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Common Courtesy and, Oh Yeah, It’s the Law June 4, 2008

Posted by Attorney Jonathan Groth in FAQ 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.

www.jonpgroth.com

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.
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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. 

www.jonpgroth.com

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.
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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.

www.jonpgroth.com

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

A Nurse Nearly Ripped His Ear Off… May 23, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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We represent people involved in many kinds of accidents and incidents.  This incident is one of the most outrageous.  In fact, every one of our nursing home abuse cases is outrageous.  How a nursing home can stand back and let its residents get abused or wilt away is beyond me. 

This case involves a nurse that physically abused a patient.  She grabbed his ear and nearly ripped it off.  His cartilage and skin were injured.  Needless to say, its reprehensible that a patient would be abused by a caregiver.  Let’s hope our elected officials feel the same way.

www.jonpgroth.com

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

 

Dog Bite this week. Hope not! May 23, 2008

Posted by Attorney Jonathan Groth in FAQ 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. 

www.jonpgroth.com

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

Hit and Run and Ran May 22, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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Let’s say someone is hit by a car and the car doesn’t stop.  We know it as a “Hit and Run.”  Many times the police, with the help of witnesses, are able to find the car that caused the collision.  But what if the car hits and runs and ultimately gets away.  Or if the car that causes the collision has no insurance.  If you’re injured who pays for your medical bills, lost wages, pain, suffering and inconvenience. 

In Wisconsin, if you have auto insurance you will also have Uninsured Motorist coverage.  Wisconsin law allows the car accident victim to make a claim against their own auto insurance.  After the Uninsured Motorist coverage pays for your injuries the insurance company has the right and ability to investigate further and get paid back from the driver of the hit and run vehicle.  

Remember to talk with your insurance agent about your coverage.  Ask about the limits of your uninsured motorist coverage.  It’s important to have enough coverage to fully compensate you just in case you are hit by a driver that flees the scene of an accident or does not have any insurance.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Racine, Green Bay, Plymouth and Wauwatosa.

Guest Post by Attorney Chris Moander May 8, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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I’ve asked Chris Moander to post a little something on my blog.  I think you’ll find his comments about Debt Collection helpful.   It ties into Personal Injury well.  In Wisconsin, because the at-fault insurance company doesn’t pay damages (wage loss, medical expenses etc.) as they occur it is up to the victim to submit the bills to health insurance or rely on the kindness of friends and family or savings to get through the hard times. 

If a car accident victim, for instance, didnt’ have the help of a personal injury attorney from the start of the case some bills may go into collection and ultimately lawsuits.

Enter the Debt Collectors and the Fair Debt Collection Practices Act (FDCPA). 

Keep an eye out for Chris’ guest post.

Safe(r) Big Rigs? Hopefully. May 8, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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I just read this at www.jsonline.com about Schneider National Trucks (a company with headquarters in Green Bay, Wisconsin). 

I’ve handled personal injury cases involving Semi-Tractor Trailers in the past.  It’s been well known that trucking companies have the technology to regulate the speed at which their trucks can drive.   There are “black boxes” in most trucks that show the speeds and sometimes direction, velocity, acceleration and other information.  If you are involved in a trucking accident it’s important to have a lawyer who asks the right questions in order to get all of this information.

Here is the article written by Rick Romell of the Journal Sentinel:

The trucking industry’s largest lobbying group today called for a nationwide 65 mph speed limit, longer trailers and other steps in an effort to cut greenhouse-gas emissions and save billions of gallons of fuel.

Meanwhile, Green Bay-based Schneider National Inc., one of the country’s biggest trucking firms, went still further: The company will voluntarily cut the top cruising speed on its 10,600 tractors to 60 mph, President and Chief Executive Officer Chris Lofgren said during a press conference announcing the industry initiative.

Schneider’s slowdown – the firm currently caps cruising speeds at 63 mph – will be equivalent to taking more than 7,200 cars off the highways, Lofgren said, and will save 3.75 million gallons of fuel a year.

“We encourage others in the industry to make this commitment with us,” Lofgren said.

Limiting cars and trucks to 65 mph could conserve more than 11 billion gallons of diesel and gasoline over 10 years, the American Trucking Associations said in announcing its sustainability proposals.

That would reduce emissions of carbon dioxide by 116 million tons, the organization said. Carbon dioxide is the chief source of the so-called greenhouse effect and, many scientists say, of global warming.

The trucking group also called for longer combination trailers or higher weight allowances – a proposal likely to draw fire from highway safety advocates – elimination of nearly 500 traffic bottlenecks and government incentives for trucking companies to install devices that reduce idling.
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Co-Counsel Wisconsin May 7, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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Wisconsin really is a great place to live.  I’m biased of course:  golf courses, Wisconsin Dells, the Great Lakes, Door County and much, much more.  (If anyone reads this from the Visitors’ Bureau maybe I can get a hotel room for this ad?)

Anyway, since we are a summer vacation hot spot many out-of-towners travel to and through Wisconsin.  Unfortunately, these people get in car accidents, attacked by dogs, injured on other people’s property and other personal injuries. 

Remember if you are injured in Wisconsin and need to file a lawsuit you will need the assistance of a Wisconsin Personal Injury Attorney.  Attorneys from other states may be able to assist in pre-suit negotiations.  But, once a lawsuit is filed you’ll need someone who is licensed to practice law in Wisconsin. 

Many times an out-of-towner may have already hired a lawyer whom they trust and want to continue to work with that attorney.  This is where co-counsel relationships apply.  I’ve worked with a number of Attorneys from other states in situations like this.  We can help out of state attorneys to appear in court even though they aren’t licensed in Wisconsin.  They still need a Wisconsin Attorney’s help to obtain what is called a Pro Hac Vice appearance. 

In any event, if you are not from Wisconsin but were injured in Wisconsin please make sure you get the assistance of of a serious injury attorney.  Feel free to give them my name if you need help navigating the courts in Wisconsin.  I’m at your service.

 

Pit Bulls: Man’s Best Friend? Probably Not. April 28, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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Pit Bulls, American Staffordshire Terriers, Staffordshire Terriers or just plain Pits.  Whatever they are called most often it is preceded by “I just got bit by a…”  At least that is how most dog bite phone calls to my office begin. 

Recently I have had a great number of phone calls from victims of Dog Bites in Wisconsin.  Pit Bull bites to be exact.  Don’t get me wrong, I have handled cases where Golden Retrievers, German Shepherds, Labs and other dogs bite.   But, the breed of dog that has bit my clients the most is probably Pits or Pit mixes. 

So, when I read the article this morning about the Village of Arpin (Wood County, Wisconsin) banning Pit Bulls and Pit Bull mixes I was not surprised. 

Honestly, I don’t have a problem with this.  It’s our government at work  (i.e. Federalism).  Local governments doing what they think is right for their community.  Arpin can’t ban Pit Bulls in Waukesha.  And Waukesha can’t ban German Shepherds in Arpin.  But, Arpin certainly can protect its citizens from what they see as a dangerous animal.

After listening to the calls I’ve recently heard about Pit Bull dog bites I’d probably feel a little safer vacationing in Wood County this summer.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Muskego, De Pere, Oconomowoc and Portage.