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Wisconsin Personal Injury Law Blog

Are we entering the era of driverless cars and no car accidents?

One of the fascinating things about science fiction movies is the technology that is imagined that seems impossible. When Star Trek III introduced handheld communicators in 1984, few people guessed how popular cellphones would eventually become. A few years later, Short Circuit featured unmanned ground vehicles.

Now, the first driverless car received its driver's license. Currently, only one state in the country has laws that permit driverless cars, but the change will likely sweep the country. Several other states have legislation in the works to permit self-driven or robotic cars.

Although many people in Milwaukee are afraid that robotic cars will be less safe than cars driven by humans, the opposite is true. Experts believe driverless cars will cause fewer car accidents because they are not susceptible to human error.

Are both the sender, receiver of text message liable in accident?

We've said it before. And we hope you know this by now, but it's still worth repeating. Texting while driving is dangerous, and study after study proves that distracted driving can cause serious car accidents. But who is responsible for ensuring drivers do not text and drive?

The most obvious answer is that the driver is responsible for focusing on the road while he or she is driving. But could there be more liable parties? For example, in some states, if a drunk driver causes a car accident, a bar or restaurant may be held liable for serving a patron who is visibly intoxicated.

Now, a judge is deciding whether the person who sends a text should be held liable if the person who receives the text reads the message while driving and causes an accident. This case is not taking place in Wisconsin, but like many regulations related to texting and driving, the outcome of the case will likely carry national ramifications.

10 Considerations If You Are In An Accident

By Attorney Christopher Strohbehn

Car accident.jpgWith the onset of warmer weather, people are taking to the roads more frequently for vacations, errands or just a casual Sunday drive.  This increase in driving habits can also increase your risk for accidents ranging from minor fender benders to serious collisions.  With this in mind, we have compiled a list of ten considerations to keep in mind if you find yourself in an accident situation.

1. Ensure that everyone is okay - Your first concern should always be the health and well being of all individuals involved in the accident.  Things can be replaced, but people cannot.

2. Get medical attention for those in need if necessary - Once you are able to ascertain everyone's medical condition, do not hesitate to take care of those who need help before you worry about  property damage.  Remember that in some accident situations, minutes can make the difference in the final outcome.

3. Exchange contact and insurance information - After you are absolutely certain that everyone is okay, take a few moments to exchange insurance details.  Be sure that all phone numbers, addresses and policy numbers are written correctly to facilitate the accurate and timely processing of your claim.   

4. Contact authorities to file an accident report - Even if it is a minor accident, call the police.  They will be able to file an official report that could prove invaluable should additional legal actions need to be taken.  Additionally, they can be the voice of reason on the scene of the accident if the situation becomes unstable.

5. If you are able, take pictures of vehicle damage and the accident scene - As the old song goes, pictures are worth 1,000 words.  They can help capture details that may become blurred in your memory after the accident scene is cleared.

6. Contact your insurance company to inform them of the claim - This should be done as soon as possible after the accident to ensure that the claim process runs smoothly and efficiently.   Many insurance companies request the initial contact be made within the first 48 hours after the accident occurs.  It is wise to take a few moments to check your policy to see what is expected by your carrier.

7. Contact an experienced lawyer to discuss your status - Many people mistakenly believe that minor accidents do not require official legal representation.  However, it is always good to know your rights.  Take a few moments to contact a qualified personal injury attorney to discuss your case and determine if additional action should be taken.  

8. Do not give a recorded statement to the other driver's insurance company without counsel being advised and present - Remember, your attorney wants what is best for you, while the other driver's insurance company wants to pay as little as possible on the accident claim. 

9. Do not sign any releases or settlement agreements without consulting an attorney to determine if you are being treated fairly - Your attorney can help you decipher the fine print of these documents and ensure that it is the best possible settlement for your situation.

10. If the accident is severe, do not let insurance company "total out" car without discussing with your attorney the need for a "black box" investigation - In serious accidents, it can be difficult to recall all the details of the collision with clarity.  A black box investigation can help provide the missing pieces in the puzzle.

While this list is by no means exhaustive, it is a good start in helping you realize a positive outcome to an unfortunate situation.  For more information on your rights after an automobile accident contact your attorney, or call the experts at Gimbel, Reilly, Guerin & Brown, LLP.

One killed, four injured in Milwaukee car accident

There are some intersections that are inherently dangerous. Low visibility, uncontrolled intersections and bad pavement can all cause car accidents. However, even with those conditions, one factor can be more dangerous than anything else: careless drivers.

Recently, a 23-year-old Milwaukee woman was killed in a car accident, and four others were injured. Although a full investigation has not been completed, police believe the 23-year-old woman was responsible for the fatal crash.

Wisconsin focuses on motorcycle safety, avoiding accidents

May is Motorcycle Safety Awareness Month throughout the country, and Wisconsin's Motorcycle Safety Program is celebrating its 30-year anniversary. The program is designed to help educate motorcyclists and motorists alike about the importance of sharing the road to help reduce the number of motorcycle accidents.

Motorcyclists in Milwaukee are certainly not a rarity. According to the Wisconsin Department of Transportation, more than 500,000 Wisconsin residents have motorcycle licenses permits, and there are more than 300,000 motorcycles registered in the state.

With so many motorcyclists on the road, what can we do to help eliminate motorcycle accidents?

Milwaukee police suspended for failing to investigate hit-and-run

When you are involved in a car accident, one of the first things you should do is call the police. After all, it's the police who can press charges in a hit-and-run accident, and police typically have more resources to pursue leads. But what happens when the police fail to use those resources after a car accident?

Unfortunately, one Wisconsin woman learned that lesson the hard way after the Milwaukee Police Department failed to thoroughly investigate a hit-and-run in which she suffered severe injuries.

Milwaukee mother, son killed in separate car accidents same night

Few things are more traumatic than unexpectedly losing a loved one in a car accident. But what about losing two family members in separate car accidents in one night? Unfortunately, that's what recently happened to one Milwaukee family.

A sheriff said that he's seen a great deal of unusual things during his career. However, he said that he's never seen anything as unexpected and unlikely as mother and son dying the same night in separate car accidents.

Wisconsin spring has prime conditions for motorcycle accidents

We've finally reached that point where it seems as though summer is here. People have stopped taking bets as to whether we'll get a final snow fall, and more people have been dusting off their bicycles and motorcycles. It's good to see more motorcyclists out on the roads, but riders need to remember to be safe when they're riding.

According to various statistics, this can be one of the most dangerous times for riders. Motorcyclists and car drivers alike have spent the last seven months forgetting about bike safety. However, one of the biggest causes of motorcycle accidents at this time of year is the number of new riders.

Does Wisconsin's 'castle doctrine' threaten innocent people?

If you have watched the news or read the newspaper in the last few months, you've probably heard about the shooting death of Trayvon Martin. For people in Wisconsin, the story also reminds us of the similar death of Bo Morrison.

Because of laws like the "castle doctrine," "stand your ground" and "no need to back down," it seems as though shootings in self-defense are becoming increasingly common. Under those laws, individuals may be offered legal protection if they use lethal force in self-defense. But who determines whether a homeowner was acting in self-defense or whether he was trigger-happy and aggressive?

Sadly, there's often no way to know, and the encounter often ends in a fatal accident. Recently, a Wisconsin teen narrowly avoided becoming a shooting victim and the next newspaper sensation.

Should seniors' driving be restricted to minimize car accidents?

As people get older, they become better drivers. The differences between the driving skills of a 16-year-old and a 25-year-old are astounding, and the differences between people who are 25 and 45 become even more noticeable. Are drivers get more experienced, they typically become more defensive and less aggressive drivers, and they are often better at managing distractions.

At some point, however, that changes. As seniors get older, their reaction time gets slower and their eyesight diminishes. Unfortunately, for many drivers in Milwaukee, that combination can lead to serious or fatal car accidents.

But who is responsible for taking the keys away from seniors? Should they be allowed to drive until they decide they are ready to be done?

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