Tag Archives: motorcycle accident

Statistically Safer

According to the National Highway Traffic Safety Administration traffic fatalities in 2008 are down 10 percent.  This is compared to the same period in 2007.  So, Americans were less likely to be killed on the road in 2008 as compared to 2007.

The NHTSA discussed the number of people killed in vehicle accidents:

August is the month with the highest fatalities (3,612), while March has the lowest fatalities (2,804) during the ten months. When compared to the corresponding months in 2007, the estimates each month reflect a downward trend. While fatalities fell by 2.5 percent in February and 1 percent in August, there were much more significant declines March through July, Septem-ber, and October.
 

 

I can’t comment on the relationship of the statistics, but the NHTSA also discusses how helmet use and seat belt use were up in 2008 as compared to 2007.

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West AllisSheboygan,  Plymouth,  and  Germantown.

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A Drunk Driver Ruins the Celebration

Once again a drunk driver ruins a party.  The Milwaukee Journal Sentinel reports that a drunk driver killed a Harley rider during last week’s 105th Harley Davidsons Birthday Celebration.  The drunk driver was about 3 times over the legal limit at the time of the collision.

The collision occurred at about 2:15pm on August 29th. She must have started drinking pretty early in the day to get that drunk before 2:15pm.  When is it ever worth drinking that much that early?  And why would you ever think of driving?

The victim is a 55 year old Michigander.

Once again the call goes out to the legislature to tighten the drunk driving laws in Wisconsin.  Hopefully, the DA assigned to this case will enforce the laws currently on the books.

www.jonpgroth.com

Harley Davidson’s 105th = Lots More Bikes

You’ve seen the bumper stickers reminding us that “bikes have equal rights” and to “watch out for bikers.”

In Milwaukee this weekend these stickers take on a whole new meaning.  This weekend is Harley Davidson’s 105th Anniversary Celebration.  There will be a lot more motorcycles on the roads in and around Milwaukee. 

Sadly, I read about the first fatality of the HD Celebration.  In Sheboygan a car struck a Harley rider.  The car driver was treated at the ER and released.  The bike rider was killed. 

I’ve represented a great number of motorcycle owners over the years.  Many of the collisions and serious injuries could have been avoided if the at fault driver would have just taken the bumper sticker’s advice: Bikers have equal rights.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Oconto, Sheboygan, Janesville and Wauwatosa.

No Car, Not Good.

I’ve battled with insurance companies recently over the loss of the use of my client’s vehicle.  When someone is involved in a car accident and their car is out of commission it is a big inconvenience.  The law in Wisconsin says that this “loss of use” must be compensated.  It does NOT matter whether or not a rental vehicle was obtained.

So, let’s say Bob is involved in a motorcycle accident.  His bike is a total loss.  It’s sitting in his garage because the at-fault insurance company hasn’t come out to look at it yet.  In the meantime he has to drive his “winter car”. 

Bob didn’t suffer any out of pocket loss.  He didn’t rent a vehicle or didn’t have to hire a taxi.   But, he lost the use of his vehicle.  He was certainly inconvenienced by the collision.  The law says that the at-fault party must pay for this loss of use and inconvenience.  (Hellenbrand v. Hilliard 2004 WI App 151, para. 34).

If you have questions about loss of use or loss feel free to call me.  I’d be happy to help you.  I’ll write later on about loss of value of a vehicle.  (for example, if your new vehicle is in a collision it loses its resale value.)

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Racine, Pleasant Prairie, Marinette and Wauwatosa.

No Fee on P.D.?

I was asked a few minutes ago about the fees I charge.  In general, personal injury lawyers get paid from a “bodily injury” settlement or verdict.

I should explain.  Insurance companies deal with two sides of an auto accident/motorcycle accident etc.  BI=Bodily Injury and PD=Property Damage.   

Personal injury attorney’s fees are based on the recovery obtained for the client.  Because it is a percentage of the recovery, the more the attorney recovers for the client the more the attorney gets paid.  It’s the reason we’ll try as hard as possible to get as much as the law will allow. 

We almost never charge a fee from the PD side of the case.  In general, be wary of the law firm that states they take a fee from BI and PD settlements.  In my opinion, a personal injury lawyer should take a fee from the property damage settlement only in the most unique and very rare situations.   

So, if you are unlucky enough to get into a car accident, motorcycle accident or other personal injury be sure to interview lawyers and ask, “Fee on P.D.?”

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Pleasant PrairieStevens PointMinocqua and St. Nazianz.