June 13 , 2022 | Motorcycle Accident Lawyer
As the mercury rises, some of the most common kinds of personal injury incidents in Wisconsin increase. These incidents, which are discussed below, seem diverse. In most ways, they are diverse. However, they also have a few things in common. For example, all these incidents usually cause serious or catastrophic injuries. Furthermore, insurance companies often do whatever it takes to reduce or deny compensation to these accident victims.
Oak Creek personal injury attorneys address needs in both areas. A few nights in a hospital could cost over $30,000. To ease the financial pressure these victims feel, attorneys work with doctors who charge nothing upfront for top-notch professional services. Later, when the case goes to court, our Oak Creek personal injury attorneys take on big insurance companies and never stop fighting for accident victims.
As we go into the summer of 2022, gasoline prices are much higher than they have been at any time in recent memory. Nevertheless, over a third of Americans say they plan to travel more this summer than they did last summer. Nearly all these trips include some time in a motor vehicle.
Usually, as the number of vehicle miles traveled increases, the number of collisions increases as well. Typically, car wrecks aren’t accidents. People accidentally leave the gate open and let the dog out. They don’t accidentally drive drunk and cause vehicle collisions. One of the three kinds of negligence usually causes a vehicle collision.
- Behavioral: Many car wrecks happen before the tortfeasor (negligent driver) slides behind the wheel. The duty of care requires drivers to be at their best, mentally, physically, and otherwise, before they drive. Things like alcohol consumption and fatigue clearly violate this duty.
- Environmental: The duty of care also requires motorists to adjust to adverse conditions. For example, once the sun goes down, drivers should slow down and be more careful. The same thing applies during rainstorms. Alas, many drivers ignore this responsibility, and other people usually pay the price.
- Operational: Traffic laws exist for a reason. These regulations remind us to drive defensively and avoid accidents when possible. In other words, motorists who violate a traffic law are also violating their duty of care. Common operational violations include speeding, running a red light, and turning unsafely.
If negligence causes injury, an Oak Creek personal injury attorney can obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are available as well, in a few extreme cases.
Negligent drivers are legally responsible for the wrecks they cause. Third parties are often financially responsible for the aforementioned damages. Respondeat superior employer liability is one of the most common vicarious liability theories. This theory usually applies to Uber drivers, bus drivers, taxi drivers, and other commercial operator’s cases.
On a related note, the number of motorcycle wrecks usually increases during warm weather. During cold weather, not many motorcyclists are out and about. That changes during the late spring, summer, and early fall.
According to the heat hypothesis, assaults increase when the weather gets warmer. The number of incidents usually decreases again when it gets really hot outside. When that happens, most people stay inside and stay cool, both literally and metaphorically.
The same principles discussed above individual and financial responsibility apply to third-party assault claims. Evildoers are legally and morally responsible for these acts. Criminal courts punish these offenders. Property owners are often financially responsible for such acts. These victims may file claims in civil court and obtain compensation for their injuries.
This compensation is available if the landowner had a legal duty and the landowner knew or should have known, about the hazard which caused the injury. In this situation, that hazard is usually negligent security.
In terms of legal duty, Wisconsin law divides victims into three categories, mostly depending on the relationship between the victim and owner. These categories are:
- Invitee (permission to be on the land and benefit the owner)
- Licensee (permission but no benefit)
- Trespasser (no permission and no benefit)
Most premises liability victims are invitees in Wisconsin. The permission could be general, like an “Open” sign, or specific, like a dinner invitation. The benefit, which could be extremely small, could be economic or non-economic.
Somewhat similarly, the evidence of knowledge could be direct or circumstantial. Direct evidence of actual knowledge might be a security survey that shows security holes. Circumstantial evidence might be a broken camera or another maintenance issue that the landowner fails to address.
Negligent security victims must also prove foreseeability (possibility) of injury, Landowners are only legally responsible for foreseeable injuries. Some evidence on this point to consider include:
- Prior similar incidents on that property
- Type of business
- Location of business
- Prior similar incidents in the neighborhood
- Area’s reputation as a “high crime” area
The burden of proof on this point is only a preponderance of the evidence (more likely than not). That’s one of the lowest burdens of proof in Wisconsin law.
Hot weather increases the number of workplace injuries. The impact isn’t just limited to heatstroke and other such injuries. “Heat affects your physiology,” remarked UCLA researcher R. Jinsung Park. “It affects your cognition. It affects your body’s ability to cope,” he added.
Typically, workers’ compensation applies to workplace injuries. Financial benefits, like medical bill payment and lost wage replacement, are available if the injury was work-related. The definition of work-related is very broad in Wisconsin. Usually, any activity that benefits the employer in any way is a work-related activity.
Workers’ comp is no-fault insurance. These benefits are available even if the victim was partially at fault, mostly at fault, or entirely at fault for the injury.
This state-mandated program doesn’t apply to all workplace injuries. Oak Creek personal injury attorneys call such claims nonsubscriber claims.
For example, some employers ignore the law and don’t buy workers’ compensation insurance. Obviously, if the employer doesn’t have a policy, the insurance company won’t pay. Therefore, these victims may file negligence claims in civil court. Since the employer was a scofflaw, Wisconsin law prohibits the employer from using some key negligence defenses, such as the assumption of the risk and comparative fault.
Other nonsubscriber claims include defective product injuries and reckless employer injuries. Usually, companies that make defective products are strictly liable for resulting injuries. Similarly, employers who knowingly send workers into dangerous situations cannot hide behind workers’ compensation laws.
Rely on a Compassionate Milwaukee County Personal Injury Attorney
Accident victims may be entitled to substantial personal injury compensation. For a free consultation with an experienced Wisconsin personal injury lawyer, contact the Martin Law Office, S.C. by calling 414-856-4010. You have a limited amount of time to act.