a West Virginia Car Accident Attorney recently wrote about the effect of your personal auto policy on a rental car.  In short, he reminds everyone that just because you have auto insurance this does not mean your policy will cover you when you rent a vehicle.

Many of the policies out there cover rental cars being driven if their primary vehicle has broken-down or is otherwise being worked-on or out of commission.  However, many of those same policies do not cover rental cars being driven if the policyholder’s primary vehicle is operational – for instance if you rent a car while on vacation.  This means that if you choose not to purchase the insurance on the rental car and you are involved in an accident, you may be liable to the rental car company for the complete property damage to the rental car.  This is because you will be signing a contract with the rental car company agreeing to pay for any property damage that is not covered by insurance.

Before you rent a vehicle make sure you’ve read your auto insurance policy to see whether you have coverage.  Believe me, the last thing you want is to be driving around without any car insurance.

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.

Thank You February 11, 2009

Posted by Attorney Jonathan Groth in Personal Groth.
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I’m not in the office today.  I’d like to take this time to remind everyone to thank those who serve(d) in the military. To them we owe our freedom.

Let us show them by our actions that we understand what they died for.

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.

Chippewa Falls Dog Attack February 9, 2009

Posted by Attorney Jonathan Groth in Dog Attack Information, Personal Injury Law.
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According to reports a 68 year old woman was attacked by a pack of dogs near her home.  From the report it appears that the dogs acted with a pack mentality.  The four dogs attacked her as she walked along the road.  They then dragged her into a ditch.  She is in critical condition after surgery.

The dogs were a mix of the Labrador and German Shepherd breeds.

This is a good time to review Wisconsin’s dog bite law.   I’ve linked to and posted Wisconsin’s Dog Bite Law (Sec. 174 Wis. Stats.)

When a dog causes injury to a person for the first time (”without notice”):

“the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.”

When a dog owner knows that a dog has caused injury in the past and the dog causes injury again (”after notice”):

“the owner of a dog is liable for 2 times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property.”

If you have questions about the Dog Bite Law 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 Cascade, Lomira, Janesville and Wauwatosa.