Reasons for Auto Accidents
If you’ve been injured in a car crash, it may well be due to negligence on the part of another driver. The unfortunate reality is that some drivers do not take their driving responsibilities seriously, and their negligence leads to unnecessary accidents and suffering.
At Domnitz & Domnitz, S.C., the most common causes of accidents we see are:
Traffic violations (such as failure to yield or running a red light or stop sign)
Speeding
Reckless driving
Distracted driving (such as texting while driving)
Driving under the influence of drugs or alcohol (DUI/OWI)
Reduced visibility due to fog, weather, or difficult terrain
Failure to drive safely in poor weather conditions
Aggressive driving
Collisions with animals
Unforeseen Medical events (like seizures or heart attacks)
Driver fatigue
Failure to use a turn signal
In many of these examples, a violation of a driver’s obligation to drive safely is involved. It is important to know that if you are injured due to the negligence of another driver, you have the right to seek fair and just compensation for your injuries and related damages, including pain and suffering.
If you have been the victim of a car accident through no fault of your own, an experienced personal injury lawyer can help you recover full compensation for damages you’ve incurred due to the accident. Recovered Damages can include: medical bills, therapeutic care, lost wages and pain & suffering, both past and future.
For a free, no-obligation consultation for your car accident claim, call Domnitz & Domnitz today. We are experienced Milwaukee auto accident attorneys with a successful track record that includes over $100 million in awards for our clients.
Accidents with Drunk Drivers
Unfortunately, impaired driving continues to be a significant problem across the U.S. Every day, approximately 30 people die nationwide in alcohol-related car accidents. In addition:
About 30 percent of all traffic accidents in the U.S. involve alcohol.
Young people are at the highest risk for getting behind the wheel after drinking.
Of the fatal alcohol-related crashes in the U.S. in 2012, about 30 percent were drivers between the ages of 21 and 24.
According to the CDC, one person dies every 50 minutes in the U.S. in a motor vehicle crash involving an alcohol-impaired driver.
The annual cost of these accidents is more than $44 billion.
In 2016, more than 1 million drivers were arrested for DUI of alcohol or narcotics.
If you are hit by a drunk driver, you have rights. Contact us today to learn more about your legal options.
What Constitutes Driving Drunk?
Most Wisconsin drivers think that if they’re under the .08 percent blood-alcohol threshold they’re safe to drive, but that’s not true. In fact, people can face drunk driving charges even when their blood alcohol levels are less than .08 percent if their driving is still impaired.
Driving under the influence of drugs is also a criminal offense. In addition to criminal penalties, people who have negligently caused the death of another person in a drunk driving accident may face civil liability.
Dram Shop Laws
Residents in Wisconsin may benefit from learning more about the statutes governing dram shop liability in the state. Dram shop is legal terminology used to describe establishments that sell alcoholic beverages such as bars, pubs, or taverns.
People who dispense, give or sell these beverages to someone under the age of 18 are breaking the law and may be penalized in accordance with the appropriate statutes. The severity of the penalties may depend on whether the accused knew or should have been aware that the person was under the legal drinking age.
Drunk Driving in Wisconsin
With the high rate of binge drinking in Wisconsin, it shouldn’t come as any surprise that drinking and driving is a problem here. In fact, Wisconsin has the highest drunk driving rates of any state, and about 36 percent of all accidents are alcohol-related. What’s more:
Of the over 10,000 deaths that occurred nationwide in 2012, 223 of those were Wisconsin residents.
An additional 3,000 people were injured in Wisconsin due to impaired driving.
Strategies for Reducing Drinking and Driving
As a Wisconsin resident, it’s vital that you do what you can to protect yourself both from being a drunk driver and from becoming the victim of a drunk driver.
The National Highway Transportation Safety Administration (NHTSA) suggests the following simple ways that individuals can help reduce the risk of injury from drinking and driving:
Plan ahead. Always designate a non-drinking driver before any party or celebration begins.
Take the keys. Do not let a friend drive if they are impaired.
Be a helpful host. If you’re hosting a party, remind your guests to plan ahead and designate their sober driver, always offer alcohol-free beverages, and make sure all of your guests leave with a sober driver.
Taking Special Care During the Holidays
Big, family holidays typically mean more cars on the road and more crashes. When travelling by car for any holiday, Wisconsin drivers are urged to remain alert and allot extra travel time, as most trips take 26 percent longer for major holidays like Thanksgiving.
We also recommend that drivers be aware of the following factors that also contribute to holiday upticks in car accidents:
Night driving reduces visibility and can lead to drowsy driving.
Driving after having an alcoholic beverage with a holiday dinner.
Traveling along narrower, unfamiliar roads.
It’s every driver’s responsibility to drive safely and to take the precautionary steps necessary to refrain from driving under the influence of drugs or alcohol.
The Dangers of Teen Drivers
Drunk drivers aren’t the only danger on the roads. The unfortunate reality is that teen drivers are inexperienced drivers, which often makes them not very good drivers. In fact, according to the CDC:
Motor vehicle deaths are the leading cause of death for American teens.
In 2015, 2,333 teens in the United States ages 16–19 were killed in motor vehicle crashes. That means that six teens ages 16–19 died every day from motor vehicle injuries.
The high rate of teen deaths can be attributed to a number of factors, including inexperience, immaturity, and an overdeveloped sense of invincibility (i.e. “it won’t happen to me”). Additionally, distracted driving (like texting while driving) and excessive speed are strong factors in teen car crashes.
Teens Cause More Milwaukee Car Accidents When Driving with Friends
According to AAA, teen drivers are far more likely to be involved in fatal car accidents when they have passengers under age 21 travelling in the vehicle with them. Having one young passenger (and no adults) in the car increases a teen’s chances of being involved in a fatal crash by 44 percent compared with driving alone, and the risk increases exponentially with each additional passenger.
Interestingly, teen drivers’ risk of being involved in a fatal car accident actually drops by 62 percent when an adult over age 35 is riding in the car.
Parental Responsibility for Teen Driving
Teaching teens good driving habits isn’t only about keeping teen drivers safe, it’s also about protecting oneself from liability as a parent. It is, in fact, possible to sue a teenager for drunk driving injuries.
Wisconsin considers an individual of 18 years as an adult. That also includes minors who are under guardianship. Guardianship expires the moment a minor turns 18. However, individuals 18 years old are considered minors. A civil lawsuit to recover compensation for injuries can be be directed toward their parents or guardians.
Ways Parents Can Teach Responsible Driving Habits
Luckily, there are proven strategies that parents can implement to improve the safety of young drivers on the road. As part of National Teen Driver Safety week, the National Highway Transportation Safety Administration (NHTSA) offers parents the following tips:
Know your state’s graduated driver licensing laws.
Establish a parent-teen driving contract that sets forth basic safety expectations.
Agree to ban the use of cell phones while behind the wheel.
Limit night-time driving, especially if other teens are in the car (if not already prohibited by graduated licensing laws).
Have honest discussions about drinking and driving.
The Dangers of Texting While Driving
In December 2010, Wisconsin became the 25th state to make texting while driving illegal, and for good reason. Consider this:
Sending a text message makes a driver 23 times more likely to be involved in an accident. And teens—who already have less experience on the road and are more likely to be involved in an accident—are five times more likely to text than adults.
One frightening statistic pointed out that at any given daylight moment in the U.S., approximately 660,000 drivers are using their cell phones or other electronic devices while driving.
Why is Texting While Driving So Dangerous?
As modern, multi-tasking people, many of us like to think that we can juggle multiple tasks at once without any ill effects. Unfortunately, as many well-studied psychological phenomena show, that isn’t the case.
In fact, according to at least one study, crash risk increases by as much as four times when a driver is using a cell phone. The four primary reasons for this are selective attention, inattentional blindness, inattentional deafness, and tunnel vision.
Combined, these four cognitive phenomena make texting while driving especially dangerous, with some statistics indicating that texting while driving increases the risk of collision by anywhere from 8 to 23 times.
Other Types of Distracted Driving
It’s important to remember that texting and talking aren’t the only distractions causing crashes. Other activities contributing to distracted driving statistics include eating and drinking, grooming, watching videos, adjusting a radio or CD player, and reading.
Accidents with Uninsured and Underinsured Motorists
If you were involved in a motor vehicle accident where the other driver either has no insurance or does not have enough to cover your damages, you may need to invoke the underinsured motorist provisions of your own auto insurance coverage.
In Wisconsin, auto insurance policies are required by law to contain uninsured motorist coverage. It covers you up to a certain amount for injuries caused by a motorist who does not have insurance or an unidentifiable hit-and-run driver. But just having the insurance coverage isn’t all you need—you also need to make sure you have a lawyer on your side.
Many people make the mistake of filing an uninsured or underinsured motorist claim against their insurer without talking to an attorney. Don’t be one of them. As soon as you file an UM or UIM claim, your insurer is allowed to treat you as if you were any third party else filing a claim against them. They are not on your side.
Mandatory Insurance Minimums
According to the Wisconsin Department of Transportation, all Wisconsin drivers must have an automobile insurance policy in force. In addition, the insurance policy must provide the following minimum liability coverage:
$10,000
for property damage
$25,000
for the injury or death of one person
$50,000
for the injury or death of more than one person
Mandatory liability insurance minimums vary from state to state. However, even if UM and UIM insurance are not required where you live, remember that the odds of getting hit by an uninsured or underinsured driver might be greater than you think. In Wisconsin alone, the number of uninsured motorists topped out at 12-15 percent in 2012!
Required Coverage vs. Optional Coverage
In Wisconsin, UM coverage is mandatory but UIM coverage is optional. UM coverage helps you pay for any injuries caused to you or your passengers in an accident involving an uninsured driver or a hit and run. UIM coverage comes into play when you’re hit by a driver who has some insurance, but not enough to cover all of your medical costs.
So, is it worth it to purchase one or both of these types of coverage? In our opinion, the answer is yes.
In an Accident with an Uninsured or Underinsured Driver
Getting compensation when you have been in an accident with an uninsured or underinsured driver in Wisconsin can be tricky. And, sadly, we have seen individuals who tried to navigate this process alone or with the help of an inexperienced personal injury attorney, and procedural errors resulted in a forfeiture of their right to collect underinsured motorist benefits from their own insurer.
Do not let this happen to you. Let us provide you with the benefit of our knowledge and experience to make sure you get the full amount of money you deserve.
Hit and Runs
When you’re involved in a hit-and-run accident, knowing what to do can be difficult. The most common question we hear is whether hit-and-run victims can sue for damages.
Can You Seek Coverage If You’re the Victim of a Hit and Run?
If an unidentified or unknown driver caused your accident, you may still recover compensation for your injuries through your uninsured motorist coverage. Uninsured motorist (UM) coverage, which is legally required in Wisconsin auto insurance policies, covers you up to the amount of UM coverage you purchased for injuries or damages caused by a hit-and-run driver.
Wisconsin courts have held that uninsured motorist coverage applies to accidents in which the identity of the vehicle at fault for the accident is unknown if three elements are satisfied:
An unidentified motor vehicle
The unidentified motor vehicle hits the plaintiff’s vehicle
The unidentified motor vehicle (or driver) leaves the scene
In an Accident with a Rental Car FAQ
Like hit and runs, accidents with rental cars can be challenging. Here are some of the most common questions about rental car accidents that we hear.
Do you need optional supplemental liability protection?
Many car rental companies provide “optional supplemental liability protection,” or SLP. This protection is meant to cover renters who experience accidents, including those that result in injury.
SLP coverage may vary by state. In Wisconsin, the renter must have personal car insurance with liability limits of $25,000 per person and $50,000 per accident. SLP coverage in Wisconsin is also dependent on how damages to a rental car have occurred. In cases of collision, SLP coverage may depend on who is at fault and what kind of insurance each party has.
In many cases, the relationship between SLP coverage and insurance policies is ambiguous. When considering SLP coverage, it is wise to consult professional legal advice to determine the extent of your potential liability and coverage in case damages were to occur.
What about extra personal protection?
Extra insurance is often offered by car rental companies to cover personal damages to drivers, passengers, and belongings. Exclusions frequently apply, but obtaining extra personal protection may contribute supplemental assistance to cover medical costs that are primarily handled by personal car insurance policies.
Are you covered for minor damages?
It can be tricky to defend yourself if car rental companies claim that your rental car was returned with dents, scrapes, or other minor damages. The best legal protection is documenting the vehicle before driving it. With a representative of the rental company present, take notes and photographs of any existing imperfections on the vehicle, including dented bumpers, scratched paint, and other minor damages.
If you do, indeed, cause minor damages to a rental car, you’ll still be assisted by Wisconsin Law in getting estimates for the fixes from companies other than the car renters. The rental company must act quickly—within two days, to be specific—to notify you if they believe you’re responsible for minor damages, so that you have a chance to understand the situation without being charged seemingly exorbitant amounts. The rental company is also required to show you how they came up with the price that they seek to charge you.
What if you’re pulled over by police?
If the car you’re renting seems unfit to be on the road in the eyes of the law, you’ll be left to deal with the consequences. Car rental companies may tell you that expired license plate stickers, for example, are no big deal, but it’ll be your time and effort spent on explaining this to a police officer.
Should you purchase a damage waiver?
“Damage waivers” are how car rental companies offer to legally protect renters from liability. It’s not so straight forward, though. There’s a lot to know about what damage waivers do and don’t cover.
Passing up on the purchase of a damage waiver means that car-renters are liable for all damages caused to the vehicle, including accidents, reckless driving, or theft due to carelessness. In any of these cases, it becomes the renter’s responsibility to pay for repairs and towing. The renter will also need to pay each day the car is being worked on. In extreme cases, the renter may need to purchase a brand new car for the rental company.
Liabilities will also apply to the renter if an unauthorized driver damages the vehicle. It will be the responsibility of the renter to prove that he or she did not willingly allow an unauthorized driver to operate the vehicle and could not have realistically prevented it from happening.
As long as car-renters follow these guidelines, damage waivers can provide excellent protection. In cases of neglect on the part of the renter, whether because of careless driving, lack of cooperation with police, or drug or alcohol use, damage waivers are null and void, with the financial onus being placed on the renter.
Does your auto insurance policy cover rentals?
Car insurance does not look at rental cars and personally-owned cars in exactly the same way. If you’re an insured driver, your policy will likely help with damages to rental cars, but it’s important to understand exactly what is and isn’t covered by the insurance company.
Your car insurance policy will not cover all damages to your rental car. If, for example, the car is stolen or taken to the shop for damages, the rental company may still charge you for the time that the car has been away from their lot, regardless of the reason. Another insurance exception has to do with location: damages to rental cars in other countries are unlikely to be covered by your policy.
What help will your credit card company offer?
Some, but not all, credit card companies have policies about protecting card-users from damages to rental cars purchased with that card. Even if primary coverage comes from insurance companies, these credit card benefits may act as a good supplement to dealing with damages. Another positive aspect of using these particular credit cards is that their coverage will often apply even out of country.
Contact your credit card company or read the company’s policy to determine if and how you can rely on them for assistance with damages.
Schedule a Free Consultation with Domnitz & Domnitz
If you or a loved one has been injured in a car accident due to the fault of another, you may be able to recover both compensatory and punitive damages from at-fault drivers.
Contact our Milwaukee personal injury attorneys online or call 414-289-0909 today for a free, no-obligation consultation and review of your claim and legal rights.
Domnitz & Domnitz are A+ BBB-rated accident attorneys who have helped thousands of clients recoup over $100 million for their injuries and suffering. We are highly experienced in personal injury law, and we know how to deal with the insurance companies and the courts. When you choose Domnitz & Domnitz, you can count on us to always represent you, not the insurance company.
Contact us today to discuss your case.
Your Search for Competent
Car Accident Lawyers Ends Here
If you live in Milwaukee and have been injured in an accident, it’s time to do the smart thing and hire experienced lawyers Domnitz & Domnitz, S.C. We have the resources to provide quality representation for your car accident claim.
Contact our Milwaukee car accident attorneys online or call 414-289-0909 today for a free consultation and review of your legal rights. We’ve secured millions in settlements and verdicts, so you can count on us to fight hard for you.