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Appleton car accident lawyer drug use

The dangers of driving under the influence of alcohol are well-documented and understood, and people often take steps to avoid and prevent drunk driving. However, many people may not be aware that driving under the influence of controlled substances, prescription drugs, or over the counter medications can be just as dangerous. Concerns about drugged driving have increased in recent years due to a number of factors, including the legalization of marijuana for medicinal or recreational use by several states and the epidemic of opioid use that has affected people throughout the U.S. Drugged driving accidents are likely to result in severe injuries, and victims of drivers who were under the influence of intoxicating substances should be sure to understand their legal options.

How Common Is Drugged Driving?

It can be difficult to determine the total number of car accidents that are caused by drugged driving, since the amount of a drug that can result in impairment often varies from person to person, and drivers who are involved in accidents often have multiple drugs in their systems. However, a 2016 study found that 43.6% of drivers who were killed in car accidents were found to have drugs in their system. In addition, the 2017 National Survey on Drug Use and Health found that 12.8 million people reported driving while under the influence of illegal drugs within the past year. These statistics demonstrate that drugged driving is all too common, and it may be a factor in a growing number of motor vehicle accidents. 

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Green Bay falling truck cargo injury lawyerWhen another vehicle collides with a commercial truck, the driver or passengers in that vehicle are likely to suffer serious injuries. Truck accidents can occur for a variety of reasons, but unsecured cargo is one particularly dangerous issue that can affect everyone on the road. When a truck’s load is not properly secured, cargo may fall from the truck. This can damage other vehicles and harm drivers or passengers, or it may create debris in the roadway that leads to collisions between other vehicles. Cargo that is not loaded properly may also affect the balance of a truck, resulting in a rollover accident, and cargo that shifts during travel can cause a driver to lose control of their truck and collide with other vehicles.

Responsibility for Properly Securing Cargo

When a truck’s cargo is not secured correctly, and a truck accident occurs as a result, there may be multiple parties who are liable for the injuries and damages suffered by victims. These parties may include:

  • The truck driver - If a driver did not properly inspect their truck to ensure that the cargo was fully secured, this is considered negligence. Drivers should not only inspect cargo after it was loaded, but they should also perform regular inspections throughout the course of a trip.
  • Truck loaders - The person or company who was responsible for loading cargo on a truck must follow the proper loading procedures and ensure that cargo is secured correctly. A company may be liable for injuries which occurred because it failed to meet these requirements or because it did not provide proper training to its employees.
  • The trucking company - If a trucking company did not provide the equipment necessary to safely secure a load, if it did not perform the proper maintenance or replace worn equipment, or if it did not properly train truck drivers on cargo inspection, the company may be liable for injuries suffered because of unsecured cargo.
  • Equipment manufacturers - If the equipment used to secure a load was faulty or defective, the manufacturer of this equipment may be held responsible for damages that occurred as a result.

Contact Our Appleton Unsecured Cargo Accident Lawyers

Unsecured, overloaded, or falling cargo can be incredibly dangerous. If cargo-related issues cause a truck to collide with another car, truck, or motorcycle, or if debris in the road results in a pileup between multiple vehicles, those who were responsible for the accident should be identified, which will allow victims to recover compensation from all liable parties. At Herrling Clark Law Firm, Ltd., our Green Bay truck accident attorneys will investigate the circumstances of your accident and work to ensure that you are fully compensated for your damages. Contact us today at 920-739-7366 to schedule a free consultation.

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Appleton crush injury attorneys

Most people are familiar with the dangers presented by electricity. However, we are surrounded by electrical devices and wiring in our everyday lives, and the risks of electrocution are present in a wide variety of situations. Anyone who experiences electrocution should understand the effects of this type of injury and the options for pursuing compensation from a negligent party who was responsible.

Effects of Electrocution

Since the human body conducts electricity, contact between any part of the body and an electrical energy source can result in electrocution. Depending on the part of the body affected, this can cause serious injuries or death. Some potential electrocution injuries include:

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Green Bay motorcycle accident lawyer distracted drivingWhile everyone who uses the road faces some level of danger, motorcyclists are particularly at risk of injury. Since they do not have the protection that cars and trucks provide to their occupants, motorcycle riders and passengers are likely to be seriously injured in a motorcycle accident

Distracted driving is one issue that can endanger motorcyclists, since even when a driver is fully attentive, they may not see motorcycles on the road around them. The increased use of cell phones in recent years has been a factor in many accidents caused by distracted driving. Fortunately, some states have taken steps to address this, and this has had a measurable effect on the safety of motorcyclists.

Improved Safety From Laws Regarding Cell Phone Use

While many people may believe that they can operate a vehicle safely while using a cell phone to make calls or send texts, this type of distraction can be incredibly dangerous. Using a handheld device causes a driver to take their hands off the wheel and their eyes off the road, and even a momentary lapse in attention can lead to a dangerous collision. Because of these dangers, some states have passed laws restricting the use of cell phones while driving. But have these laws actually improved safety on the roads?

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Appleton, WI injury lawsuit attorney

During the summer months, many people enjoy boating and other water-related activities on the lakes and rivers throughout the state of Wisconsin. However, these activities carry some degree of risk, and it is important to follow the proper safety procedures. Unfortunately, even when boat operators and passengers do everything they can to stay safe, they may still suffer serious injuries in boating accidents. If injuries occur because of someone else’s negligence, victims should work with an attorney to determine their legal options for recovering compensation.

Boat Accident Injuries

According to Wisconsin law, any boating incident involving injuries that require medical treatment other than basic first aid, fatalities, property damage of $2,000 or more, or the loss of a boat must be reported to the Wisconsin Department of Natural Resources. In 2018, there were 108 boating incidents reported, and these resulted in 76 injuries and 21 fatalities. Boating accidents can occur for a variety of reasons, including:

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Appleton, WI injury lawsuit attorneyA serious injury can have a huge impact on your life and your finances. In addition to paying for medical treatment, you may lose income if you are unable to work while you are recovering, and you may require ongoing rehabilitation or accommodations for disabilities. In many cases, a personal injury lawsuit will allow you to recover compensation from the person responsible for your injuries. However, if your injury was caused by a friend or family member, you will probably be hesitant to take legal action against them, since you do not want to jeopardize an important personal relationship. Fortunately, Wisconsin’s direct action statute may allow you to recover compensation from the person’s insurance company rather than bringing a lawsuit against them.

What Is Direct Action?

Wisconsin statute 632.24 states that an insurer is liable for damages caused by a person covered by an insurance policy, up to the policy limits. This is a law that is unique to the state of Wisconsin, and it allows an injured person to pursue a lawsuit against an insurance company rather than (or in addition to) the person who caused the injury.

Under this law, you can avoid taking legal action against a family member or friend who acted negligently and caused injuries or other damages. This can be beneficial in a wide variety of situations, including:

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Green Bay electrocution attorneys

Concussions and other types of traumatic brain injuries (TBIs) can be very serious, and they can occur in a wide variety of situations, such as car accidents and workplace accidents. The symptoms of a brain injury may not be readily apparent, and they may not appear until days or weeks after the injury occurred. However, they can have a major impact on the life of a person and their family, affecting a victim’s motor skills, vision, hearing, memory, and emotional health. Because of these dangers, it is important to identify brain injuries as soon as possible, and some recent advances in medical technology may help determine the best course of action for injury victims.

Blood Tests for Head Injury Evaluations

In 2018, the U.S. Food and Drug Administration (FDA) approved a method of using a blood test to evaluate mild traumatic brain injuries or concussions in adults. This test, known as the Banyan Brain Trauma Indicator (BTI), measures proteins that are typically released into the bloodstream by the brain within 12 hours after a person experiences a brain injury. By testing the levels of these proteins, doctors can better predict whether a person has experienced a TBI and whether further tests and treatment may be necessary.

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Green Bay work injury attorney

Going to work should not put employees in danger of coming home at the end of the day with a severe injury. Unfortunately, workers are often injured while on the job. While some occupations are inevitably risky, all employers should take the time to make their workplace as safe as possible. According to the National Safety Council (NSC), a worker is injured on the job every seven seconds in the U.S. On a grander scale, 104 million production days were lost in 2017 due to work-related injuries. There are three leading causes of work-related injuries that have been recorded by the NSC, each of which could be avoided with proper precautions by employers.

Top Causes of Employee Injuries

Many people suffer from injuries at work, but not all of these injuries are serious enough to require an employee to take time off. Of injuries that did require days off from work, there were three main causes of non-fatal injuries that account for more than 85% of all cases:

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Appleton whiplash attorney

Next to the brain, the spinal cord is the most important part of the central nervous system, and any injuries to the spine are not only likely to be incredibly painful, but they can result in paralysis, disability, and a long-term impact on a person’s ability to live and work. The neck is an especially vulnerable part of the spine, and it can be injured in a variety of ways. If you have been involved in an incident that has resulted in neck pain, you should understand the potential neck injuries that you may have experienced, the treatments necessary to protect your health and well-being, and the options for pursuing compensation from those who were responsible for your injury.

Common Neck Injuries and Treatments

Neck injuries can vary significantly in severity, ranging from mild discomfort to long-lasting pain and disability. In many cases, neck injuries are caused by whiplash, which occurs when the neck is hyperextended after the head is suddenly thrown backward or forward. Whiplash is often experienced in car accidents, but it may also occur during sports injuries, and the neck can also be injured in a slip and fall or as the result of an assault. Some common types of neck injuries include:

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Appleton truck accident attorney driver fatigue

Tractor-trailer trucks are a familiar sight on the roads in Wisconsin and throughout the United States. Because many people are used to driving around large trucks, they may not realize the dangers that these vehicles present. Unfortunately, the drivers and passengers in other vehicles are likely to be seriously injured in a collision with a semi-trailer truck. In fact, out of the 4,102 people who were killed in truck accidents in the United States in 2017, only 683 were the drivers or occupants of trucks. Occupants of passenger vehicles, motorcyclists, bicyclists, and pedestrians made up 82% of the fatalities in semi-truck accidents, demonstrating the risks that these massive vehicles present. 

Truck drivers are required to take extreme care to protect the safety of those on the road. Unfortunately, negligence on the part of truck drivers or trucking companies can result in serious or fatal accidents. One common cause of these accidents is driver fatigue.

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Appleton burn injury attorney

Burn injuries can be extremely serious, and they may leave severe scarring if the burns are deep enough. What many people do not realize is that there are different forms of heat, each of which can cause burns. Dry heat is what people typically think of when they picture burns. The most common form of dry heat is a regular fire. Steam and hot liquids are classified as wet heat, which can also be very dangerous. Radiation, friction, electricity, hot objects, the sun, and chemicals also cause serious burns. Many of these injuries can be prevented, but when they happen due to the negligence practices of businesses or individuals, victims should work with an attorney to determine their options for pursuing compensation.

Types of Burns and Their Treatments

Medical professionals identify three different degrees of burns, and the seriousness of an injury is dependent upon the depth of the burn:

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Green Bay drunk driving accident lawyer

Drunk driving is illegal in all 50 states, and the consequences are very serious if a person is caught driving under the influence. Drunk drivers do not only put themselves at risk when they get behind the wheel, but they also endanger everyone else on the road. While people’s opinions about how much alcohol is necessary for them to be considered “drunk,” the law is very clear about the level of intoxication at which it is illegal to drive.

What Are the Wisconsin Laws Regarding Drunk Driving?

The state of Wisconsin has a specific definition of what is considered drunk driving, and there is little room for ambiguity. According to the Wisconsin Department of Transportation, it is illegal for someone 21 and over to operate a car, truck, or other motor vehicle under the following conditions:

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Appleton car accident attorneysPedestrian accidents are extremely common across the United States, with 5,987 pedestrians killed in traffic crashes in 2016. According to the Wisconsin Department of Transportation, our state is no exception, with around 60 pedestrians being killed and 350 being seriously injured every year. The age range of victims varies; however, the highest rates of pedestrian injuries and fatalities occur among elderly people and children between the ages of five and nine. In addition, the Centers for Disease Control and Prevention (CDC) reports that one in every five children under the age of 15 who were killed in traffic crashes in 2016 were pedestrians.  

Why Are Children in Such a High Number of Pedestrian Accidents?

Pedestrian accidents that involve children are often fatal, due to a child’s small size in comparison to that of a motor vehicle. Children’s lack of experience is the most common reason for the dangerous situations they may find themselves involved in. It can be difficult for a child to understand how cars work and how unsafe they can be. Children assume that if they can see the driver, the driver can also see them. They fail to recognize that a driver must process a large amount of sensory input while behind the wheel, making it easy to miss a small child. In addition, a child’s perception of speed and distance is inaccurate. They may think that a car can stop instantaneously and do not realize that they should give vehicles time and space to slow down. Lack of knowledge of traffic rules can cause children to step in front of cars or attempt to cross the street at the wrong time and place.

Physical development is another reason why children are at risk of being injured in a pedestrian accident. Children have one third less peripheral vision than adults, making it more difficult for them to notice oncoming traffic quickly enough to avoid it. The same is true for children’s hearing. Because their senses are still developing, children may not be able to easily determine the direction of a noise, which can make it challenging to alert a child if you are driving in their direction. Most children also have a lack of understanding of what injuries feel like, as well as the extent to which they would be injured if struck by a car or truck.

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Green Bay pedestrian accident attorneyWhen a pedestrian is struck by a motor vehicle, they are likely to suffer severe injuries. These injuries can require both immediate medical attention and long-term care and rehabilitation. Victims are often temporarily or permanently disabled, resulting in significant lost income while they are unable to work. In the worst cases, a pedestrian is killed after being struck by a negligent driver. In the event of a pedestrian accident, victims or their family members should seek out legal assistance immediately.

Injuries Suffered in Pedestrian Accidents

According to the Governors Highway Safety Association (GHSA), analysis of crash data from 2018 shows that the United States saw the highest number of pedestrian accident fatalities since 1990. 6,227 pedestrians were killed, which was a 4% increase from the previous year and a 35% increase since 2008.

Even when pedestrian accident injuries are not fatal, they are likely to be very serious. Motor vehicles weigh several thousand pounds, and even at low speeds, they have a great deal of momentum. A pedestrian who is struck by a car, truck, or other vehicle is likely to suffer the following types of injuries:

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Appleton uninsured driver car accident attorneyAll Wisconsin drivers must have proof of auto insurance policy coverage in case they are in an accident while driving or are pulled over for a traffic violation. If you are involved in a car accident, and another driver is at fault, his or her auto insurance should typically pay for any repairs to your car or any medical bills due to injuries suffered in the crash. However, sometimes the at-fault motorist does not have any insurance coverage, which means you would have to pay for those expenses yourself. This could be very costly, depending on the severity of the accident. Fortunately, your own insurance policy may provide you with coverage in these cases, but before accepting a settlement from an insurance policy, you should consult with an attorney.

Auto Insurance Coverage

It is important, before settling, to explore all potential sources of insurance. While a driver may have minimal or no liability insurance coverage, it the driver was operating a vehicle owned and insured by another person, as long as the driver was operating with the appropriate permission, the vehicle owner’s insurance company would cover the driver. If the driver was on the job, his or her employer and the employer’s insurance company would be responsible for the damages caused by the driver. If the driver was working in partnership with others, other members of the partnership, and their respective insurance companies, may also be liable. If, after exploring all possible options, there is no insurance, or the insurance is insufficient to cover all of the injured party’s damages, an injured party can look to his or her own insurance company for uninsured or underinsured motorist coverage.

Uninsured motorist coverage under your own insurance policy provides you with protection if you are in an accident with a driver who does not carry auto insurance. Underinsured motorist coverage applies when you are in an accident with a driver whose liability insurance coverage will not fully cover your medical expenses or damage to your vehicle.

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Appleton personal injury lawyer

More and more people today are using bicycles as a mode of transportation, especially when traveling to work. This is a great form of exercise in addition to being a more economical way to reach your destination. Plus, since bicycles do not use gasoline like cars, they do not pollute the environment. Some cities across the United States have even taken steps to encourage bicycle use by designating “bike to work” months.

Bicycles are considered the same as other vehicles on Wisconsin roadways from a legal standpoint, so cyclists are required to follow all traffic laws, and other drivers should take care to share the road safely with them. As a bicyclist in Wisconsin, you may run the risk of being hit by a reckless driver or another bicyclist and therefore suffer a personal injury.

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Green Bay car accident attorney speedingWhen driving, most people exceed the speed limit from time to time in order to get to their destination as quickly as possible. However, while it may seem relatively harmless, speeding can increase the chances of a car accident, and it becomes even more dangerous when combined with other forms of reckless driving, such as swerving, tailgating, erratic lane changes, or running red lights or stop signs. If you have been injured in a motor vehicle collision in which speeding was a factor, it is important to work with an attorney to determine your options for recovering compensation for your damages.

Speeding Is a Leading Cause of Car Accident Injuries and Deaths

According to the National Highway Traffic Safety Administration (NHTSA), 9,717 people were killed throughout the United States in 2017 in accidents involving speeding. In all, speeding accounted for more than 25% of all traffic deaths. The dangers are even more pronounced in Wisconsin, with speeding being involved in 29% of traffic fatalities. According to the Wisconsin Department of Transportation, there were an average of 40,148 injuries and 549 fatalities in traffic accidents between 2011 and 2015. Out of these incidents, speeding was involved in an average of 7,713 injuries and 161 deaths.

Drivers who exceed the speed limit not only put themselves at risk, but they also endanger other drivers, passengers, motorcyclists, bicyclists, and pedestrians. Speeding increases the risk that a driver will lose control of their vehicle when making turns, changing lanes, or reacting to conditions on the road. Since more distance is required to slow down and stop when speeding, it can also increase the chances of a rear-end collision. In addition, car accidents are often more severe at higher speeds, and the effectiveness of seat belt restraint systems and airbags is reduced.

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Green Bay motorcycle accident attorneyMotorcycles offer riders a great deal of freedom, and they are a great way for many people to enjoy traveling throughout Wisconsin and the rest of the country. However, due to the limited protection that motorcycles provide for drivers and passengers, the injuries suffered in motorcycle accidents are often incredibly severe or even fatal. In fact, the Insurance Institute for Highway Safety (IIHS) has reported that motorcyclists are approximately 28 times more likely to suffer fatal injuries in collisions than drivers or passengers of cars or trucks.

May is Motorcycle Safety Awareness Month, and it provides a great opportunity to remind drivers of the importance of driving safely around motorcycles. This is crucial, because more than half of all fatal motorcycle crashes involve multiple vehicles, and more than 85% of motorcyclists who are killed in two-vehicle collisions are involved in a crash with a passenger vehicle.

Driver Negligence Leading to Fatal Motorcycle Accidents

Motorcyclists can take steps to protect their own safety by wearing a helmet, avoiding drunk driving, and following the rules of the road. However, even the safest cyclist may be severely injured or killed because of the negligence of other drivers. Motorcycles have the same rights to use the road as other vehicles, and drivers should take care to notice motorcycles around them. Unfortunately, drivers often fail to do so, and the following forms of negligence can lead to fatal motorcycle crashes:

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Green Bay electric scooter injury lawyerA recent transportation trend has seen people of all ages begin to use electric scooters, also known as e-scooters, to travel in cities throughout the United States. An e-scooter is a powered stand-up scooter which uses a small electric motor. This mode of transportation is especially popular in warm weather or mild climates. Electric or motorized scooters are a more efficient way to get around compared to walking. In addition, they can be a great way to see a city if you are a tourist. However, as with any motorized device, people face the risks of serious accidents and injuries that can occur while operating them.  

Injuries While Riding E-Scooters

Riders should pay attention to the terrain where they are riding an electric scooter. If a person accidentally hits a crack in a sidewalk or uneven pavement at any speed, they may lose control and fall, which could result in broken bones, lacerations, concussions, punctured lungs, and more. If the hazards in the roadway are due to maintenance issues by a negligent property owner, victims might be able to pursue compensation for any injuries sustained while operating the scooter.   

If the e-scooter is found to have defective parts that caused an accident, the manufacturer could be liable. Recently, an electric scooter manufacturer announced that a defect in their scooters could cause batteries to smolder or even catch fire, leading to serious burn injuries. The company also urged riders to be extra cautious because of a technical problem that could cause “sudden excessive braking” during rides, which may result in a rider flipping over the handlebars. In these cases, victims could sustain bone fractures or traumatic brain injuries.

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green bay personal injury lawyerWith warm weather comes a variety of outdoor activities to look forward to, especially for those who have spent a long, cold winter indoors. Summertime is a chance to be outside--swimming at a pool or beach, hiking, biking, gardening, grilling out, etc. All these events can be fun, but it is important to be aware of the potential risks involved that can cause serious injuries.

Injuries During Warm Weather Activities

Swimming is a very popular summertime activity, but it comes with risks. According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of unintentional death in children ages one to four. Kids and adults alike can also injure themselves jumping off diving boards or going down slides, especially if equipment is defective or is not properly maintained. These incidents can lead to traumatic brain injuries or broken bones.

When the sun is out and the temperature is nice, many people go for walks or hikes with their dogs. Not all dogs are friendly, however, so it is important to be alert, since some dogs could bite you if you try to pet them. The same goes for other pets that may not be on a leash or controlled by their owners. If you are seriously injured by a dog bite, the animal’s owner may be held liable for your damages.

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Appleton Office
800 North Lynndale Drive
Appleton, WI
54914-3017
(920) 739-7366
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2740 South Oneida Street
Green Bay, WI
54304-5751
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New London, WI
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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.
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