Recent Blog Posts
Ignition Interlock Devices Causing Collisions
Ignition interlock devices, often called IIDs, are ordered for those convicted of drunk driving in the State of Wisconsin. The devices are designed to prevent drunk driving by requiring the driver to blow into the device before starting the vehicle. However, these devices have been linked to causing distracted driving collisions due to the need for random "rolling retests" while the vehicle is in motion.
The main issue arises when drivers are required to breath into the…
Should Wisconsin Have Dram Shop Liability?
Wisconsin's current approach to drams shop liability is limited as compared to many other states. If Wisconsin were to expand dram shop liability, many potential benefits could be foreseen. For example, expanding dram shop liability would allow persons injured by drunk drivers to hold bars and restaurants accountable for overserving patrons or underage drinkers. The increased accountability would encourage establishments to be more careful about monitoring patron alcohol…
Experience Provides Stronger Negotiation Leverage
Hiring a personal injury lawyer with experience can significantly impact the outcome of your case. This experience will assist your case even if the case never reaches the courtroom. A lawyer with trial experience commands respect from the insurance companies which often leads to higher settlement offers. A lawyer with trial experience is not stuck with the offer from the insurance company and is able when necessary to move the case towards a jury trial. The lawyer's…
What is Wisconsin's Move Over Law?
Wisconsin's Move Over Law requires drivers to move over or slow down for stopped emergency vehicles with flashing lights. The purpose of the law is to protect people who work on the side of the road, such as law enforcment, emergency responders and maintencance workers. The law requires that drivers must move out of the closest lane to the stopped emergency vehicle. A driver must also reduce their speed until they are past the emergency vehicle. If a safe lane change…
Seeking Adequate Medical Care after a Car Collision
A person in a car crash often does not know how badly they are hurt. In some instances, the injury is easily identified. In other cases, a person may not know immediately just how badly they were hurt at the time of the collision. A very common example is a person who does not know that they hit their head on something at the time of the collision until they notice blood or days later notice a bump on their head. That is why at Herrick & Hart we always recommend…
Collisions Under the Influence of THC
In Wisconsin, the debate will continue in the future over the legalization of THC. However, for now THC remains illegal. A driver that causes a collision under the influence can be held civilly liable as well as criminally responsible for causing a collision and injury.
After a collision where the use of THC is suspected, law enforcment may seek a blood sample from the driver. If this blood sample is positive for THC, that result may become important evidence in a…
Cruise Control Causing Collisions
Cruise control can potentially lead to car collisions in several different ways. In some cases, the cruise control can malfunction. The malfunction can lead to unintended acceleration that can lead to serious collisions and fatalities Additionally, drivers who use cruise control believe that the system will prevent crashes. This can lead to driver overconfidence and lead them to set the cruise control at a higher speed than the legal speed limit. Further, the…
Older Drivers and Car Collisions
The Centers for Disease Control reports that older drivers aged 70 and over have a higher death rate per 1000 car crashes than younger drivers. Further, about 20 older adults are killed on the roadways of the United States each day. In addition, about 540 older adults are injured on the roadways each day.
Older drivers often cause car…
Do I Have Another Claim Besides Worker's Compensation?
If you have been injured at work, someone has probably told you that your only claim will be against the worker's compensation carrier. An employee should keep in mind that worker's compensation is the exclusive remedy an employee may have against an employer. There are many other exceptions where a claim may exist outside the realm of worker's compensation. One exception is where the injury is due to a defective product. In this case, the employee may be able to bring…
Long Term Impacts of Concussions
Concussions can have a significant impact on a person's health and well-being. For many, the recovery is not quick and leaves a lasting impact.
For the long term, concussions can lead to memory problems. This causes a person suffering from a concussion to have difficulty recalling events or information. Further, they may experience concentration difficulties. This causes a person to have difficulty focusing and completing daily tasks both at work and at…