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Wisconsin Personal Injury Law Blog

Speeding, seat belts continue to be problem for Wisconsin drivers

As you make your way to visit family in a neighboring state or spend time with friends at a cabin up north this Memorial Day weekend, you will want to be doubly sure that you obey all vehicle traffic laws. That’s because law enforcement officials will likely be out in large numbers, looking to crack down on those drivers who engage in risky conduct that greatly increases the risks of serious car accidents.

In fact, those drivers looking for a list of risky driving behaviors to avoid this weekend should consider consulting a recently published list outlining the ten most common traffic convictions in Wisconsin in 2012.

The traffic convictions occupying the top two slots are a fixture of this annual list: speeding (11 to 19 miles-per-hour over the posted speed limit) and failure to wear a seat belt. In total, there were 110,422 speeding convictions and 104,489 seat belt convictions last year.

Was a sneeze to blame for a fiery truck crash?

All first-year law students must take a course called torts, which essentially examines civil wrongs resulting in some sort of harm for which the victim can seek some type of remedy (typically damages). The final exam for this course usually consists of a law professor devising a rather outrageous and highly improbable accident scenario, and asking the test taker to identify and explain any and all causes of action stemming from it.

Interestingly, the unbelievable circumstances behind a truck accident in East Hanover, New Jersey earlier this month seem like something a first-year law student could expect to see on their final torts exam.

According to reports, a garbage truck driver was making his way through a residential neighborhood in the early morning hours of May 8, when his massive rig suddenly jumped over the curb, traveled over the lawn of one home, struck a hanging tree branch, and crashed into the garage and second story bedroom of a home occupied by a woman and her children.

Family of deceased NHL enforcer files lawsuit against league

hockey.jpgWith the National Hockey League playoffs currently in full swing, hockey fans around the country are glued to their television sets and computers following their favorite teams and eagerly tracking the rest of the action. However, the playoffs aren't the only hockey story generating headlines right now, as the family of one of the league's former star enforcers has officially filed a wrongful death lawsuit against the NHL.

The parents and four siblings of Derek Boogaard, who died of an accidental overdose of alcohol and prescription drugs in May 2011, filed the lawsuit in the Circuit Court of Cook County last Friday.

An autopsy later revealed that Boogaard, who was only 28 at the time of his death, was suffering from chronic traumatic encephalopathy, a neurological disease brought on by repeated and severe blows to the head.

Preventing tractor rollovers: There's an app for that?

smartphone2.jpgIf you are among the millions of Americans who own a smartphone, you have undoubtedly spent a considerable amount of time combing through the thousands of available applications. While many of these apps are useful or informative, others are inherently silly or perhaps even bizarre. However, how many can be described as potentially lifesaving?

Researchers at the University of Missouri have designed a smartphone app called VR-PETERS (Vehicle Rollover Prevention Education Training Emergency Reporting System) that they believe will save the lives of farmers involved in tractor rollover accidents.

According to the National Institute of Occupational Safety and Health, tractor rollovers claim nearly 250 lives per year and are the leading cause of accidental deaths among farmers. Furthermore, the agency has determined that only half of the 4.7 million tractors on U.S farms have rollover protection and that one out of every ten farmers will experience a rollover at least once.

Veterans facing elevated risk behind the wheel

Car accident.jpgWe owe immeasurable gratitude to those who bravely served in our nation's armed forces during the wars in Iraq and Afghanistan. While deployed, these men and women routinely faced great danger, bravely putting their health and safety on the line in the name of serving our country.

Unfortunately, recent studies and statistics have shown that veterans of these two wars are now facing a great danger here at home: motor vehicle accidents.

Consider the following:

  • According to a Department of Veterans Affairs study, male veterans have a 76 percent higher risk of being killed in a car crash than men in the general population, while females veterans have a 43 percent higher risk of being killed in a car crash than women in the general population
  • USAA insurance determined that troops who were deployed three times were 36 percent more likely to get in an accident versus 27 percent for those deployed two times and 12 percent for those deployed once
  • Government statistics show that the number of active duty personnel killed in non-combat auto wrecks from 1999 through 2012 totaled 4,423, a higher number than the 4,409 killed in the entire Iraq war

CDC report: Elderly pedestrians face greater fatality risk

elderly pedestrian.jpgMost of the discussions concerning distracted driving, speeding and other dangerous conduct behind the wheel is focused on how it can -- and does -- result in fatal motor vehicle accidents. However, it's also important to understand that these behaviors can have tragic consequences for pedestrians.

According to researchers from the Centers for Disease Control and Prevention, roughly 4,000 pedestrians are killed in traffic accidents in the U.S. every year, while there were a staggering 47,000 plus traffic-related pedestrian deaths from 2001 to 2010.

As if this wasn't shocking enough, CDC researchers recently determined that the age group most likely to be killed in pedestrian accidents is also one of society's most vulnerable.

Report blames weather, economy for spike in motorcycle deaths

rainy day.jpgLooking at the gloomy weather forecast -- rain with lows projected in the 40s over the next week -- it's hard to believe that we were enjoying unseasonably warm and sunny weather throughout the upper Midwest at this time last year.

Curiously, a new report from the Governors Highway Safety Association, a group whose stated mission is to "promote traffic safety as a national priority," indicates that last year's temperate weather may have played a significant role in the increased number of fatal motorcycle accidents.

After gathering preliminary data on motorcycle fatalities from all 50 states, GHSA researchers determined that motorcycle accident fatalities rose by nine percent in 2012, reaching well over 5,000 riders.

Bill would extend protection to Wisconsin's sanitation workers

garbage truck.jpgWe naturally think of firefighter, police officer and construction worker as three very different occupations involving very different -- and very real -- job-related dangers. However, all men and women who work in these positions do share at least one common occupational hazard: the risk of being struck by motorists zooming by at dangerous speeds.

Fortunately, lawmakers here in Wisconsin have taken steps to protect the construction worker repairing the road, the police officer issuing a ticket and the firefighter putting out an inferno along a busy thoroughfare. Specifically, motorists who commit a moving violation (i.e., speeding) while passing any of these professionals can be issued a ticket that is double the regular fine.

Recently introduced legislation in the state legislature is now looking to extend this same level of protection to another type of worker whose health and safety are routinely jeopardized by reckless drivers: sanitation workers.

Wisconsin community mourns after fatal grain silo accident

grain silo.jpgNational Public Radio recently published a rather eye-opening story outlining the dangers posed by grain silos, a fixture of farm landscapes throughout the Midwest. According to the piece, there have been almost 180 fatal grain-related entrapment fatalities in the U.S. since 1984, three of which occurred right here in Wisconsin.

Sadly, this number rose to four last week after a tragic grain silo accident in southern Wisconsin took the life of a young worker.

Sources indicate that Jerad G., 27, was reported missing at around 10:30 a.m. last Friday by his fellow employees at a United Ethanol grain silo located in Milton. Specifically, emergency personnel were summoned after Jared G., who had been working alone in a grain silo, failed to answer his radio.

Accident reconstruction teams provide answers to those affected by car wrecks

fatal car accident.jpgIn the standard fender bender, the motorists involved will typically exchange information and contact the local police department who will then dispatch an officer to the scene to fill out a standard accident report. However, whenever fatalities or serious injuries are involved, road/vehicle design may have played a factor, criminal charges may prove necessary or special interests are implicated, an accident reconstruction team may be summoned to the scene.

These accident reconstructionists play an extremely important role in that they help provide a complete picture of what exactly transpired regarding the auto wreck, including the who, what, when, where and why of the events leading up to the crash and its aftermath.

"When your loved one is killed in a crash, you need answers," said Capt. Rick Olig of the Fond du Lac County Sheriff's Office. "And for us to be able to say here's what happened -- good, bad or whatever -- they get the truth from us."

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