Distracted Driving Continues to Rise

May 10, 2016 by Domnitz & Domnitz, S.C.

Distracted Driving Continues to Rise

The number of injuries caused by distracted driving continues to rise, especially among teenagers. Perhaps the rise can be attributed to our society’s newfound obsession with screens or the frenetic pace our lives compared to 50 years ago. Regardless of the reason for the rise in injuries, it is important to remember one thing: distracted driving is 100% preventable.

According to Distraction.gov, the official US government website for distracted driving, any action that takes the driver’s attention off the road is considered distracted driving. These actions include:

Texting
Using a cell phone or smartphone
Eating and drinking
Talking to passengers
Grooming
Reading, including maps
Using a navigation system
Watching a video
Adjusting a radio, CD player, or MP3 player

Together, these seemingly innocuous tasks contribute to some troubling and deadly statistics:

In 2014, 3,179 people were killed and 431,000 injured in motor vehicle crashes involving distracted drivers.
There are 660,000 vehicles being driven by someone using a hand-held phone at any given time on U.S. roads.
In 2013, 10 percent of all drivers aged 15 to 19 involved in fatal crashes were reported distracted at the time of the crash.

Luckily, Wisconsin does have some legislation in place to curb distracted driving. Wisconsin law currently bans texting for all drivers and all cell phone use for new drivers. However, anyone may mount a case if they are injured by a driver who was distracted for any reason, not just texting or talking on the phone.

If you or a loved one was injured due to the negligence of a distracted driver, you may be able to mount a successful case. Call Domnitz & Skemp S.C. for a free, no-obligation consultation.

Seeking Damages After a Car Wreck

April 26, 2016 by Domnitz & Domnitz, S.C.

Seeking Damages After a Car Wreck

Seeking damages after a wreck is often one of the lowest priorities on a victim’s list. In fact, for many crash victims, dealing with day-to-day hardships like coping with injuries or getting medical care or transportation to work are often higher priorities than seeking damages. Unfortunately, launching a lawsuit is often the only way that someone injured in a crash can adequately recoup what is lost and should be prioritized as such.

Why Victims Seek Damages

There is often a misconception that someone injured in a car crash will seek damages to punish the at-fault driver. Although this may be the case on a personal level, the courts will rarely award compensation to a victim just to punish a driver. In fact, unless the court has reason to believe that punitive damages should be awarded, the most common types of compensation awarded for car crashes are compensatory in nature and include those for:

Medical expenses, such as emergency medical care, ongoing medical treatment, therapy, and medication.
Property damages, such as damage to the vehicle involved in a crash.
Pain and suffering, which can be for both short-term and long-term pain and discomfort resulting from a wreck.
Out-of-pocket expenses, such as car rental fees, child care expenses and costs related to housekeeping help.
Lost wages, such as wages lost following the crash and for lost earning potential due to permanent injuries.
Loss of consortium when the nature of victim’s injuries damage the person’s ability to maintain a relationship.

Depending on the nature and severity of the person’s injuries, all of these may be valid and legitimate reasons that someone injured in a car crash should seek damages after a car crash.

Are Punitive Damages Justified?

For cases where the behavior of the at-fault party is so extreme that it could be construed as intentional, punitive damages may also be awarded. Although punitive damages are not commonly awarded, and they are typically reserved for cases where the courts feel a “message” must be sent, they do happen. And when they do, the settlements can be considerable.

For instance, the courts ordered Hyundai to pay $73 million in punitive damages in a 2014 case against the car company. And this was on appeal—the original award was for $240 million in punitive damages. In another high-payout case, the courts ordered $500 million in punitive damages for medical malpractice.

If you have been involved in a car wreck through the fault of another driver, call the Milwaukee personal injury lawyers at Domnitz & Domnitz, S.C. for a free consultation. We have a long history of helping our clients recouping their losses. Click here to see a list of our most significant verdicts and settlements.

Impaired driving statistics: facts you should know

November 13, 2014 by Domnitz & Domnitz, S.C.

Milwaukee Drunk Driving Statistics

Impaired driving statistics and facts you should know

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Drunk Driving Accidents on Thursday, November 13, 2014.

Impaired driving continues to be a significant problem across the U.S. Every day, approximately 30 people die nationwide in alcohol-related car accidents. About 30 percent of all traffic accidents in the U.S. involve alcohol. Wisconsin has the highest drunk driving rates of any state, and about 36 percent of all accidents are alcohol-related. More than 10,000 deaths occurred nationwide in 2012; 223 of those were Wisconsin residents. An additional 3,000 people were injured in Wisconsin due to impaired driving.

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. Motorcyclists are the next-highest group of at-risk drivers. Almost a third of motorcycle fatalities involved alcohol, and in Wisconsin, 33 percent of motorcycle fatalities were drivers who had a blood alcohol level of more than .08 percent. About seven percent of fatalities were of drivers with a prior conviction of DUI.

Many states are taking steps to reduce the frequency of drunk driving. Successful efforts include sobriety checkpoints, license restriction, assessment and treatment for substance abusers and an enforcement of the zero-tolerance rule for underage drunk drivers. Some states are also considering reducing the legal limit to .05 percent and requiring mandatory drug testing in accidents where there are injuries.

If a person is injured in a drunk driving accident , they may wish to pursue a personal injury claim. Personal injury claims are intended to assist the victim in recovering monetary damages and compensation for pain and suffering. An attorney can potentially help determine the most optimal course of action and provide support and guidance in a difficult situation.

Source: Wisconsin Department of Transportation, ‘Drunken Driving”, April 29, 2014

Source: Centers for Disease Control and Prevention, “Impaired Driving: Get the Facts”, November 11, 2014

Do you need legal advice from a Milwaukee personal injury attorney? Contact Domnitz & Domnitz, S.C. today for a free consultation.

Milwaukee personal injury attorneys follow case as man faces DUI charge

November 1, 2014 by Domnitz & Domnitz, S.C.

Milwaukee personal injury attorneys follow case as man faces DUI charge for fatal accident

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Drunk Driving Accidents on Saturday, November 1, 2014.

A 22-year-old Wisconsin Rapids man was charged on Oct. 23 with homicide by intoxicated use of a motor vehicle for his alleged actions in an May 17 collision. According to police, the man pulled his vehicle out in front of an oncoming motorcycle, causing the motorcyclist to strike the side of his car.

The 29-year-old motorcyclist was killed in the collision and pronounced dead at the scene. The defendant allegedly had a BAC level of .044 percent and also tested positive for morphine and marijuana in his system. Although his BAC level was less than the state’s legal limit of .08 percent, the report alleges the combination of the alcohol, morphine and marijuana combined to make his driving impaired.

The defendant reportedly told law enforcement officers that he failed to see the motorcyclist until he had already pulled out and started his left turn. The man faces up to 25 years in prison if convicted. He is currently being held in custody in the Wood County Jail and is scheduled to make his first appearance to answer the charges on Nov. 10.

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 chargeable. In addition to criminal penalties, people who have negligently caused the death of another person in a drunk driving accident may face civil liability. The loved ones of those killed may be able to recover both compensatory and punitive damages from at-fault drivers. Recoverable damages could include medical and funeral expenses, loss of companionship, pain and suffering, lost income, lost inheritance rights and property losses.

If you or someone you love has been injured in an accident, it may be in your best interests to contact a Milwaukee personal injury attorney.

Source: wisconsinrapidstribune.com, “Wisconsin Rapids man charged in fatal crash”, Karen Madden, October 23, 2014

Milwaukee man pleads guilty in fatal drunk driving crash

July 17, 2014 by Domnitz & Domnitz, S.C.

Man Pleads Guilty in Fatal Milwaukee Drunk Driving Crash

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Drunk Driving Accidents on Thursday, July 17, 2014.

A Milwaukee man whose longtime girlfriend had a restraining order against him since 2012 somehow ended up in a bar with her last December and later left her behind in a car after he crashed it into another vehicle later the same night.

According to a Dec. 16, 2013 article in the “Milwaukee Wisconsin Journal-Sentinel” about a week after the crash, the 33-year-old woman was killed. It was also reported that, according to law enforcement, the man had never been issued a Wisconsin driver’s license.

The judge in the case said that he viewed the accident as yet another example of the domestic violence that had plagued the couple’s relationship. He called the defendant a “menace to society.” Four people in the vehicle he hit suffered serious injuries, and another passenger in his own vehicle suffered a broken leg.

The defendant pleaded guilty to a number of charges, including hit-and-run involving death, hit-and-run involving great bodily injury and homicide by negligent operation of a motor vehicle. He has now been sentenced to consecutive jail terms totaling 18 years for the accident. He was also sentenced for charges involving battery and child abuse of the woman and her 14-year-old daughter. The Milwaukee man pleads guilty to those charges as well, which were related to an incident two months before the fatal accident. He could spend 25 years behind bars.

In response to the Milwaukee judge’s chastisement that he had left the woman “to die in the street” as he ran from the accident scene, the defendant said that he was under the influence of ecstasy, cocaine and alcohol, and didn’t realize she was injured. He claimed that his impairment is also why he didn’t realize that police were chasing him.

When someone is injured or killed in a fatal Milwaukee drunk driving crash, family members may feel that whatever sentence the at-fault driver receives in prison is not sufficient. Further, while criminal penalties are important, they do nothing to help surviving victims and family members with the financial burdens they’re likely to bear. Luckily, drunk drivers can also face civil lawsuits from those seeking to ease those burdens.

Source: Source: Milwaukee Wisconsin Journal-Sentinel, “Milwaukee man sentenced to 25 years for fatal hit-and-run crash,” Bruce Vielmetti, July 7, 2014Sec. Source: http://www.jsonline.com/news/crime/more-charges-for-milwaukee-man-accused-in-fatal-hit-run-case-b99164992z1-236083081.html

Do you need legal advice from a Milwaukee personal injury attorney following a drunk driving accident? Contact Domnitz & Domnitz, S.C. today for a free consultation.

Wisconsin man sentenced in fatal drunk driving accident

March 14, 2014 by Domnitz & Domnitz, S.C.

Wisconsin Man Sentenced in Fatal Drunk Driving Accident

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Drunk Driving Accidents on Friday, March 14, 2014.

Driving during the winter months can often be difficult because of ice and slick spots on the roadways. Accidents during these months aren’t uncommon. Sadly, some of these accidents are fatal tragedies. For one Wisconsin man, an ice fishing trip with his buddy ended in his death. That fatal car accident has landed his friend a three year prison sentence.

The two men went ice fishing together on Jan. 7, 2012, when the accident occurred. The vehicle they were in broke through the ice on the Big Eau Pleine Reservoir. One man was pulled to safety by bystanders, but the other man died because bystanders were unable to reach him. The victim’s body was recovered the next day.

The details of the drunk driving accident aren’t all clear. The surviving man says that he was initially driving the vehicle, but that he and the victim switched places moments before the accident. Investigators say that there is a “strong possibility” that the survivor was driving at the time of the accident. They were, however, unable to prove that he was driving.

One thing that isn’t disputed is that the survivor was drunk at the time of the accident. He told officers that he had drank a 12-pack of beer prior to the crash. After he was rescued, his blood-alcohol level was 0.152.

In connection with the accident, the man received a three-year prison sentence and three years of supervision after he is released from prison for a conviction of felony fourth-offense drunken driving. Homicide charges against the man were dropped in January of this year.

The judge in this case remarked that it is a case in which nobody would be satisfied. He said the victim’s family will be devastated from his loss six years from now. The man’s family might have the right to seek compensation for his death. This wouldn’t alleviate the devastation they feel, but it might help to alleviate financial difficulties the family is facing.

Source: WisconsinRapidsTribune.com, “Update: Stratford man gets three years in ice-fishing death” Shereen Siewert, Mar. 07, 2014 (source removed)

If you need legal representation following an accident through no fault of your own, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

Wisconsin School Bus Driver Charged With Drugged Driving

April 2, 2012 by Domnitz & Domnitz, S.C.

Wisconsin School Bus Driver Charged With OWI

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Drunk Driving Accidents on Monday, April 2, 2012.

Dozens of Wisconsin parents are expressing their outrage after a West Bend school bus driver was arrested for allegedly transporting students while under the influence of prescription narcotics.

The driver admitted to taking the painkiller hydrocodone before beginning his route, even though he does not have a prescription for it.

Police became aware of the problem after two high school students used their cellphones to inform their parents that the bus driver was exhibiting erratic behavior. The parents then called the police, who located the bus just before it arrived at East High School.

According to students, the driver was swerving and speeding during their morning route. He was apparently also dozing off during the ride, and missed at least one stop. The riders say the scariest part was when the driver tried to turn into the school – they say he missed his turn, hopped the curb and narrowly avoided crashing into a tree.

Thankfully, no students were injured. However, the incident calls into question some of the most basic assumptions parents make about their children’s safety.

When parents send their children off to school, they expect that they will be in good hands. Many are wondering how the school and the bus company could have let an incident like this happen.

The school district sent a letter home to parents, notifying them that the driver won’t be transporting students in the future.

Still, a number of parents say the driver should have been terminated long ago. He had already been the subject of complaints and had been convicted twice of DUI in the past.

In situations like this, it is not only the driver that can be held responsible. If a child is injured in a school bus-related accident, the bus company and school district may share in the liability. They both have a responsibility to make sure that children are not placed in a dangerous situation.

Source: WISN, “School Bus Driver Charged With OWI,” March 28, 2012. (source has been removed at WISN)

If you need legal representation following an accident with a drugged driver, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. for a free consultation.