Who’s Driving Drunk In Sheboygan, WI? August 8, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Drunk Drivers, Drunk Driving, wisconsin personal injury, Wisconsin Personal Injury Attorney
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A lot of personal injury law is investigating the facts of a collision. We’ve come across this useful website that identifies drunk drivers in the Sheboygan, Wisconsin area.
It’s presented by the Sheboygan Press.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Sheboygan, Slinger, Pleasant Prairie and Wauwatosa.
$150,000.00 August 1, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Drunk Driver, Drunk Driving, punitive damages, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I had the privilege to help a woman injured after she was struck by a multiple drunk driver. Luckily, her injuries were not severe. She is still with us and doing much, if not all, of what she could do before the collision.
The at fault insurance company did NOT exclude punitive damages. This is rare. Very rare. The vast majority of the time insurance companies that write policies in Wisconsin specifically exclude any payment of punitive damages for their insureds.
It is important that you check. You may just find that needle in the haystack. In this recent case it was a great benefit to my client.
You’ve probably discovered that I don’t care for multiple drunk drivers. If you or your attorney want assistance against a Wisconsin drunk driver that injured you feel free to call me. I’d be happy to review the policy of insurance to see if you can obtain punitive damages from the drunk driver’s auto insurance.
By the way, don’t give up if insurance doesn’t cover punitive damages. Make sure you check into the assets of the driver that caused the auto accident.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in South Beloit, Racine, Oak Creek and Wauwatosa.
Just in case you forgot… July 23, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Drunk Driving, Wisconsin car accident lawyer, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I read an article in the Oshkosh Northwestern recently that mentioned a few federal studies. One stated that Wisconsin led the nation in the number of adult residents who reported driving while under the influence. This was a federal study from April of this year. Old news but an important reminder that Wisconsin needs to change it drunk driving laws.
I didn’t recall hearing about a 2006 study by the FBI that found Wisconsin had the sixth highest arrest rate for drunk drivers. Also, Wisconsin had the fourth highest arrest rate for liquor law violations.
I’ve handled cases for many victims of drunk driving. Just the other day I spoke with a client that was struck by a drunk driver whose blood alcohol contect was .314 (I think that is pretty close to alcohol poisoning and death). That drunk driver has at least one other drunk driving arrest.
If you are the victim of drunk driving I’d like to help. At the very least I’d appreciate it if you’d contact your legislator and then email me. I’d like to keep track of which legislators have been contacted by victims in their district. The next time an important anti-drunk driving vote reaches Madison it’s important that the legislature is kept accountable!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Plymouth, Milwaukee, Jefferson and Wauwatosa.
And the bond goes to the victim. July 18, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Drunk Drivers, Drunk Driving, injury settlement, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Where does a bond go? When someone charged with criminal activity posts bond what happens to the money?
According to Section 969.13(5) of the Wisconsin Statutes when a defendant posts a bond that amount of money shall go first to the victim of the crime. For example, when a drunk driver injures someone and is charged with a crime the money he/she posts as bond must be saved by the court to pay to the victim as a form of restitution. Sounds like a good use of the money to me.
If you are the victim of a crime be sure to ask the victim witness advocate working on your case to keep you informed about the status of the bond.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Kenosha, Crivitz, Sheboygan and Wauwatosa.
Since I’ve Written So Much On Drunk Drivers… June 12, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Drunk Driving, restitution, wisconsin personal injury
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I might as well write about the other side of the coin. The victims. In particular, compensation. Compensation for injuries comes from two main areas, insurance companies for the at fault party (or uninsured motorist coverage which stands in the shoes of the at fault party) and restitution (i.e. the criminal courts). I wrote an article recently about Restitution for victims of drunken driving collisions. Here’s a section from it:
In Wisconsin a few years ago, 326 people died and 6,221 were injured in alcohol-related traffic crashes. Approximately 42 percent of all fatal crashes in Wisconsin involved alcohol. Helping the victims of drunk drivers involves knowledge of civil and criminal procedure. With restitution you may be able to obtain companesation for medical bills, wage loss, mileage and other “certain” damages well in advance of a civil settlement or trial.
WIS. STATS. 973.20
A judge imposing sentence is required to order full or partial restitution unless he finds a “substantial reason not to do so.” Trial courts should be liberal in finding whether an injury relates to a defendant’s conduct. A trial court may “take a defendant’s entire course of conduct into consideration” including “all facts and reasonable inferences concerning the defendant’s activity related to the “crime” for which [he] was convicted, not just those facts necessary to support the elements of the crime.
The causal link for restitution purposes is met “when the defendant’s criminal act set into motion events that resulted in teh damage or injury.” Where the crime results in personal injury, the restitution order may include all “special damages.” (e.g. medical and related expenses, physical therapy, and mental health care, lost income, and reasonable out of pocket expenses).
I’ll talk more about this in later posts. I think it’s important for victims and attorneys of victims to remember all of the avenues to compensate those injured by drunk drivers.
Sooner Would Be Better! May 29, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Drunk Drivers, Drunk Driving, personal injury, Wisconsin Personal Injury Attorney
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Just in case anyone didn’t really believe Wisconsin’s laws are inadequate regarding multiple drunk driving offenses check this out.
The Sheboygan Pressreports that a man was recently convicted of his 10th drunk driving offense. Now this won’t make the headlines like the Doctor Mark Benson case from Waukesha. But, I hope some state legislator is taking notes and educates the rest about our flimsy drunken driving laws. It’s a fact, people are going to continue to be injured and killed by drunk drivers unless these drivers are taken off the roads.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Beaver Dam, Wauwatosa and Wausaukee.
Ever Hear Of A Designated Driver? May 4, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: auto accident, designated driver, Drunk Driving, personal injury
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I’ve written before about the doctor from Oconomowoc (Mark Benson) who drove while intoxicated and killed and injured innocent victims. The blogosphere has taken off with opinions about what should happen. The former doctor’s photo and criminal case has been plastered over our TVs. Because of the publicity he will hopefully get the prison time he deserves.
Not to be a pessimist here but what about the next “Mark Benson.” Do we have the fortitude to stop ourselves?
I just read the latest Time mazagine and noticed on page 26 that “9% of U.S. adults” believe they have driven while over the legal blood-alcohol limit in the past month. There was a recent article about this in the Journal Sentinel. Wisconsin, of course, was among the leaders whose citizens drink and drive.
Take this advice. If you spend the money to drink, spend the money for a cab ride home. Spend some money calling a friend to pick you up. Take the bus. Walk!
It is events like these that force the issue. Hopefully, people will think twice before joining the 9%.
2 Strikes? 4 Strikes? 6 Strikes? More? May 1, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: car accident, Drunk Driving, punitive damages, wrongful death
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Who in Wisconsin’s Legislature is tough on drunk driving? I’d like to know.
Personally, I don’t believe someone should be given the opportunity to cause a car accident after numerous convictions for drunk driving. Isn’t that just common sense? I think I am in the majority of public opinion on this issue. Aren’t I?
If the majority of Wisconsin’s citizens agree then why doesn’t the Legislature do something? Why let a drunk driver back on the road after numerous convictions? Why not take him out of society? A place called prison.
I admit this post is chock-full of indignation. Recently, in Oconomowoc (Waukesha County) a “Doctor” (former M.D.: he had his license pulled for drug abuse and writing fake prescriptions) was driving while under the influence of Oxycodone, Ambien and Xanax and killed a teacher, her young daughter and her unborn child, not to mention sending others to the hospital with injuries.
The Journal Sentinel uncovered that Mark Benson had a history of driving while intoxicated dating back to 1993. In fact, he was in court for drunk driving just a few days prior to the vehicular homicides.
Also, Mark Benson did NOT have auto insurance OR a license [UPDATE: 9-26-08 According to Mark Benson’s brother he DID have insurance]. So, I ask again, who in the legislature is tough on crime? Will this finally be the wake up call to put drunk/intoxicated drivers behind bars?
Sadly, because the criminal system failed, the only solace for the victims of this collision may be in civil court. The criminal court system failed by not putting Mark Benson in prison, now the family of the victims will only be able to get monetary compensation for the loss of their loved ones. Hopefully, they will hire a personally injury attorney that IS tough on drunk drivers and does everything in his/her power to punish Mark Benson. If anyone asks why there is a need for punitive damages just point them to this case.
Maybe … hopefully a Judge will put Mark Benson behind bars and he will pay his debt to society. Hopefully, someone will take Mark Benson to civil court so he pays his debt to the victims.
Most Dangerous Roads (Follow Up) April 4, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto accident, dangerous roads, Drunk Driving, motor vehicle collision, motorcycle accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I wish I could tell you to avoid “such and such” road if you don’t want to become the victim in a personal injury matter. Collisions can happen anywhere. A few days ago I mentioned a discussion of the “most dangerous roads” in Wisconsin. Well, I could not find that information. I did find a report from the Department of Motor Vehicles discussing which types of roads are dangerous and when most crashes occur. Email me if you’d like more info.
In 2006 the most injuries and fatalities occurred in May, June and July. The most fatalities occurred in July.
I’d avoid driving around bar time in Wisconsin. The most fatalities occur between 1am and 2am. I’m not surprised (I handle a great number of perosonal injury cases where the victim was injured because of a drunk driver).
The greatest number of collisions occured on Non-Intersection locations. Almost three times as many fatalities occurred on Non-Intersections when compared to Intersections.
As an FYI, there were approximately 16,450 motor vehicle collisions in Milwaukee County in 2006, 1096 in Sheboygan and 3,643 in Waukesha. Marinette County had only 316 and Rock (Janesville and Beloit) had 1784.
The moral of the story: Don’t drink and drive and be careful no matter where you are driving.
Outrageous Drunk Driver Caused Personal Injuries March 29, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: auto accident, Drunk Driving, wisconsin personal injury
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Recently Mike Nichols of the Milwaukee Journal Sentinel called me about my client who was recently severely injured in an auto accident in Waukesha, WI. I shouldn’t use the word accident because the drunk driver that caused the collision must have known that terrible things would happen if he drove drunk again. As you’ll read he’s a habitual offender. Mike and I ask the same question: Why wasn’t this drunk driver in prison months/years ago?
Oddity in Law Benefits Repeat Traffic Offender |
| An article by Mike Nichols as it appeared in the Milwaukee Journal-Sentinel on January 18, 2008.
The last thing 24-year-old Timothy Thompson remembers was driving north past the Hummer dealership near Milwaukee’s Good Hope Road on Highway 41/45, he told police.It was almost midnight on Jan. 8, and he was on his way to Fond du Lac to visit a friend.Next thing he knew, his windshield was smashed, the air bag had gone off, a woman was asking him if he was all right and paramedics were cutting his sweatshirt off. And he was, to borrow a phrase he used while being interviewed by an officer at Froedtert Hospital after a head-on collision with a guy prosecutors believe was going the wrong way, “freezing” his “ass off.” Among his injuries: a fractured right hand, a broken left arm, a broken jaw that would need to be wired, two injured ankles and a neck injury. Lucky to be alive, he had no idea what or who had hit him. The answer, according to police and a criminal complaint: John D. Cimermancic – a 25-year-old Richfield man with a traffic record nearly as lengthy as the miles-long stretch of northbound highway on which he, police and prosecutors allege, drunkenly traveled south. Waukesha County prosecutors have charged Cimermancic with a felony, intoxicated use of a vehicle causing great bodily harm, and two misdemeanors: second offense drunken driving and operating a vehicle after revocation for the third time. What they didn’t note in the criminal complaint – and may not even know because of an oddity of Wisconsin law – is this: According to records from various county circuit courts and the Wisconsin Department of Transportation, Cimermancic has actually been charged with either operating after revocation or operating while his license was suspended a total of 22 times – an impressive number for a guy who turns only 26 today and has spent a long stretch living outside the state. At least 18 of those cases – some of which were violations of municipal ordinances, some violations of state statutes – resulted in convictions. And that doesn’t even begin to count all the other citations he has received. It’s unclear if the Waukesha prosecutor who has charged Cimermancic for the Jan. 8 incident is aware of the background because he didn’t return a call. But it would make sense if he isn’t. With the exception of alcohol-related offenses, the Department of Transportation reports traffic convictions for only the last five years. And state law makes it clear that only offenses within that period are relevant for judges. Lucky for Cimermancic. Free on $1,500 bail, he hasn’t entered a plea yet. His attorney, Dan Fay, defended him in an interview by questioning whether he was the one who was driving the wrong way Jan. 8. Jonathan Groth, Thompson’s attorney, responded with astonishment in his voice. “My guy,” he said, “was sober as can be.” Groth noted that Cimermancic has “one hell of a record” and added that it is “more than a little shocking” he could still have been on the road on the night of the crash – a night, Thompson told police, he never even saw Cimermancic coming. Shouldn’t – given the long history – somebody have? |
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