Herrling Clark Law Firm Ltd.
When Your Future is at Stake
Recent blog posts

b2ap3_thumbnail_Wisconsin-auto-accident-lawyers_20170526-162221_1.jpgThis Memorial Day weekend is expected to be the busiest for travel in more than a decade, and for good reason. Employment is up, gas prices are down, and families and friends are ready to celebrate. With some 766,000 Wisconsin residents expected to travel out of town and 693,000 expected to hit the highways, road crews are taking off for the extended weekend. Unfortunately, that does not eliminate the risk of a construction zone accident.

Construction Zones Still Require Attentiveness

Although workers are taking an extended weekend off to make more room for drivers, orange cones, lane closures, and other elements specific to construction zones will still be present. As always, these areas require that drivers be attentive. Pay special attention to the road and the drivers around you. Watch for sudden lane changes or closures, vehicles that seem to be moving erratically, and uneven pavement areas. Also, be prepared for slow traffic through construction areas, and even potential stops due to congestion.


Wisconsin drugged driving accident lawyersDrunk driving accidents have long plagued society. Unfortunately, it is no longer the biggest threat on the road. Instead, that title now goes to drugged driving. The following explains the severity of the problem, and it provides some solutions for staying safe on the road. It also offers useful information on the rights of drugged driving accident victims, including their right to pursue compensation with the assistance of an experienced legal professional.

America’s Drug Epidemic

For years, health experts have expressed concern over the rising prevalence of prescription drug abuse. Of the highest concern is the opioid addiction, which is now thought to impact over 2.5 million Americans. Many of those who are addicted end up getting behind the wheel of a vehicle. Some are so drugged that they literally pass out while driving. Others simply have impaired driving abilities. Either scenario can cause a serious or fatal accident.


Appleton trucking accident lawyersIt is no secret that distracted driving is a pervasive issue in America, but most people expect truck drivers to resist the urge. Unfortunately, they are just as likely to succumb to the temptation of their devices as everyone else. The major difference here is that their accidents are far more liable to be catastrophic in nature. Learn more about the prevalence and severity of distracted truck driver accidents, and what your rights may be, with help from the following.

Truck Driver Causes Deadly Crash in Arizona

In 2013, a truck driver moving through Arizona plowed directly into two fire trucks and three police cars that were stopped at the scene of an accident. One officer was fatally injured in that crash. Footage from his dash cam shows his wallet blocking the view of his face. His cell phone records allegedly showed him on Facebook at the time of the crash. He was charged with 20 felony charges after that accident, including a charge of second-degree murder.


Appleton motorcycle crash lawyersAlmost every motorcyclist knows at least one rider who refuses to play by the rules. You know the one: they ride in the “dead zone” (the space between parked cars and active traffic). They weave in and out of traffic as if they own the road. They throw caution to the wind and act as though it is not their problem if another vehicle operator does not see them. Of course, you recognize that it is very much their problem, and you try to get through to your friend, but some people will only learn through experience.

You, on the other hand, take the extra precautions. You follow the posted speed limit signs. You avoid riding while intoxicated. You understand that you are less likely to be seen and you act accordingly. You avoid driving when the weather is slick (as best as you can), and you never assume anything of anyone – especially other road users. Sadly, though, your risk of an accident is still higher than that of other drivers. Further, you are more likely to experience a serious injury in a crash. Learn more about how to protect yourself from some of the most common motorcycle accidents, and what your rights may be in the event of a collision.

Left Turns at Intersections


Wisconsin auto accident lawyersWhile many car crash injuries are minor, some may be significant and life-threatening. Thankfully, proper identification of these serious injuries can improve the overall outcome for victims. Learn more about how to distinguish the difference between minor and severe injuries after a crash, and what your right to compensation may be.

Injuries to the Head and Neck

Some of the most common but serious injuries sustained in car accidents pertain to the head and neck areas. Of course, not all injuries to these areas of the body are serious; some victims may experience only minor symptoms of a traumatic brain injury (TB) or whiplash. However, anyone who experiences serious, long-lasting, or worsening headaches should see a physician immediately. These symptoms could be a sign of serious head or neck injuries, such as blood clots in the brain, severe TBI, or even damage to the vertebrae in the neck area. Head or neck injuries that result in severe bleeding, fractures, or puncture wounds should also be examined.


Wisconsin traumatic brain injury lawyersAlthough a lot of traumatic brain injury (TBI) victims do eventually recover, there are those that suffer lifelong complications. In these situations, families of victims may face some major challenges. Learn more about these challenges, and what compensation may be owed, with help from the following information.

Medical Treatment and Expenses

When victims suffer long-term complications from a traumatic brain injury, they often need extensive medical care. Physical therapy, medications, psychiatric counseling, and regular doctor’s appointments may all be required – often for the rest of the victim’s life. Over time, the cost can add up. To make matters worse, family members are often responsible for ensuring the victim makes it to their appointments. As such, they may lose time at work that is needed to pay for appointments and help support the victim.


Appleton whiplash injury lawyersWhiplash, which is caused by a forceful and sudden jerking of the head, is most commonly experienced by car crash victims. It can cause pain and stiffness, limited range of motion, headaches, dizziness, fatigue, and more – sometimes to the point that the victim must miss work, take pain medications, or undergo long and extensive treatment and physical therapy.

Of course, most victims will eventually recover from their injuries, sometimes over the course of just months. Unfortunately, there is a small percentage that experience chronic or potentially even life-long injuries. Sadly, this latter group often struggles to obtain fair compensation. Learn more about why and how with help from the following information.

Claims Refuting the Existence Complicate Claims


Wisconsin truck accident lawyersTrucking accidents are often devastating to victims and their families. Many must undergo extensive medical treatment, will miss a lot of time at work, or may even find themselves permanently disabled. In these situations, victims may be owed compensation. Unfortunately, obtaining it is not always easy. Victims must bear the burden of proof. Further, they may need to pin down exactly who caused the accident – was it the trucker, the company, or a third-party loading company? This is where an investigation comes in.

The Anatomy of an Investigation

Investigations for trucking accidents go much further than simply determining how or why the accident occurred. It also establishes fault. Everything from the truck’s black box, driving logs, maintenance logs, and load information is studied and examined. Intoxication tests, training certifications, copies of licenses, employment history of the driver, and results of the road test are also included in the investigation process. The point is to ensure that victims pursue compensation, not just from one at-fault party, but all of them.


Wisconsin traffic accident lawyersThere are many ways and places that drivers can get into an accident, but intersections tend to be one of the most common. In fact, data from the National Highway Traffic Safety Administration (NHTSA) shows that 733,000 injury crashes and 7,196 fatalities occurred at intersections in 2008 (the most current year for which data is available). The U.S. Department of Transportation also estimated that around 43 percent of all motor vehicle accidents are “intersection-related.” Protect yourself and your family with help from the following tips.

Types of Intersection Accidents

Intersection accidents tend to be rather disarming. In fact, victims rarely ever see the vehicle until after the crash has occurred. Many also experience a sense of disorientation in the first few moments after a collision. Some of the most common types of intersection accidents include:


Appleton TBI lawyersWhile traumatic brain injury (TBI) impacts more than 1.7 million Americans per year, there is still little known about their healing process. In fact, doctors still do not have an accurate way to predict the extent of recovery a patient may experience, or how long it might take to heal fully. That could soon all change, thanks to a new study. What is more, the new information could significantly impact the outcome of personal injury claims.

The Mystery of TBI Recovery

Although some 52,000 TBI victims experience death and another 275,000 are hospitalized each year, the Centers for Disease Control and Prevention (CDC) estimates that around 80 percent of all victims are treated and then sent home to recover. What, exactly, does such a recovery entail? For most, it is nothing more than time and rest. How much time, no one can honestly say. Some start to feel better after just a matter of weeks. Others experience persistent symptoms that last for months or years. Still others never fully recover.


Wisconsin work injury lawyersStatistics from the Occupational Safety and Health Administration (OSHA) show that approximately one out of every ten construction workers will experience a workplace injury. Worse yet, the average construction worker has a one in 200 chance of experiencing a job-related fatality over the course of a 45-year career. Why is the construction industry so dangerous, and what (if anything) can be done about it? The answer, though complex, rests within the ten most common types of construction accidents.

Most Common Types of Construction Accidents

Although there are many different subsets of construction (road construction, high rise construction, etc.), they all share the ten most common causes of death and injury. These accident types are as follows:


Wisconsin drunk driving accident lawyersEach year, nearly 10,000 people are killed in drunk driving accidents. Even more experience injuries of varying degrees. Many victims need at least some form of medical treatment, which can result in costly medical bills. Further, some drunk driving accident victims may lose time at work. Still, others may experience permanent disability and may never be able to return to work – and all because one person acted with negligence. Thankfully, victims do have the right to pursue compensation for their losses. The following explains what types of compensation victims may be owed, and how they can increase their chances of a fair settlement.

Common Types of Compensation

Like with most auto accidents, victims may pursue compensation from the negligent driver’s car insurance company. Handled much like any other claim, this type of compensation is known as a personal injury claim. However, drunk driving victims may also be owed restitution from the drunk driver. Such damages are sought through the dram shop laws; though they are limited, they may increase the overall amount of a victim’s settlement.


Appleton motorcycle accident lawyersStatistics from the U.S. Department of Transportation (DOT) show that over 4,000 motorcyclists lose their lives each year. Thousands more experience serious injuries, some of which lead to short-term or long-term disability. What are the most common injuries, and what recourse do victims and their families have if a motorcycle accident results in a fatality or severe injury? The following explains further and provides you with details on finding assistance with your claim.

Most Commonly Experienced Injuries

Head injuries tend to be more common and severe among non-helmeted riders; they are also more likely to result in fatal injuries. Such injuries may include everything from fractures in the facial bones or skull to head lacerations and traumatic brain injury (TBI). However, helmet use is not always effective at preventing severe or fatal injuries. In fact, data suggests that helmets are only 37 percent effective at preventing fatal injuries, and only about 67 percent effective at preventing head injuries. Furthermore, although insurance companies often try to use the failure to use a helmet as a defense to an injury claim, Wisconsin Statutes prohibit the reduction of damages for the failure of a licensed motorcycle operator to operate without a helmet.


Green Bay truck accident lawyersOften, victims and their families assume that semi-truck accidents and car crashes are treated the same. There are some major differences, however. In some cases, this can make winning compensation more difficult. In other ways, it can increase the amount that a victim or their family may be owed. Learn more about how semi accidents are different from car crashes, and why it matters, with help from the following information.

Truck Drivers Are Held to a Higher Standard

Semi-truck drivers are required to train for and obtain a Commercial Driver’s License (CDL). To maintain their licensing status, CDL holders must also undergo regular physicals and drug screenings. As such, they are held to a higher standard than typical drivers; they are expected to understand the risk that they and their vehicles pose to other drivers, and to act accordingly.


Appleton pedestrian accident lawyersData from the National Highway Traffic Safety Administration (NHTSA) estimates that around 4,000 pedestrians are killed in motor vehicle accidents per year. Many more are severely injured and may suffer from either short- or long-term disability. What determines the difference between those that are just injured and those that suffer a fatality? The answer is often vehicle speed. Learn more about how the speed of a vehicle upon impact can affect a pedestrian’s risk of injury or death with help from the following information.

Increased Speed Heightens the Risk of Fatality

There are many disagreements about vehicle speed and the risk of fatality in pedestrian accidents – namely the specific speeds at which the risk of death and severe injury increase). However, there is a universally accepted truth: higher speeds increases the risk of fatality for pedestrians. As such, areas that are dense in human foot traffic tend to have lower speed limits (i.e. residential areas, business districts in major cities, etc.). These areas may also contain more safety provisions, such as crosswalks, extra traffic lights, and warning signs to notify drivers of pedestrian crossings. Sadly, some drivers either miss or refuse to heed them.


Appleton defective product lawyersThe Consumer Protection Safety Act (CPSA) is meant to protect consumers from the risk of death or injury from dangerous and defective products. Enacted by Congress in 1972, it outlines guidelines for the safe production, sale, packaging, and labeling of consumer products. It also regulates manufacturers and requires that they follow a specific protocol if or when a defective product is discovered. Unfortunately, not all manufacturers adhere to the CPSA. For this reason, every American should understand their rights and protections under this Act, including what their rights are if or when an injury or fatality occurs.

Consumers Have the Right to Expect Reasonably Safe Products

Before the CPSA, defects were extremely common. Some products were so dangerous, they put millions of people at risk of death or serious injury. There were toasters that would catch fire, even if not in use, and burn down homes. There were toys that caused strangulation and contained lead paint, which compromised the health and safety of young children. Essentially, consumers never knew what they were buying, or if it would pose a risk to themselves or their family members. It was this problematic situation that led to the enactment of the CPSA.


Wisconsin burn injury lawyersThere is a common misconception that electrical burns happen only to those who work with electricity. Unfortunately, nothing could be further from the truth. A homemaker or child may experience an electrical burn while using a defective in-home appliance. Swimmers can experience an electrical burn from cracked and uninspected lights in public and private swimming pools. Even car crashes and construction sites can lead to electrical burns. What happens to those who do experience them, and what resource might a victim have in such a situation? The following explains.

Understanding the Types of Electrical Burns

Electrical burns generally occur in one of two ways: thermally or an arc burn. Thermal burns are those experienced when a victim is burned by an overheated electrical surface, such as a conduit, or comes in direct contact with an electrical source. Arc burns are those experienced in the gap between conductors (air, water, etc.); these may also be the result of an explosion flash of electricity. Clothing lit on fire while touching an overheated surface may also be considered a thermal burn but could be, in some cases, an arc burn. Exact details of the accident will determine what type of burn a victim has experienced.


Wisconsin drunk driving accident injury lawyersStatistics from the Centers for Disease Control and Prevention (CDC) show that intoxicated driving causes approximately 31 percent of all traffic-related deaths in America. In total, that amounts to nearly 10 million drunk driving deaths per year, and about one death every 53 minutes. Additionally, there are thousands more injured in drunk driving crashes. The following examines who can be held liable in such situations, and why it is important.

Understanding the Importance of Liability

If you or someone you love has experienced such a tragedy, it is important to know your rights, including who may be considered liable in a drunk driving accident. Doing so can increase your chances of receiving the compensation you deserve, which can help ensure that you or your loved one receive the treatment and therapies you need. Compensation can also cover income losses, such as those experienced when a loved one experiences death or disability (either temporary or permanent) during a drunk driving crash.


Wisconsin brain injury lawyersStatistics from the Centers for Disease Control and Prevention (CDC) estimate that some 1.7 million Americans suffer from a traumatic brain injury (TBI) each year. Science now suggests that those individuals could be at an increased risk for several serious and lasting conditions. Uncovered by biologists at University of California, Los Angeles (UCLA), this revolutionary discovery could one day impact personal injury cases.

About the Study

Published in EBioMedicine, the study examined the brain function of rats. At the beginning of the study, 20 of them were trained to escape a maze. Later, 10 were injected with a fluid that simulated a brain injury. Both sets of rats - the injected group and control group - were returned to the maze. Those in the control group continued to perform as they always had, but the ones who had experienced a brain injury took approximately 25 percent longer to find their way out of the maze.


Green Bay auto accident lawyersCar accidents cause 2.35 million injuries and over 37,000 deaths each and every year. They are the leading cause of death among those between the ages of 16 and 20, and they are one of the leading causes of traumatic brain injury, death, and disability among all age groups. Why are auto accidents so common, and why do the rates keep climbing? The following explores these questions and explains what you can do if you or someone you love is injured in an automobile accident.

Distracted Driving

Distracted driving applies to any activity that takes your eyes or concentration off the road (eating, changing the radio station, applying makeup, etc.) but cellphone use is, by far, the most common distracted driving habit. Even more concerning is that the rates continue to rise in the face of new laws, campaigns, and safety warnings.

Appleton Office
800 North Lynndale Drive
Appleton, WI
(920) 739-7366
Green Bay Office
2740 South Oneida Street
Green Bay, WI
(920) 468-7366
New London Office
105 East Waupaca Street
New London, WI
(920) 982-9652
Oshkosh Office
510 North Koeller Street
Oshkosh, WI
(920) 385-0616
  • Wisconsin Association for Justice
  • State Bar of Wisconsin
  • American Bar Association
  • American Association for Justice
Herrling Clark Law Firm Ltd. is located in Appleton, Wisconsin, and serves clients in Fox Valley, Outagamie County, Brown County, Door County, Kewaunee County, Manitowoc County, Sheboygan County, Fond du Lac County, Calumet County, Winnebago County, including Appleton, New London, Clintonville, Neenah, Oshkosh, DePere, Fond du Lac, Sheboygan, Manitowoc, Kewaunee, Sturgeon Bay, Marinette, Neenah, Chilton, Menasha, Shawano, Waupaca, Wausau, and Green Bay, Wisconsin.
Back to Top