"Over $100 MILLION in verdicts and settlements for WI families"
414-289-0909

No Fees
Until We Win!

2019-personalinjury

Driver kills cyclist, gets ‘slap on the hand’

by

Wisconsin Bicyclist Death Insults Some

Driver kills cyclist, gets ‘slap on the hand’

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Friday, January 6, 2012.

The death of another bicyclist in Wisconsin has underscored the state’s reputation of imposing minor punishments on drivers responsible for the deaths of vulnerable road users. Police and the Milwaukee County prosecutor will not pursue criminal charges against an 18-year-old driver who crossed the center line of a road and struck a 56-year-old bicyclist last July, leading to his wrongful death. The victim’s family is not happy with the decision.

Both the driver and the bicyclist were traveling south on S. Nicholson Ave., but the cyclist was on the opposite shoulder, heading against traffic. The driver, who was behind the wheel of a Pontiac Sunfire, crossed the center line, into northbound lanes of traffic, and struck the bicyclist from behind. Neither police, nor the driver, know why the driver allowed himself to drift so far over the line. The driver claimed that he blacked out and only remembers the sound of the collision when he struck the bicyclist.

Police confirmed that neither alcohol nor drugs played a role in the crash and the driver was not using a cellphone during the moments before the incident.

Instead of criminal charges, the driver was given citations for minor traffic violations.

This is not unusual in Wisconsin, as prosecutors say it is tough to determine that road deaths in these cases are caused by negligent and illegal action by drivers. District attorneys often do not attempt to pursue criminal charges. The assistant district attorney who looked at this specific case said he saw no signs of criminal negligence. The victim’s family was not satisfied with the punishment. The driver’s fines amounted to about $207.

But advocates have had enough and are calling for stiffer penalties for drivers that strike and kill cyclists, road workers and other pedestrians. Many bicyclists are pushing for a vulnerable user law.

Source: Milwaukee Journal Sentinel, “Citations in death of Oak Creek bicyclist add to push for vulnerable user law,” Tom Held, Dec. 21, 2011

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

by

Warning for Milwaukee Bikers

Opening car doors continue to pose danger to bicyclists

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Wednesday, September 28, 2011.

Bicyclists face a lot of dangers when they are out on the road. Drivers of nearby cars often don’t know how to react to them and don’t understand what bicyclists’ rights are. This can lead to car accidents. But there’s another danger that many don’t ever think of: car doors.

Think about it: sometimes bikers are trying to navigate crowded and busy streets. If a motorist who has just parallel parked isn’t paying attention, he or she could open their door right into the face of an unsuspecting bicyclist.

Bicyclists have limited time and distance to be able to react appropriately to the sudden hazard. If a person is traveling on their bike at a speed of 15 or 20 mph and suddenly hits a car door, the injuries can be more than just minor.

Legislators in Wisconsin know there’s a problem, as evidenced by Act 22, which was passed in 2009. That acts stipulates that motorists are prohibited from opening car doors on a highway without making sure it won’t endanger any other person or vehicle. Children under the age of 16 are also prohibited from opening the doors until the driver has checked things out first. For their part, bicyclists are required to use due care when passing parked vehicles.

Another thing drivers can do is check their side mirrors – particularly the mirror on the side of traffic. Spotting a bicyclist in the distance and holding the door closed a moment longer could prevent some serious injuries.

If both drivers and bicyclists take extra precautions, serious “car door” injuries can be prevented.

Source: Vancouver Sun, “Drivers, check your mirrors before opening doors,” Sandra Glendinning, Sept. 23, 2011

If you have suffered an injury in an accident, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. to see if you are entitled to compensation.

by

Milwaukee Flight for Life Doesn’t Save Man

Wisconsin teacher dies after car strikes his bicycle

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Friday, September 23, 2011.

Even bicyclists who do everything right can find themselves in dangerous situations, particularly in the midst of bad weather. A former coach and teacher at Fond du Lac High School sustained severe injuries after he was struck by a car while riding his bicycle in the town of Taycheedah recently. He died the following day, and the driver who struck him is likely to face charges for the wrongful death.

The 36-year-old man was reportedly riding his bicycle west on County Trunk WH near Tower Road last Sunday evening. It was dark and raining, but he was apparently wearing a helmet, had a light on his bike and was following the rules of the road.

According to the Fond du Lac Reporter, a 22-year-old driver was traveling west and struck the bicyclist, causing him to flip up onto the hood and be thrown into the north ditch. He was taken to St. Agnes Hospital by ambulance. Unfortunately, the weather prevented Flight for Life from responding to the crash.

The man died the following day at Froedtert Hospital in Milwaukee. He had been transferred to that hospital by ambulance.

The young driver, who had a history of violations, including an underage drinking violation and an inattentive driving citation, was not injured in the crash. He was being held in the Fond du Lac County Jail. He will likely face charges for his role in the accident. Police suspect he was drinking prior to the crash.

Source: Fond du Lac Reporter, “Former Fond du Lac teacher, coach dies from bike crash injuries,” Sept. 19, 2011

If you have suffered an injury in an accident, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. to see if you are entitled to compensation.

by

Accident Takes Life of Wisconsin Motorcyclist

On behalf of Milwaukee truck accident attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Motorcycle Accidents on Tuesday, August 23, 2011.

A construction zone has proved to be deadly and accident prone on a Wisconsin road.

A motorcycle accident proved fatal for a 52-year-old motorcyclist from Greenleaf. The man reportedly rear-ended a semi truck that had slowed to avoid a construction barrel on the highway near Scheuring Road.

The incident occurred one morning last week on U.S. 41. According to a police trooper, the motorcyclist was unable to stop for the trailer, lost control of his Harley Davidson bike, and struck the semi. The accident was between Brown County G/Main Avenue and County F/Scheuring Road, according to the Northwestern.

Police did not release the motorcyclist’s identify immediately, awaiting for the deceased man’s family to be informed of the accident. The 33-year-old semi driver from Kimberly was not hurt, and southbound traffic was jammed for miles afterwards as reconstruction crews investigated the scene. The lanes were reopened by mid-afternoon.

Construction has been under way on the exit near where the accident took place through the entire summer as part of the U.S. 41 project. Two other accidents had occurred along Interstate 43 the day before, which closed the road for nearly two hours.

In one of those accidents, a 41-year-old man hit a guardrail on a ramp curve while traveling north on a motorcycle. He was transferred to St. Vincent Hospital and was listed in critical condition.

After that accident, traffic began to back up along the highway, and according to police, a 68-year-old woman driving a van rear-ended an SUV. The driver of the van sustained serious injuries and was taken to Aurora BayCare Medical Center. Officials did not give information about her condition.

The accidents illustrate the need to slow down and drive carefully while in construction zones.

Source: The Northwestern, “Motorcyclist dies in U.S. 41 crash with truck,” Charles Davis and Doug Schneider, Aug. 17, 2011 [NOTE: source no longer exists]

If you have suffered an injury through no fault of your own, contact a truck accident lawyer in Milwaukee such as Domnitz & Domnitz, S.C.

by

Wisconsin Family Looks for Cause of Bike Fatality

Family shocked by safety-loving patriarch’s death

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Thursday, August 4, 2011.

For a Wisconsin man who loved to cycle, safety was a priority, according to his family. So they were shocked when a car accident claimed his life. They’re still trying to understand how it could have happened.

He was apparently riding his bicycle in the opposite direction of traffic in Oak Creek one recent July evening. He reportedly did that on purpose, thinking it was safer on the road on which he was riding because it made him more visible to motorists. Sadly, he was involved in just the kind of collision he had hoped to avoid.

According to the Milwaukee Journal Sentinel, an 18-year-old motorist struck the man from the opposite lane, causing his fatal injuries. But the man’s family has gone to the scene of the accident several times in an attempt to come up with how it could have happened. They’re still apparently coming up empty.

The man’s daughter says safety was his first priority, and there is no chance he could have veered over into the other lane, as the medical examiner suggested. She says there are no skid marks and the point of impact doesn’t make sense for that scenario. That would mean the motorist who struck him would had to have crossed all the way across the opposite lane.

How that could have happened is what they are trying to figure out. The teenage motorist who struck him gave a “very vague” statement of what happened, according to the boyfriend of a family member. Since the investigation is ongoing, police have apparently declined to release the accident report or statements from witnesses.

A reconstruction of the accident is planned by the State Patrol, and perhaps that will lead to some answers.

Source: Milwaukee Journal Sentinel, “Family seeks answers in Oak Creek bike fatality,” Tom Held, July 28, 2011

If you have suffered an injury through no fault of your own, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

by

Update on Wisconsin Teen Motorcycle Accident

Two lawsuits filed for 2010 crash that killed motorcyclist

On behalf of Milwaukee personal injury attorney Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Thursday, June 23, 2011.

A motorcycle/car collision last year left one young man dead and a driver injured. Now, representatives for both have filed lawsuits relating to the crash. The disputes include the motorists’ insurance companies.

The 17-year-old motorcyclist reportedly collided with a car driven by an 18-year-old man on U.S. Highway 45 near Jacob Avenue in Oshkosh in June 2010. The motorcyclist died several days later after apparently amassing significant medical expenses.

After the car and motorcycle collided, the car apparently was sent into a tree, causing injuries to the driver, including a broken jaw, facial lacerations and broken teeth.

The families of both men have filed lawsuits. The motorcyclist’s father has sued the driver of the car and his insurance company, Auto-Owners Insurance Company. In the wrongful death lawsuit, he is reportedly seeking medical and funeral expenses, plus the loss of companionship of his son. According to the the Northwestern, the motorcyclist’s medical expenses totaled over $146,000.

The driver of the car filed his own lawsuit against the motorcyclist’s insurer, American Family Mutual Insurance Company. His personal injury lawsuit asks for damages relating to expenses and pain and suffering, according to reports.

Court dates for the lawsuits have not been set yet.

There were no criminal charges or any citations filed after the accident. The Northwestern indicates both motorists were going over the speed limit of 45 m.p.h. The State Patrol reportedly reconstructed the accident before deciding not to file any charges. Authorities reported that alcohol was not a factor in the accident.

Source: The Northwestern, “No criminal charges in June 2010 motorcycle crash killing Oshkosh teen, but two civil lawsuits filed,” Jennifer K. Woldt, 22 June 2011

If you or your family needs legal representation following an accident, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

by

Milwaukee Auto Defect Attorneys Blog

Price, safety record important considerations for teen cars

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Tuesday, June 14, 2011.

Purchasing a vehicle is never easy. Deciding what to get can be the hardest part. Money is always a consideration when it comes to buying a car for your teen driver. But with the risk of young, inexperienced drivers being killed in car accidents, the safety record of a vehicle should be a top consideration when purchasing a car for a teenager.

According to an Associated Press article, cars that are safe to drive probably won’t stop teens from talking on their cell phones or violating speed laws, but it may help them survive a crash should one occur. A large car may seem safer because of its sheer size, but it can be hard to handle for the inexperienced teen that may lose control of it while driving.

A senior director at Consumer Reports advises parents to choose cars with small, four-cylinder engines. Other features to look for include front-wheel drive, electronic stability controls and anti-lock braking systems. All-wheel drive cars may make teens feel overly secure, prompting them to drive faster than is safe for road and weather conditions.

Given price and safety as primary concerns, the Consumer Reports senior director also recommends parents consider choosing among several new midsize cars including the Volkswagen Jetta, the Kia Optima and the Hyundai Sonata. All three car models are priced under $20,000 and all three are on the 2011 Insurance Institute list of safe cars.

It may put your mind at ease knowing your child is driving a safe, highly-rated car. As a plus, buying a newer model car with many safety features and a good safety record may cause insurance premiums to be lower as well.

Source: Boston.com, “Safety, price key ingredients in choosing a car for teen drivers,” Dee-Ann Durbin, 4 June 2011

If you need legal representation for an injury lawsuit, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

by

Milwaukee I-94 Attorneys Share Sad News

Fatal car accident on I-94 in Racine County; Disabled car hit

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Friday, April 22, 2011.

A tragic SUV-car accident took the life of a Minnesota woman and injured five other people this morning on southbound I-94 in Racine County. The fatal accident occurred at about 2:30 a.m. this morning.

According to the Racine County Sheriff’s Department, a Chevy Impala had become disabled in the center lane of the Interstate. The driver called for help, but before the police could arrive to help, an SUV with Minnesota plates crashed head-on into the back of the Chevy.

The female driver of the SUV was ejected from her vehicle by the force of the car accident, and the SUV was crushed up against the median wall. The driver was pronounced dead on the scene. The other car was forced across the roadway and landed in a roadside ditch.

Three of the injured were passengers in the SUV. The other two were in the Chevy Impala. All five were taken to the hospital with serious injuries.

A flat-bed truck was needed to carry away the crushed SUV. A tow truck pulled the Chevy out of the ditch.

The fatal car wreck forced the closure of I-94 southbound for hours this morning as accident reconstruction teams attempted to determine the cause of the crash and crews worked to clear the wreckage. The State Patrol has now reopened the freeway.

It is unclear as of yet why the driver of the SUV failed to see the disabled vehicle, although it had not been pulled to the side of the road. Police have not ruled out any potential cause yet, including drunk driving, distracted driving or driver fatigue.

Please drive safely.

Source: TMJ4-TV 4 Milwaukee, “Woman Dead In Crash That Shut Down I-94 in Racine County,” Tom Murray and Jay Sorgi, April 22, 2011

For a consultation, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

by

Wisconsin Bus Accident Attorneys Blog Update

Two injured in car accident involving school bus in Milwaukee

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Tuesday, February 15, 2011.

According to local Milwaukee news reports, two individuals were injured late Tuesday afternoon after a car and school bus collided on Milwaukee’s north side. Reports detail that the car accident occurred when a car ran a red light at Sherman Boulevard and Hope Avenue. As a result of the car accident, two individuals were injured when the car struck a power light, causing the electric wiring to fall. Many neighbors in the area reported that they rushed outside their homes after hearing a loud noise caused by the car accident.

One witness expressed, “It sounded like lightning…there were some skidding sounds and the next thing I heard was a pole or something getting hit.” Reports detailed that the bus involved in the car accident did in fact contain some students but none were injured in the collision. Following the car accident, another bus came to the scene to transport the student to their final destination.

Officials from the Milwaukee Fire Department told the media that the two individuals injured in the car accident were rescued from their vehicle and will recover from their injuries. No charges have been filed in this car accident case to date.

Source: WISN “Two Hurt In School Bus, Car Collision” 2/9/2011

If you have been involved in a bus accident, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

by

Opinion from Wisconsin Tort Reform Attorney

Tort reform and damage caps: No one wins

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Thursday, February 10, 2011.

Recently, Ric Domnitz published a number of pieces regarding tort reform based on his extensive 35 year career in the field of law. One of the topics he discussed was his continued confusion regarding the current efforts of newly elected legislative representative in Madison, Wis. He asks, “Why does the party that insists on upholding the citizenry’s Second Amendment rights want to lay waste to the citizenry’s Seventh Amendment rights to trial by jury?” He expresses that “every time a legislature decides to place a cap on a citizen’s right to recover whatever damages a jury deems appropriate they impose upon a citizen’s right to trial by jury.” Imagine if you were severely injured in an car accident and you couldn’t recover damages because of a these types of legislative changes.

Additionally, Mr. Domnitz expresses his discontent with the legislature’s support to repeal a set of laws known collectively as Truth in Auto. “These are laws which served to make sure that those who caused great harm to others in an unintentional automobile accident were covered by ample insurance to provide for the victim and to protect the personal assets of the person causing the accident. Years ago a minimum level of insurance of $25,000 or $50,000 may have made sense, but in this day and age there can be no rational argument that, given the rise in the cost of medical care, lowering the required level of insurance exposes both the victim and the negligent party to great economic harm, all to serve the economic interests of the insurers. And the legislators who are passing these bills in breakneck fashion are supposed to represent those in our society who favor personal responsibility. Who pays for the damages of a badly injured person when there is too little insurance coverage? We all do, in the form of entitlement programs which step in to fill the void. That serves to build up the role of government and increase the burden on the citizens of this state; hardly in line with traditional conservative politics.”

Opinion from Wisconsin Tort Reform Attorney

Mr. Domnitz concludes his thoughts with a simple question, “If it ain’t broken, don’t fix it.” He questions where the data that serves as a catalyst for changing these laws comes from. Why create new laws to continually make it harder for citizens to recover damages for their injuries, pain and suffering?

Source: WISN.com, “Tort Confusion,” Ric Domnitz, February 4, 2011

Need a legal consultation from a Milwaukee personal injury attorney? Contact Domnitz & Domnitz, S.C. today.

Recent News

Privacy Policy | Terms of Service | Disclaimer

Contact Us

825 N. Jefferson Street, 5th floor
Milwaukee, WI 53202

Phone: 414-289-0909
Fax: 414-289-9490

SEND US A MESSAGE