Posted by rozeklawoffice on April 22, 2010 under Car Accidents, Questions and Answers | 
Question: Can my car accident (which occurred in Milwaukee, Wisconsin) insurance claim for damages (including medical bills) be denied because I was not wearing my seatbelt?
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
Posted by rozeklawoffice on April 6, 2010 under Bicycle Accidents, Wisconsin Law |
Spring in Wisconsin is finally here and summer is quickly approaching. The snow has melted making way for greener pastures and clear bike routes. By now, you have heard the safety message, “Wear A Helmet” so we will only repeat it once…”Wear A Helmet”… it’s the #1 form of protection from injuries resulting from bicycle accidents.
The second most important protection you can have is adequate uninsured/under-insured motorist (UM/UIM) coverage. If you are an active Wisconsin bicyclist and have the misfortune to be hit by a car and the driver flees the scene, the vehicle is considered under-insured; therefore, your UM/UIM insurance will likely cover your damages, medical bills, lost pay, and pain and suffering.
It is recommended that your UM/UIM limits are at least as great as your bodily injury limits. In short, UM/UIM protects you from the negligent actions of others while bodily injury protects others from your negligence. Both equally as important, not only for drivers, but for bicyclists as well.
If you have been injured in a bicycle accident and want to understand your rights to under-insured/uninsured motorist coverage, be sure to contact an experienced Wisconsin Bicycle Accident Attorney.
Posted by rozeklawoffice on March 31, 2010 under Wisconsin Law |
A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.
In Wisconsin, you only have 3 years from the date of the accident to settle your claim or file a lawsuit against the at-fault driver or negligent party- this time limit is known as the Wisconsin Statute of Limitations. Once the three years has elapsed, an injury victims no longer allowed to seek recourse for his/her injuries.
There are a few exceptions to the “3-year limit” including when a claim involves a municipal government. Wisconsin personal injury claims against municipal entities requires the injury victim to provide the particular entity with written notice of the injury within 120 days of the event. The injury victim must also present the municipal entity with a detailed notice of the claim prior to the filing of a lawsuit. Other exceptions to the 3-year limit include, but are not limited to, cases involving property damage (6-years), libel or slander (2-years), and intentional tort (2-years). Also, the Wisconsin Statute of Limitations is different for minors and disabled individuals.
There are many statutes which apply limitations periods to civil actions. It can be difficult to keep track of the various statutes and their exceptions. If you have been injured in an accident and are concerned about losing your right to sue as a result of the expiration of the statutory limitations period, please consult with an experienced Wisconsin Personal Injury Attorney who can help determine which statute applies, and help preserve your right to recover.
Posted by rozeklawoffice on March 22, 2010 under Avoiding Car Accidents, Car Accidents, General, Safe Driving Tips, Wisconsin Law |
Nationwide and throughout the State of Wisconsin, authorities are reporting more crashes caused by distracted drivers.
According to a National Highway Traffic Administration study, distracted driving accounts for 80% of all car accidents.
The Top 7 most distracting tasks that should be avoided while driving include:
- Reaching for a moving object
- Reading and Writing
- Applying Makeup
- Dialing a Hand Held Cell Phone
- Eating, and Drinking
- Texting, Talking and Listening on a cell phone
- Adjusting the Radio or CD Player
The most common distraction that causes the most car accidents involves dropping one’s cell phone while trying to dial or text and then trying to pick it up while driving. Reaching for dropped objects is twice as dangerous as other non-driving tasks including reading and changing the radio channel.
Not paying attention when driving can result in relatively minor car accidents such as collisions in parking lots; however, many times it results in serious crashes causing extensive damages, injuries, and fatalities. The good news is that distracted driving is avoidable.
According to the Wisconsin AAA, the average driver makes approximately 200 driving decisions per mile. As the number of activities increase so so the chances of an accident. And today, more than ever, we have so many opportunities to be distracted, changing songs on your iPod, glancing at the DVD your child is watching, entering an address into your navigation system, and texting a friend. A study done by the Virgina Tech Transportation Institute found that for every 6 seconds of drive time, a driver sending or receiving a text spends 4.6 of those seconds with their eyes off the road.
To reduce distractions, plan ahead. Map out your route before entering the vehicle. Eat before you leave the house. Shut off your cell phone and put it out of site. Once in the car, make a point to concentrate on keeping your hands on the wheel.
Many individuals do not believe that anyone will know if they are texting or talking on the cell phone and happen to be in an accident. It is important to understand that even if you are in a car accident caused by another driver, the insurance company will request your phone bill, review it, and determine if you were talking or texting at the time of the accident. If you were injured in the accident and are pursuing the other driver’s insurance for medical bill payment, you may loose your case based on your phone records.
Now before the Wisconsin State Assembly is a bill that was passed by the Wisconsin Senate banning texting while driving. This ban is proposed to help keep our roads safe. To assist with getting this bill approved, visit legis.wi.gov to contact your local legislator and request the passage of this bill.
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For more information on Wisconsin Car Accidents or to speak with a Wisconsin Car Accident Attorney about an accident that involved distracted driving.
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