Category Archives: Personal Injury Law

The Most Dangerous Intersections in Milwaukee County

With thousands of businesses and nearly a million people, Milwaukee County is a place of hustle and bustle. Every year there are thousands of car crashes. In the past, we’ve talked about the recent car accident trends in Milwaukee County. Now, we will identify the 10 most dangerous intersections. The following 10 intersections were found to be the most dangerous based on data from the Wisconsin Department of Transportation (WDOT) from 2010-2015.

1. Capitol Dr W – 35th St N

  • Number of Accidents: 136
  • Accidents that Resulted in Injuries: 104

The intersection of Capitol Drive W and 35th Street North is considered to be one of the most complex intersections in Milwaukee county due to both ways of traffic having mutliple lanes, a merging lane from 35th to Capitol, and the complex merging lanes from Roosevelt Drive onto Capitol.
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2. Port Washington Rd N – Silver Spring Dr W

  • Number of Accidents: 136
  • Accidents that Resulted in Injuries: 74

The intersection of Port Washington Road North and Silver Spring Drive West is extremely dangerous due to the fact that it is the intersection outside of the Bayshore Town Square Mall. This is one of the biggest malls in Milwaukee County and is also closely located to the on and off-ramps of I-43. Be especially careful in this are during the holidays and back-to-school when the mall is the most popular.
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3. N Mafair Rd – W North Ave

  • Number of Accidents: 128
  • Accidents that Resulted in Injuries: 65

The intersection of North Mayfair Road and West North Avenue is extremely dangerous due to the fact that is the main intersection for traffic going to and coming from the Mayfair Mall. Once again, traffic here is much heavier during back-to-school and the holidays, so be sure to exercise extra caution during these times.
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4. 27th Street N – Center Street W

  • Number of Accidents: 122
  • Accidents that Resulted in Injuries: 102

The intersection of 27th Street North and Center Street West is actually quite dangerous due to fact that West Fond Du Lac Avenue runs at a diagonal line through BOTH intersections. This creates quite a bit of confusion in high traffic situations and the presence of accidents only makes it worse.
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5. Fond Du Lac Ave W – Capitol Dr W

  • Number of Accidents: 113
  • Accidents that Resulted in Injuries: 75

The intersection of Fond Du Lac Avenue West and Capitol Drive West is one of the best dangerous intersections in Milwaukee County due to the fact that both of these streets are two of the largest and busest streets in the county, so when they intersect, problems often occur.
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6. 108th St S – Lincoln Ave W

  • Number of Accidents: 105
  • Accidents that Resulted in Injuries: 72

The intersection of 108th Street South and Lincoln Avenue West presents plenty of dangers with multiple lanes, double merging lanes, and three bus stops being located neear traffic lights. This combined with high traffic volumes throughout the day make this an extemely dangerous intersection.
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7. 35th St N – Center St W

  • Number of Accidents: 101
  • Accidents that Resulted in Injuries: 96

On paper, the intersection of 35th Street North and Center Street West looks quite tame, but fading lane lines, bus stops, and bike lanes make this intersection very dangerous at times of high traffic.
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8. Lincoln Ave W – 76th St S

  • Number of Accidents: 100
  • Accidents that Resulted in Injuries: 54

Much like the previous intersection, the intersection of Lincoln Avenue West and 76th Street South seems pretty tame at first, but bus stops, multiple gas stations, and poor line-of-sight make this intersection dangerous for unwary drivers.
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9. 108th St S – National Ave W

  • Number of Accidents: 99
  • Accidents that Resulted in Injuries: 53

With over sixteen lanes intersecting, the intersection of 108th Street and National Avenue West has plenty of chances for accidents to occur. This combined with a plethora of nearby food and shopping opportunites makes this intersection very dangerous at all times of the day.
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10. S Howell Ave – Drexel Ave

  • Number of Accidents: 97
  • Accidents that Resulted in Injuries: 27

The intersection of Howell Avenue and Drexel Avenue is much like the previous intersection in that fact that is made up of many lanes and is surrounded by multiple shopping centers. This intersection also includes some interesting merging lanes that create very dangerous circumstances for drivers who are not paying attention.
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Uber Nation – Passenger’s Perspective

We’ve talked about a car crash from the perspective of the Uber driver.  What about a passenger?

Uber Passenger Injury Claims

First, I can tell you from experience with our recent clients that Uber will question whether you were in an Uber car or an Uber look a like.  In one recent instance it took weeks for confirmation from Uber that the driver was, in fact, an Uber driver.  Our client did not book the fair with Uber, his friend did.  We had to work with multiple parties, not involved, to get proof to Uber that the driver was an Uber driver and insured.

In some instances the police will obtain the wrong insurance for the Uber driver.  Like we said previously, a personal auto line of insurance will most likely have an exclusion for “drivers for hire.”  This does not mean you don’t ask.  Certainly check to see where compensation can be obtained.  Especially in claims where medical bills can exceed any limit of insurance.

If you are injured always call the police and make sure you inform them that you were involved in a crash and give identifiable information for the cars involved.  If you called 911 please tell your attorney immediately of the call.  These 911 calls can be obtained with a FOIA request and many times have lots of useful information.

If you don’t tell the police and wait to make a claim for injuries be aware that Uber’s insurance will question most everything you do.  Witnesses are necessary – so write down who saw you get into the vehicle and leave the vehicle, where you were picked up and where you were ultimately taken.

All in all, we have heard fewer claims for passengers than for drivers of Uber vehicles. Let’s hope this continues to be the case.  Drive Safe!

Uber Nation – Information for Uber Drivers

What happens when an Uber driver is involved in a car crash?uber-driver-1100x550

Talk about getting complicated mighty fast!  If you are an Uber driver the question you have to ask is whether your insurance will cover your property damage and the damage or injury to any of your passengers. If you think you have your own private insurance and that will cover these losses, think again. Most insurance companies have a very specific exclusion for “drivers for hire.” If that is the case you will have to go through Uber’s insurance which, many times, has a $1,000.00 deductible.

There are many sides to a car crash.  For now we are just discussing the Uber driver’s perspective.

Our firm has worked with many Uber drivers who were victims of car crashes.  Uber’s corporate insurance is not local to Wisconsin.  Many times the adjusters are on West Coast time and have to hire independent contractors to deal with property damage adjusting.  James Rivers’ insurance adjusters are certain to inquire about whether this truly was a “Uber ride” or “personal ride.”  At the same time the driver’s personal insurance is taking the opposite stance.

Another thing to consider as an Uber driver is wage loss and the loss of earning capacity. If you have an established track record as an Uber driver, accounting for this wage loss is manageable but still somewhat difficult to prove given the independent contract nature of Uber.

Many times wage loss can be complex from the start given Uber’s “surge pricing.” For example, if the Milwaukee Bucks have a game against the Cavaliers or Lakers we all know that Uber will pay its drivers more for these busy days.  The same goes for the Milwaukee Brewers.  Missing the home opener as an Uber driver can mean hundreds, if not thousands, of dollars lost.

I have placed some links into this post that will hopefully help you to understand and work through the maze that can be created when an Uber driver is involved in a collision.  No matter what be sure to consult with an experienced attorney who gives free initial consultations.  Better safe than sorry.

Wisconsin’s New Dog Bite Law and Double Damages

Wisconsin has long held that if a dog has a history of “dangerous” behavior the owner will be liable for any damages AND get penalized for not taking extra precaution.  Knowing a dog is dangerous and letting it off leash or able to roam free and cause ANOTHER injury is worthy of double damages.

In the past “dangerous” dogs were those that caused injury to property or person. The NEW law is much more detailed and requires specific proof of permanent injury.  The new law as of November 2015 is as follows:

On Wednesday, November 11, the Governor signed legislation altering the double damages provision of Wisconsin’s ‘dog bite’ statute, Wis. Stat. § 174.02. Specifically, the legislature altered Wis. Stat. § 174.02 (1)(b) to make it far more difficult to win double damages. Double Damages will now be available only in situations where a dog has bitten a person “with sufficient force to break the skin and cause permanent physical scarring or disfigurement” and where the owner knew that the dog had previously “bitten a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement.”

If a dog in Wisconsin causes injury to someone you love please call our law firm so we can help.   Much more investigation will need to be conducted right away given this new law.   Call us for assistance at 414-375-2030

Impact of Social Media on Personal Injury Cases

Social media has become extremely prevalent in our society over the past few years. There are currently close to 1.7 billion people who have active social media accounts. Indeed, the ability to simply log in and post on social media using a personal mobile device has drastically increased the volume of users worldwide. The legal world has also began to feel the effects of the widespread popularity of social media, especially the personal injury niche of the legal world.

While some social media users utilize social media to keep in touch with old friends or share exciting news, others use social media to literally document their daily lives. What most people do not realize, however, is that what they post on a social networking site may be discoverable in a future lawsuit. Therefore, it is important to be cautious with what you are posting on social media, especially as it relates to any personal injury matters, especially automobile accidents, you may have been involved in.

What Social Media Posts Can Insurance Companies See?

More often than not, defense attorneys are attempting to access clients’ social media activity through discovery requests. These requests typically demand access to any and all social media posts, photographs and sometimes even usernames and passwords for a period of time prior to the accident through the present. Indeed, these requests are extremely broad and likely objectionable. However, the general rule is that anything deemed “relevant” to the accident is admissible. So while the defense will not be granted unfettered access to your social media accounts, they will be allowed to access anything you post that is in any way related to the accident. This may even include posts that make no mention of the accident, but instead relate to your physical activity either before or after the accident.

For example, if you claim you are so severely injured that you have trouble sitting or standing for any significant period of time yet you post photos or videos of yourself waterskiing on Lake Michigan, the defense will eat that right up. As long as posts are even tangentially related to your personal injury claim, they are discoverable.

We often advise clients to assume that anything they post on social media will be seen by the at-fault party’s insurance company. The purpose behind that statement is to discourage them from posting anything related to the accident that may harm their case.

Be Cautious When It Comes to Social Media

With the relatively broad scope of discovery as it relates to social media content, it is crucial to proceed with caution following involvement in an automobile accident. The simplest and most straightforward advice is this: Do not post anything related to the accident or your injuries on social media. If you do, you must understand that it will likely be discoverable and work to your detriment by decreasing the value of your case.

If you have been involved in an automobile accident and have questions about the appropriate steps to take going forward, contact the Groth Law Firm. We have an experienced and driven team dedicated to helping injured people and protecting their rights. Call today for a free consultation.