November 11, 2014 by Domnitz & Domnitz, S.C.

Wisconsin Bicycle Accident Attorneys Share Bicycling Accident Statistics

Understanding the likelihood of a bike accident in Wisconsin

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Bicycle Accidents on Tuesday, November 11, 2014.

In 2012, pedalcyclists accounted for 2 percent of all traffic injuries and 2 percent of all traffic fatalities in the United States. This translates to 726 pedalcyclist deaths, which was an increase of 6 percent from the previous year. It is estimated that 61 percent of fatalities took place between the hours of noon and 11:59 p.m.

The average age of those killed in such accidents was 43, and males made up 88 percent of those killed. The average age of those injured was 32, and the vast majority of those injured were also males. Overall, younger males between the ages of 10 and 15 were more likely to suffer injuries in such a crash while middle-aged males between the ages of 45 and 54 were most likely to die in a traffic accident.

This was also the age group that saw the highest number of female pedalcyclist traffic deaths. Women between the ages of 25 and 34 made up the majority of pedalcyclists injured. Statistics indicate that roughly 37 percent of all crashes were caused by a driver who was under the influence of alcohol. Of those who were impaired at the time of an accident, 24 percent had a blood alcohol content of .08 percent or higher.

In a bike accident that results in injury or death, the driver who caused the crash may be held liable for the damages suffered by victims and their families. A personal injury attorney may be able to review physical evidence and witness statements to establish that a negligent driver caused the crash. This could lead to the injured party receiving compensation for his or her medical bills as well as for long-term medical costs. It may also be possible to win damages for lost wages.

Source: NHTSA, “Bicyclists and Other Cyclists”, November 10, 2014

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

November 4, 2014 by Domnitz & Domnitz, S.C.

Bike accidents in Wisconsin can mean need for Wisconsin bicycle accident attorneys

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Bicycle Accidents on Tuesday, November 4, 2014.

Many Wisconsin residents may use their bicycle as a form of transportation or just enjoy cycling as an outdoor activity. While bicycles are a great way to get around, bicyclists are always at risk for suffering serious injuries if they are struck by a vehicle.

Certain individuals are more at risk for suffering injuries than others. For example, children between the age of 4 and 15 and adolescents and young adults between the ages of 15 and 24 account for approximately 60 percent of bicycle-related injuries. Additionally, males are more likely to suffer injuries than females. Finally, it should be known that most accidents occur in busy, urban areas and along roadways, not at intersections.

There are a number of ways that bicyclists can reduce the risk of becoming involved in an accident and suffering injuries. The biggest thing that bicyclists have control over is whether or not they wear a helmet. Adults and children who wear properly fitted helmets are less likely to suffer traumatic brain injuries and other associated injuries as they are protected. Additionally, bicyclists who wear fluorescent clothing, retro-reflective clothing and use lighting devices on their bicycles are more likely to be seen by motorists, which reduces the risk of a potential accident. Additionally, if the community provides roadway safety measures such as bike lanes or bike paths, these can be utilized by bicyclists in order to reduce risks of injury.

If someone becomes injured in a bike accident, they may be entitled to compensation for certain damages, such as medical bills, by filing a personal injury lawsuit. However, they must prove that it was the negligent or careless actions of the accused motorist that caused the injuries and not the actions of the injured cyclist.

Source: Centers for Disease Control and Prevention , “Bicycle-Related Injuries”, November 02, 2014

If you have been injured in bike accident, it is in your best interests to contact a Milwaukee personal injury attorney.

August 31, 2014 by Domnitz & Domnitz, S.C.

Good News from Wisconsin Bicycle Accident Attorneys

Involved in a bike accident? Our attorneys may be able to help

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Bicycle Accidents on Sunday, August 31, 2014.

Filing a personal injury in a bike accident case can be a time-sensitive matter, which is why we recommend acting quickly to hold the responsible party accountable in civil court. No matter the nature of your injuries, you deserve financial compensation to pay for medical expenses and get you back on your feet — and hopefully back on your bicycle.

Let’s face it: Many drivers fail to pay attention to bicycle riders, even if they are following the law and using designated bike lanes. A motor vehicle accident involving a bicycle can lead to a variety of serious accidents, including traumatic brain injuries — even for those wearing a helmet. Other physical ailments can include lacerations, fractures, spinal cord damage and road rash. More serious conditions resulting from bicycle accidents include potential amputation or paraplegia and paralysis.

Bicycle riders should know that they may be entitled to compensation if they were struck by a distracted driver, a drunk driver or just a negligent driver. Financial compensation may be available for lost wages, pain and suffering and emotional trauma, along with current and prior medical expenses. If you require long-term medical care because of a bike accident that was caused by someone else’s negligence, you deserve financial remuneration.

Recovering financial damages after a bicycle accident is not as simple as filing paperwork and hoping for the best outcome. Instead, it requires a legal team with experience and knowledge about the applicable law and the methods used to estimate injury cost. Bicycle accident victims deserve a fair settlement or judgment to help them regain their health and move on with their lives. We have more information available about bicycle accidents on our webpage.

Source: Domnitz & Skemp SC, “Bicycle Accidents” Aug. 26, 2014

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

July 21, 2014 by Domnitz & Domnitz, S.C.

News for Milwaukee Bicyclists

Proposal for new trails may lead to more bicycle accidents

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Bicycle Accidents on Monday, July 21, 2014.

Wisconsin has an announced new plans to increase the number of bicycle routes and paths throughout the state. Beginning in November, the Department of Transportation will be teaming up with the Department of Natural Resources and a bicycle advocacy group known as the Wisconsin Bike Fed to roll out a new comprehensive bicycle plan.

The group hopes to design and create a new series of bicycle routes and other cycling core doors between urban areas and the pre-existing bicycle paths. The overall concept is to increase the number of bike friendly routes throughout the state. A spokesperson for Wisconsin bike Fed says that the state already has the third largest number of off-road trails in the nation. He credits Wisconsin’s dairy industry and the states early push towards building infrastructure as providing a good base of paved roadways which can serve as links to bicycle paths.

The work is expected to last a full year and is part of a statewide effort similar to the work already done in the Fox cities. There, the counties of Winnebago, Outagamie, Waupaca and Shawano have all been connected through bicycle routes. A planner with the Oshkosh community development department points to one bicycle corridor in particular, the Wiouwash, as threading through four different counties and benefiting each economically with their well-used and very popular trails.

In addition to the obvious health benefits of riding bicycles, there are also plenty of economic benefits. For example, bike companies such as Trek and Schwinn have manufacturing interests throughout Wisconsin. An increase in bike trails will undoubtedly result in the sale of more bicycles. Not to mention the ancillary tourism business generated by the outdoor activity.

This news for Milwaukee bicyclists is compliments of Domnitz & Domnitz, S.C. Now that summer is in full swing, more and more people are taking to the streets on their bicycles. Unfortunately, that influx of bicycle traffic often means that there will also be an uptick in bicycle accidents involving automobiles. Bicyclists injured by vehicle should take care not to foreclose on their right to fair compensation for their injuries. Sometimes a victim won’t feel any adverse effects in the immediate aftermath of the accident. It’s not uncommon for complications from injuries to develop much later. Agreeing to terms of settlement with an insurance company without the aid of counsel could jeopardize any future attempt to offset subsequent medical costs.

Source: Postcresent.com, “State determined to create Wisconsin biking network” Keith Uhlig, Jul. 13, 2014

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

November 13, 2013 by Domnitz & Domnitz, S.C.

News for Milwaukee Insurance Claim Filers

Denied insurance claims a risk for any homeowner

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Wednesday, November 13, 2013.

Wisconsin residents might have faced a difficult insurance claim at one time or another. When you do, you know that delays in payments can be stressful, and denials can be outright terrible, especially if you need to have the money for a new car, replacement roofing or other serious need. A report from Nov. 8 will remind you that you’re not alone; many homeowners face insurance claims that are denied or covered at only a fraction of what you’ve been expecting.

So, if you’ve been denied or paid out at a lower amount than what you expected, what can you do? According to one report, you should ask why. In many cases, your insurance agent will be able to tell you what literature states your limits or what is or is not covered. Additionally, asking why you didn’t get as much as you were expecting could lead to finding out that your insurance provider actually made a mistake. Sometimes, you might be missing an amount from your claim due to a deductible, limitations or other fine print. However, if you don’t like the answer you receive and want to fight for the money you think you deserve from your policy, you can. You can do a number of things, like complaining to the insurance company or state insurance department, or you can opt to talk to an attorney. If you can prove that an insurance company is acting in bad faith, you may be able to receive additional compensation.

When push comes to shove, you do have a right to insurance payouts that were determined by your policy. If you think you’ve been taken advantage of or aren’t receiving the help you should be through your insurance company, it may be time to speak to a Milwaukee personal injury attorney to discuss any additional options you have.

Source:
Business Insider, “How To Fight Back When Insurers Reject Your Claims” Mandi Woodruff, Nov. 08, 2013

June 27, 2013 by Domnitz & Domnitz, S.C.

Huge Award Shows Milwaukee Injury Sufferers Value of Punitive Damages

Woman sues insurance company, awarded $1.29 million

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Thursday, June 27, 2013.

The idea for car insurance for many Milwaukee drivers is to pay for something they hope to never have to use. However, there is peace of mind in knowing that if there was an accident, there would be insurance in place to pay for the damages. This is, of course, if the insurance claim is not denied.

Recently, a woman was awarded $1.29 million after she sued her insurance company. Her claim was that even though she took out a policy for $1.25 million for if she got into an accident with an uninsured or underinsured motorist, her insurance company denied her claim.

The accident happened in April 2008. A driver, only carrying $10,000 in liability, ran a stop sign and plowed into the side of the woman’s car. This caused her vehicle to flip over.

The woman ended up knocked unconscious in the crash and suffered from back, head and neck injuries, as well as other injuries. Due to her injuries — including two ruptured lumbar discs — her medical bills were more than $300,000.

The insurance company argued that her injuries were not as bad as she claimed, which is why her medical expenses were denied.

In the end, the jurors sided with the woman and she was awarded $1 million in punitive damages and $296,337 in compensatory damages.

In looking at a case such as this one, this is a perfect example of the fact there are times when an insurance company will deny a claim. In these instances, the insurance company is normally hopeful that a person does not know their rights and will just accepted the denial. However, this is where a Milwaukee personal injury attorney can step in order to evaluate the facts of the case in order to dispute the denial and seek compensation.

Source: Sun Sentinel, “Hollywood woman wins $1.29 million in lawsuit against Allstate,” Rafael Olmeda, June 20, 2013

December 19, 2012 by Domnitz & Domnitz, S.C.

Denied Insurance Coverage in Milwaukee? It May Not Be Over.

Man denied insurance coverage pursues bad faith claim

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Wednesday, December 19, 2012.

Without insurance, a person is vulnerable to financial ruin in the face of a serious accident. It is for this reason that individuals across Wisconsin purchase such insurance and pay premiums. This action means that there is a legally binding contract between the insurance company and the insured individual that, in the event of unforeseen circumstances, the insurance company compensates the loss according to the terms of the policy.

In some situations, that compensation could be steep, prodding an insurance company to deny a claim. An out-of-state man that was facing litigation was denied coverage following a lawsuit against him. A judge already ruled in indication that the insurance company was out of line, therefore the man is pursuing a bad faith claim.

Successful bad faith claims can see large awards because courts look to ensure that insurance companies are not tempted to deny claims in an effort to later only pay out a small award resulting from a bad faith claim instead. Further, similar scenarios are breeches of contract that negate the reason an individual pays for insurance coverage.

This can in some instances happen after an individual has been in a serious car accident in Wisconsin, or when a family member has been killed in a serious accident. Insurance companies may engage in illegal activity in an effort to coerce an individual into settling for less than they could be entitled to under their coverage. In these scenarios as well, an insurer could be failing to meet their financial obligations and could consequently be held liable in a court of law.

Source: WTSP 10 News, “Kevin White sues county’s insurance company for bad faith,” Mike Deeson, Dec. 18, 2012 (source removed)

Our firm has experience handling similar situations in Wisconsin. For more information, please refer to our Milwaukee bad faith insurance claims page. Or, for a free consultation, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.