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What Makes Truck Accident Cases Different?
Any traffic accident has the potential to cause death or serious injury, but truck accidents can be especially problematic. A truck’s sheer size and weight can mean that truck accidents are especially likely to result in fatalities. In fact, according to statistics compiled by the National Highway Traffic Safety Administration, large trucks represented only four percent of vehicles on the road, but they were involved in eight percent of fatal accidents.
There are a host of factors that make truck accident lawsuits different than lawsuits about ordinary traffic accidents, however many of them stem from two causes. First, truck drivers are professionals, which mean that they have different regulations and legal duties. Second, collecting and managing evidence in cases with large truck accidents is very different.
How a Personal Injury Lawsuit Progresses in Wisconsin
Despite the fact that many people may likely end up involved in a lawsuit at some point in their lives, most people do not understand the way that a lawsuit progresses. It can be a good idea for people who are about to file a lawsuit to understand the phases it goes through. This enables them to understand the progress being made on their case as it happens, rather than feeling like the court is just leaving them in limbo. A personal injury lawsuit, like the kind that follows a car accident, can be broken down into three broad sections: pleading, discovery, and trial.
The Pleadings
The pleadings are the earliest part of the personal injury lawsuit. They begin with a legal document called the complaint. The complaint is filed by the plaintiff - the person injured - and it lets the court know generally what the lawsuit is about. Usually it provides a summary of important facts, as well as the legal claims being made. Once the complaint is filed, it must be “served” on the defendant. This means that a copy of the complaint is sent to the other side, along with a summons telling them to appear in court.
Motorcycle Accidents in Wisconsin
Motorcycles have become more popular in the past ten years among Wisconsin residents. For every 100 residents, there are 5.9 registered motorcyclists and over 515,000 registered motorcyclists. With the increasing popularity of motorcycles, there has also been an increase in accidents. According to statistics in the 2012 Wisconsin Motorcycle Safety Facts Book, 112 motorcyclists or their passengers were killed in 2012. That is an increase of 40 percent from 2011. Failure to control the motorcycle and inattentive driving are the two leading causes of both fatal and non-fatal crashes. With more residents receiving their motorcycle endorsement, it is important to know what to do in case of an accident.
Causes of Motorcycle Accidents
Similar to receiving your driver’s license, motorcyclists are required to obtain a motorcycle permit and then complete a rider education course or motorcycle skills test. Even with the extra training and education, sometimes road conditions or actions from others can cause an accident. Not fully stopping or looking before going to an intersection, not looking before changing lanes, or going too fast in unsafe road conditions can be a contributing factor to motorcycle accidents.
Slip and Fall Injuries: Liability for Icy Sidewalks
Wisconsinites are used to dealing with the cold and the ice that come along with winter, but these conditions can still pose a danger to people. One of the most common dangers is from slick sidewalks covered in ice. In fact, worldwide there are hundreds of thousands of deaths each year from falls, according to statistics compiled by the World Health Organization, and they can be especially serious for older members of the population. Fortunately, the law provides people with the ability to recover for these sorts of slip and fall injuries under a doctrine known as premises liability. That doctrine holds people responsible for maintaining their property in safe condition for other people. However, there are a variety of factors at play that can affect the strength of someone's claim.
Premises Liability
Changes to Federal Trucking Regulations May Endanger Other Drivers
Large trucks pose a unique danger to other drivers on the road. Their massive size makes it harder for their operators to see what is around them, harder for their operators to turn, and harder for their operators to bring them to a stop. Additionally, their extra mass means that large truck accidents can be especially serious. National Highway Transportation Safety Administration data reveals that trucks are responsible for eight percent of all fatal accidents, despite constituting only four percent of all cars on the road.
Because of these unique dangers, the law imposes certain restrictions on truck drivers. They must get a certain amount of rest over certain periods, and there are limits to the amount of time they can drive consecutively and per week. However, Congress relaxed these federal trucking regulations as part of the recent spending compromise, meaning that other drivers on the road may now be less safe.
Emotional Distress: Legal Claims for the Pain of a Loved One
It is never easy to go through the loss or severe injury of a loved one in an accident, and no amount of compensation can fully heal them. However, the law does offer a variety of claims to ensure that the careless people responsible for their injuries are held responsible. One important claim that is discussed less than some of the others is the negligent infliction of emotional distress. Claims for negligent infliction of emotional distress allow people to recover for the emotional pain that they suffer from watching their loved one be involved in a severe accident. Yet, it is important for claimants to note that these types of claims are somewhat controversial, so the law places limitations on their use.
Negligent Infliction of Emotional Distress
The law recognizes that a person whose loved one is involved in a serious accident will suffer very real pain as a result of their concern and shock over the accident. Consequently, a decision of the Wisconsin Supreme Court allows people whose loved ones were involved in an accident to bring a legal claim to recover for that pain.
Truck Driver Substance Abuse and Truck Accidents
Commercial truck drivers have a demanding job. They face long, lonely hours on the road, and their salary is directly related to how hard they are willing to push themselves to keep driving. Consequently, federal law places a variety of restrictions on how long truck drivers are allowed to stay on the road for, in order to reduce the possibility of truck accidents. Unfortunately, many drivers choose to ignore these restrictions, pushing themselves beyond the legal limits. Even more problematically, worldwide research suggests that many of these drivers rely on illegal substances in order to stave off the fatigue and boredom that comes from that type of driving. Drivers who share the road with these trucks should be sure to keep this type of danger in mind.
Common Types of Truck Driver Substance Abuse
Truck driver substance abuse falls into two main categories, abuse of depressants and abuse of stimulants. Abuse of depressants involves drivers who are using drugs such as marijuana or alcohol when they are behind the wheel. In fact, truck drivers in the United States had the highest incidence of positive tests for alcohol use; 12.5 percent of drivers tested positive. These sorts of drugs can pose a serious danger to drivers sharing the road with truckers because the alcohol and marijuana can impair a driver's concentration, slow their reaction time, and can even cause truckers to fall asleep behind the wheel.
The other type of substance abuse that is common for truck drivers is the abuse of stimulants, drugs like cocaine and amphetamines. Truckers often use these sorts of substances to stave off fatigue and keep driving longer. While the fact that these drugs help keep drivers more alert may seem like a good thing, they come with a host of dangerous side effects. Truck drivers using stimulants behind the wheel may experience dizziness, impaired concentration, altered reaction times, and even hallucinations.
Responding to a Truck Accident
This prevalence of substance abuse among truck drivers adds an extra dimension to the way in which people should respond to trucking accidents. Acquiring evidence of possible substance abuse during the crash can make it easier to prove fault in the case. People should also be aware of the special laws related to substance abuse that apply to truck drivers. For instance, the Federal Motor Carrier Safety Administration has placed a lower legal BAC limit on truck drivers. Rather than the ordinary 0.08 percent legal limit, truck drivers are considered intoxicated if their BAC rises above 0.04 percent.
Trucking accidents can lead to serious injuries because of commercial trucks' massive size. If you have been injured in a trucking accident, and want to learn more about your rights, contact a skilled Milwaukee personal injury attorney today. Our team of lawyers is here to help you fight for the full and fair compensation that you deserve.
Motorcycle Accidents: Pursuing the Negligent Driver
Today, motorcycles are a popular source of enjoyment and entertainment in our society, but they pose unique dangers due to their design. According to the National Highway and Traffic Safety Administration, in the year 2012, 4,957 motorcyclists across the United States suffered fatalities as a result of motor vehicle crashes. In Wisconsin, 118 motorcyclists died in traffic accidents out of 2,720 total motorcyclist accidents, while 2,183 suffered injuries as a result of traffic accidents. Although the number of motorcycle accidents in Wisconsin account for only 1.5 percent of the total motor vehicle accidents across the state, they almost always result in serious injuries and extensive medical bills.
Not only do victims of motorcycle accidents need to worry about their injuries and medical bills, but they also have to worry about lost wages. If you or someone you know was injured in a motorcycle accident as a result of the negligence of another party, you may be entitled to compensation for your losses. In order to properly assert your legal rights, and increase the likelihood of success on your claims, you should contact an experienced motorcycle accident attorney.
Wrongful Death: Seeking Justice for the Negligent Death of a Family Member
Wrongful death actions arise when the negligence or intentional act of an individual causes the death of another. Wisconsin law outlines who has the right to bring a claim, the time limits within which the wrongful death claim may be brought, and the types of damage that could be recovered under a wrongful death claim.
Who Can File a Wrongful Death Lawsuit?
When death is caused by a wrongful or negligent act, the filing of a civil lawsuit is available only when the deceased person could have pursued the personal injury claim had they still been alive. Usually, the family of the deceased individual or the individual’s estate could file a wrongful death lawsuit against the individual or legal entity responsible for the death of the family member. It is not unusual after murder trials for the family of the victim to bring a wrongful death action against the murderer, even if the individual was not convicted of murder.
Bicycle Accident Injuries
Bicycle accidents, especially ones involving motor vehicles, can result in serious or life-threatening injuries. In Wisconsin, almost every time a bicyclist is involved in a motor vehicle accident, he or she is likely to suffer injuries. In 2012, over 1,100 bicyclists were involved in accidents, and 1,049 suffered injuries while 11 were killed as a result of the accident. This translates to an average of one bicyclist injured every 8.3 hours. As recently as March 24, 2015, a 22-year-old Sheboygan native was riding his bicycle in the morning when a pickup truck collided with him. He suffered injuries as a result of the accident and died the next day.
Bicyclists and motor vehicle operators are required to obey the rules of the road. Generally, these rules include exercising ordinary care for their own safety and the safety of others. They are also required to obey the traffic laws.
