Posted by rozeklawoffice on December 30, 2010 under Car Accidents | 
In pending litigation, Yellow Cab Cooperative has been dismissed from a lawsuit against one of their drivers. The cab driver, dispatched by Yellow Cab, stopped to pick up an intoxicated elderly man who was using a walker. As the elderly man was in the process of getting into the cab, the driver decided he did not want to transport the intoxicated man and pulled away at a high rate of speed, dragging the elderly man and his walker half a block before the man could no longer hold on to the car door. The elderly man sustained serious head, neck and shoulder injuries as a result of being dragged and thrown to the pavement by the reckless cab driver.
A lawsuit was brought against the cab driver, the owner of the cab, her insurance company, and Yellow Cab. Yellow Cab moved to dismiss the lawsuit, claiming they were not liable for the actions of the driver, as Yellow Cab is only a dispatch company and not the cab driver’s employer. As a result, Yellow Cab claimed no responsibility for ensuring that the drivers they dispatch are safe drivers. Yellow Cab also claimed they had no duty to investigate the backgrounds of the drivers they dispatch. This particular driver had a long history of driving citations and even had his license suspended in the past for points violations. Finally, Yellow Cab argued they had no duty to provide ongoing safety training to the drivers they dispatch. Eventually, Yellow Cab was dismissed from the lawsuit.
Unfortunately, most Milwaukee taxi cab riders probably do not realize that when they call Yellow Cab for a taxi, they are simply calling a dispatch company that disclaims any responsibility for ensuring a safe ride.
Fortunately, the above cited case will continue against the dangerous cab driver.
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For more information see Milwaukee Car Accidents.
Posted by rozeklawoffice on December 9, 2010 under Drunk Driving |
In a new federal study released today on driving under the influence of drugs and alcohol, Wisconsin ranked highest among all of the states. The National Survey on Drug Use and Health asked people 12 and older whether, within the last 12 months, they had operated a motor vehicle while under the influence of alcohol or illicit drugs, i.e. marijuana, heroin, cocaine, crack, hallucinogens, prescription medications taken recreationally.
The results of the survey revealed that Wisconsin had the highest rate of driving while under the influence of alcohol, at 23.7%, meaning nearly 1 in every 4 Wisconsin residents had driven drunk within the last year. The study ranked all 50 states, with Wisconsin (23.7%) and North Dakota (22.4%) having the highest rates, while Mississippi (8.7%) and Utah (7.4%) having the lowest rates. The only good news for Wisconsin residents is that the study did not show an increase in drunk driving numbers when compared to past results.
Wisconsin also fared better in the numbers for driving under the influence of drugs. Wisconsin was in the 4.8% to 5.2% range, as compared to the highest ranked state, Rhode Island at 7.8%. The study also did not show an increase in driving under the influence of drugs as compared to past results.
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See our webpage for more information about Wisconsin Drunk Driving Accidents.
Posted by rozeklawoffice on December 1, 2010 under General |
Texting While Driving In Wisconsin Now Banned
Congratulations to Wisconsin for becoming the 30th state to ban texting while driving an automobile. The ban became effective today, December 1, 2010. The ban also applies to emailing while driving. The law is a “primary” enforcement law, which means police officers can stop drivers if they are suspected of texting while driving. Drivers convicted of composing an email or a texting a message while operating an automobile can face fines from $20 to $400 and could lose up to four points.
The new law was enacted in response to many recent studies that have shown the dangers of texting while driving. Experts have confirmed the existence of three main elements to distracted driving:
The first, Visual Distraction, is physically taking your eyes off the road. The second, Manual Distraction, is physically taking your hands off the wheel. And the third, Cognitive Distraction, is taking your mind off of what you are attempting to do at the time. Unfortunately, texting or emailing while driving involves all three elements of distracted driving, which can be deadly. Conservative estimates have shown that each year approximately 6,000 people die and another 500,000 are injured each year automobile crashes due to some type of distracted driving.Other studies have likened texting while driving to the equivalent of being intoxicated while driving.The problem of distracted driving is such a major public health concern that the federal government has created a website to educating the public about the dangers of driving while distracted. See distraction.gov.
Many feel the new Wisconsin ban on texting or email while driving does not go far enough because it does not ban reading texts or emails while driving. The other obvious problem is enforcement of the law, which may prove difficult if not impossible to enforce, since talking on a cell phone is still legal.
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If you have been injured due to a distracted driver, you can find more information here: Wisconsin Car Accidents.
In pending litigation, Yellow Cab Cooperative has been dismissed from a lawsuit against one of their drivers. The cab driver, dispatched by Yellow Cab, stopped to pick up an intoxicated elderly man who was using a walker. As the elderly man was in the process of getting into the cab, the driver decided he did not want to transport the intoxicated man and pulled away at a high rate of speed, dragging the elderly man and his walker half a block before the man could no longer hold on to the car door. The elderly man sustained serious head, neck and shoulder injuries as a result of being dragged and thrown to the pavement by the reckless cab driver.
