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.

So, what should you do?

Unfortunately, in Wisconsin, and most predominately the City of Milwaukee, you do not have to do a thing. Attorneys, intermediaries, legal and medical coordinators, insurance agents and representatives of doctors offices will be flying to you. Your telephone may right. Someone may tell you that the hospital has assigned you a doctor or a lawyer. You Many find a business card in your door or mailbox. You may notice an attorney is now “following” you on twitter.Your mailbox is filled with promotional literature on personal injury attorney firms!

There are other variations of this scene and its important to know it is all a scam. “Runners” sometimes drive around with police scanners in their car. You may have an accident, and they appear asking if they can drive you to a doctor or lawyer. I have heard of tow truck drivers or body shops that also do this. There are reports of runners walking hospital hallways and entering rooms or striking up conversation in hospital waiting rooms, all while passing out their business cards. Runners may call themselves “Legal Referral Service” or “Medical Referral Service” or something similar. Don’t be fooled.

There are stories of people who have been injured and riding in the ambulance when the ambulance attendant passes them a cell phone to speak with an attorney. Others have reported that the tow truck drivers have dropped off their car at the auto repair shop and then offered to drive the injured person to a lawyer’s office.

The following are things that you should know if you have or are ever in an accident.

Hospitals do not assign anyone an accident or injury lawyer. A patients file including phone number and other contact information are kept confidential and never distributed without your permission. If the hospital refers you to a doctor other than your family doctor, they usually will give you a list of doctors with several names to chose from, which is ok.

The people running around with business cards, calling you, following yo9u on twitter, or offering to drive you to a doctor or lawyer (called “runners”) are not doing so out of pure kindness. They are getting paid. In the most outrageous cases, lawyers may offer you money directly. This is illegal. These are the kind of professionals that give all lawyers and doctors a bad rap. You should not want an attorney or doctor that gets patients this way. Any lawyer or doctor that would pay cash for a case can not be any good. The best lawyers act legally and ethically. They are the ones that do not call you first.

Insurance companies know who the dishonest lawyers are. They have departments staffed by retires law enforcement agents whose only job is to discover fraud. Even if you have a legitimate injury and case, if your lawyer is known to be dishonest, you may be investigated and watched.

So, how should you find an ethical personal injury attorney?

First and Foremost, you should be looking for an attorney that is not looking for you! Toss all the mail solicitations, block attorney “followers” on twitter, politely take business card from an y runner or person lingering in the medical facility and then throw them away. You have 3 options left: turn on TV and listen to 30 second attorney commercial (won’t learn much about the firm beyond “one call that’s all” or “don’t drop the ball, just call” ); pull out the yellow pages (not much here either since there is limited space and again filled with slogans and jargon; go to your computer and search for your type of accident or injury (finally, you will be getting solid facts, listings of experience and even free information). We would recommend searching for your type of accident using the location in your search terms (ex: Wisconsin Bicycle Accident Attorney) or your type of injury using your location in your search terms (ex: Wisconsin Brain Injury Attorney).

Once at the website, we recommend  spending some time, clicking around the site to find useful information that the firm provides. Are there any free guides that you can order? Are there any injury tools available such as a migraine diary? Are there any symptom checklists that you can print off for your use? Does the site have a blog that you can go to to find more information on your injury?

Once you have read over the information from various sites, contact the attorney using the contact method that you feel most comfortable. The firm should have on their website multiple contact options that you can choose from (i.e. instant chat, case evaluation form, email address, phone number, etc.).

Once you have contacted the attorney, ask him/her questions that help you determine who will actually be handling your case from start to finish, what is their experience with the particular injury you have sustain, who are their experts on these injuries, if the case does not settle, are they prepared to go to trial? (Very important note: If the attorney says he can get you a “quick” settlement, politely finish the conversation and move on to the next attorney. Quick settlement discussion at the onset of your case can only mean less compensation for you the injured individual).

Good luck in your pursuit for justice and your road to recovery, both financially and medically. If you would like to speak with an experienced Wisconsin Personal Injury Attorney, please do not hesitate to click on the link, view the website, and contact Attorney Randy Rozek.

Question:

Answer: Insurance adjusters will often attempt to blame injuries on the individual if he/she was not was not wearing a seatbelt. However, Wisconsin law clearly states that the maximum reduction that can be applied to an injured individuals damages is 15%. This 15% can only be applied to the injured individuals recovery for damages that were caused by not wearing a seatbelt. The at-fault driver (otherwise known as the defense) has the burden of proof to show which injuries, if any, were due to the lack of seatbelt use. If the at fault driver (defense) meets the burden of proof, then 15% may be reduced from the injured person’s damages. So, the short answer is no, your claim can not be denied based on the fact that you were not wearing a seatblet.

Please remember though, seatbelts can save lives and are am important component of driver safety.

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If you have been in an accident, please contact an experienced Wisconsin Car Accident Attorney

In a report released by the Wisconsin Department of Transportation siting 2008 statistics, across the state, the months of February and August were identified as having the most car accidents fatalities, with the most incidents occurring on Thursdays and Saturdays. In Milwaukee County, the most car accidents with injuries occurred during the months of January and July.

Surprisingly, throughout the State of Wisconsin, the most car accidents occur during the timeframe of 3:00 – 4:00 pm.

The study showed that Wisconsin bicyclists and pedestrians that were between the ages of 10-14 and drivers between the ages of 25-34 were injured most often.

Whether traveling by bicycle, vehicle, motorcycle and/or walking in urban areas across the state, males were more likely to be in an accident than females.

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If you or a loved one has been injured in a car accident in Milwaukee County, contact an experienced Milwaukee Car Accident Attorney.

What a lot of people do not realize is that insurance companies, like any other business entity, has protocol to follow to save money when making payouts to their clients. The insurance wants to cut costs and increase profits. What you may not know is that, according to a study commissioned by the insurance companies, claimants that are represented by lawyers receive an amount 2 to 3 times more than those not represented by an attorney, and this is after the attorney fees are paid.

Keep in mind that many times, injury symptoms (particularly brain injuries) do not appear right away. Although you may be symptom free or only have mild symptoms directly following the accident, a few weeks later, you may feel differently and start experiencing injury symptoms.

Also, doctors are usually not able or willing to assess a permanent medical condition until at least 6-12 months past accident. A quick settlement prevents an injured person from making a claim for permanent injury and the costs of any future medical treatment that may be needed.

My advice is simple: Do not settle your case unless you are absolutely sure that your injuries have resolved and you will have no problems in the future.

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For more on common mistakes made after a car accident, order your free Consumer Guide to Auto Accidents in Wisconsin or contact an experienced Wisconsin Car Accident Attorney.