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Green Bay car accident lawyer delayed onset injury

Even in a slow-speed auto collision, it is possible for a victim to sustain an injury. Regardless of whether the accident was minor or major, the force of impact may contribute to a soft tissue injury such as a concussion or whiplash. Immediately after an accident, the body will produce endorphins, which are a type of hormone that works to mask pain. Because of the endorphins, it is possible that symptoms of a person’s injury may not appear at the scene of the accident. However, soft tissue injuries to the head or neck can cause long-lasting effects if they are not properly addressed. 

Common Delayed Injury Symptoms

After a person’s endorphin levels decrease, he or she will become more aware of the injuries sustained. According to a study by the American Dental Association, whiplash can contribute to delayed temporomandibular joint (TMJ) pain. As many as 34 percent of the study participants developed delayed-onset TMJ pain after being involved in a car accident. Other delayed-onset symptoms include:

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Green Bay Car Crash Injury Lawyer

Even in the best weather conditions, car accidents can create emotional, physical, and financial strain. As autumn shifts into winter, the risk of motor vehicle crashes can increase. According to The Weather Channel, weather-related auto accidents cause more deaths than natural disasters each year, and the worst period of time for these types of crashes extends from late fall into early spring. Ice, heavy snow, and sleet can contribute to accidents, causing both personal injuries and vehicle damage. Although the weather in Wisconsin cannot be changed, drivers should follow these steps to reduce the probability of an auto accident:

1. Take Extra Care in Cold Weather

Traffic can make commutes stressful, but adding ice or snow to the mix can make the trip longer and more dangerous. Thick snow can limit a driver’s visibility, while ice can make it impossible to slow down and stop quickly. Black ice can be especially dangerous, increasing the risk of rear-end collisions or causing a driver to skid out of control and crash into another vehicle, object, or pedestrian. Drivers should reduce the risk of skidding by driving at a reduced speed and avoiding sudden turns. They should also avoid tailgating, since if they are following too closely, they will likely not have enough traction to stop in time if the vehicle in front slows down suddenly. 

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Green Bay auto accident attorney for burn injuries

If you are involved in a car accident, you may suffer a variety of serious injuries. Cuts, bruises, whiplash, traumatic brain injuries, or broken bones can cause you a great deal of pain and suffering, and they can have a long-term impact on your health and well-being. Burn injuries can also occur in an automobile crash, and in these cases, a skilled attorney can help you determine who was responsible for these injuries and work to recover compensation from all liable parties.

Causes of Car Accident Fires

According to the National Fire Incident Reporting System (NFIRS), more than 170,000 highway vehicle fires occur each year in the United States. Furthermore, the NFIRS has reported that:

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Appleton, WI drunk driving accident attorney

For drivers in the state of Wisconsin, it is illegal to operate a vehicle while under the influence of an intoxicating substance. A driver is considered “under the influence” if his or her ability to operate a motor vehicle is impaired. A person may face criminal charges of Operating While Intoxicated (OWI) if he or she is found to have a BAC (blood alcohol content) of .08% or higher while driving a vehicle. In 2015, the most recent year in which the Wisconsin Department of Transportation reported data related to drunk driving, there were 28,790 individuals arrested for OWI in the state, including 275 motorists under the age of 18. The prevalence of drunk driving can be scary to think about, and a car accident caused by an intoxicated driver can lead to serious injuries and wrongful death. If you or a loved one have been the victim of a drunk driving accident, you may be able to pursue financial compensation from the driver who negligently operated his or her vehicle while intoxicated.

Wisconsin OWI Conviction Statistics

Arrest data has shown us that 93% of the drivers convicted of OWI in 2015 were at least 21 years old. Looking further into the OWI conviction numbers for registered drivers, we find that:

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Appleton car accident lawyerIf you are involved in a car accident, your adrenaline may start to flow, and many different thoughts can go through your head. Fear and confusion may settle in, leaving you unsure about how to proceed. Regardless of who was at fault for the collision, panic can affect your judgment, leading to impulsive decisions being made. After a car crash ensues, there are certain mistakes that you should avoid in order to protect your rights:

Leaving the Scene

After being involved in any sort of car accident, all of the drivers should come together and discuss the situation. Whether it is a major accident or a minor bump, every driver should be checked on, injuries or damage should be documented, information should be exchanged, and a report should be made with law enforcement. Injuries may not make themselves known right away, and damage might not be noticed at first glance, so it is important to cover all of your bases.

Putting Yourself in Further Danger

After a collision, everyone involved should relocate to a safer area if possible. Moving to the side of the road or a nearby parking lot can allow each party to safely discuss the situation and document any damage without fear of being injured further.

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Green Bay, WI car accident lawyer weather conditionsAlthough car accidents are often sudden and unexpected, drivers should always take care and follow the proper safety precautions to avoid a collision. Property damage, personal injuries, and wrongful deaths can all result from a car crash. Weather conditions can often play a role in these cases, and a driver should pay close attention to visibility and reaction time when operating a motor vehicle in inclement weather such as heavy fog. Due to the density of fog and its prevalence early in the morning and late at night, it is commonly linked to car crashes. While navigating foggy roads, drivers should take care to avoid an accident by doing the following:

1. Do Not Tailgate

Fog can be very dense, making it nearly impossible to see through. With limited visibility, the likelihood of a rear-end collision or striking an unseen pedestrian or object may vastly increase. When driving in fog, drivers should leave plenty of space between themselves and the surrounding vehicles.   

2. Use a Vehicle’s Resources

Cars and trucks have built-in features that are designed to help a motorist safely operate their vehicle in a variety of conditions. Windshield wipers, defrosters, and low beam headlights can all assist with increasing one’s visibility when driving in foggy conditions. A common misbelief, however, is that high beam headlights can help a motorist navigate through fog more easily.  Although the use of high beam headlights may increase the distance in which a driver can see, it can also create reflections in the fog’s water molecules, further decreasing the driver's visibility. 

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Appleton personal injury lawyer for pre-existing conditions

Injuries can be sustained at any time, and they can require extensive amounts of rehabilitation before fully healing. Furthermore, injuries can remain dormant, not fully developing until a later period of time. When a person suffers a personal injury due to another person's negligence, he or she may seek compensation from the negligent party. However, situations in which a pre-existing injury has worsened due to an accident can be complex, and demonstrating the full impact of these types of injuries may be difficult. In these cases, it is essential to seek the help of an experienced personal injury attorney to ensure that all legal aspects of an injury are addressed.  

How Can an Injury Progress?

Accidents that involve a person with a pre-existing ailment could lead to a condition becoming significantly worse. Neck, back, or head injuries, broken bones, or other types of conditions could become aggravated by a subsequent injury. For example, an individual who previously hurt his or her back in a slip and fall accident may sustain additional back injuries after being the victim of a rear-end collision

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Green Bay, WI wrongful death lawyerWhenever a family member or loved one dies, the person’s survivors are likely to experience a great deal of emotional pain and sorrow. In order to get closure and try to move on from the difficult situation, friends and family members may try to understand the reasons behind the death. If there is justification to believe that negligence or improper acts led to the person being killed, the family members of the deceased may be able to pursue a wrongful death claim. If an unforeseen passing has struck someone close to you, discussing your legal options with an experienced attorney could provide insight into your situation.

Was the Death Wrongful?

Friends and family members may be looking to hold somebody responsible for their loved one’s death. However, every situation is different, and the circumstances behind a death must be closely examined to determine whether negligence played a role. For example, if a pedestrian was looking at his or her cell phone and did not obey traffic signals when crossing a street, and he or she died from being hit by a car, it may be determined that the driver was not at fault. The driver may be able to show that he or she was following the rules of the road and did everything in his or her power to prevent an accident.

Looking at a different scenario, what if negligence did occur, and the result was an innocent person being killed? For example, if a person was sending a text while driving, lost control of his or her car, and struck and killed a pedestrian on the sidewalk, the driver could be held responsible for his or her actions. The driver’s failure to pay attention to the road would likely be considered negligence, and he or she would be responsible for causing the death of the victim. 

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Appleton, WI auto accident lawyer seat belt use

Any automobile sold or operated in the state of Wisconsin must be equipped with proper working safety belts. All drivers and passengers above the age of four are required to wear seat belts when the vehicle is in use, and children under the age of four must be properly restrained in a child safety seat. Children over the age of four must use a booster seat until they are eight years old, over 80 pounds, or taller than 4’9”. Since a car crash can happen in the blink of an eye, seat belts are designed to reduce injuries and save lives. However, what if a person who was injured in a car accident was not wearing a seat belt? Can they still recover compensation from an at-fault driver?

What Is the Primary Enforcement Seat Belt Law?

Seat belt laws across the United States are divided into two categories: primary and secondary. 34 states, including Wisconsin, have enacted the primary option, which allows law enforcement to issue a ticket to the driver or passenger who is not wearing a seat belt, regardless of whether another traffic offense took place. For these offenders, the state of Wisconsin will issue a fine of $10, although there will be no points assigned to a person's record. 

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Green Bay auto accident lawyer for rear-end collision injuries

Throughout the United States, millions of people use cars and trucks every day as a means of transportation. For many of these drivers, time is of the essence, but it is critical for everyone to follow the established traffic laws and utilize safety precautions. Car accidents can happen in the blink of an eye, and even if a driver is taking measures to protect their own safety, the negligence of others can result in serious injuries and wrongful deaths

While rear-end collisions may seem less dangerous than other types of accidents, they can be just as deadly. In fact, in 2016, there were 2,350 reported fatalities in rear-end collisions. Although these accidents may seem to be easily avoidable, statistics indicate otherwise. A variety of reckless driving habits and other factors can play a role in causing a rear-end car accident, including:

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Appleton, WI personal injury lawyer for sporting event injuriesMillions of fans nationwide attend sporting events with the hopes of having a good time, creating memories, and the possibility of going home with a souvenir. A well-known tradition at any event is having the chance to take home a part of the game. At baseball games, foul balls, home runs, and other memorabilia can add an extra incentive for fans to attend the game in person; being shown catching a ball on TV or the jumbotron could be a life-changing experience for an enthusiastic fan. Furthermore, obtaining a piece of history could result in substantial financial gains. Unfortunately, the same events that can be so exciting could also lead to a personal injury, and a dedicated fan may be unsure of how to proceed if they are hurt while at this type of event.

How Injuries Can Occur

Depending on what type of game a fan is attending, different types of injuries could be sustained. One surprisingly common type of injury occurs when a person is struck by a foul ball at a baseball game. Baseballs can be hit with velocities upwards of 100 miles per hour, and with little to no reaction time, fans may be in serious danger from these projectiles. Some MLB teams have extended the protective netting in their stadiums to address the likelihood of a fan being hit by a foul ball. However, even with these nets in place, people in the stands are at risk of being injured by a ball or pieces of a broken bat.

There are a wide range of other potential Incidents that could occur when attending a sporting event. At hockey games, fans may be injured from players crashing into the glass which separates the spectators from the ice. NASCAR fans may be injured by debris from crashes that take place during a race. Fights and riots can take place due to passions running high, the consumption of alcohol, or other factors leading to aggression. Additionally, items thrown into the stands, such as t-shirts, could lead to fans being trampled or otherwise injured when trying to catch them.

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Appleton personal injury attorney for pedestrian accidents

Based on the statistics that have been reported, many common pedestrian acts, such as going for a walk or run, have become rather dangerous. Looking over trends from recent years, the Centers for Disease Control and Prevention (CDC) reported that roughly 129,000 pedestrians required treatment in emergency rooms for non-fatal crash-related injuries in 2015. The CDC has also reported that in 2016, 5,987 pedestrians died in traffic crashes. Additionally, the National Center for Health Statistics estimated that in 2017 there were 7,450 pedestrian deaths in traffic or non-traffic incidents. Pedestrian accidents can result in serious injuries, extensive medical costs, or wrongful death

In many cases, injuries to pedestrians occur due to negligence on the part of drivers of motor vehicles. To avoid being seriously injured in a collision with a car or truck, pedestrians can take these measures to try to stay safe:

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Green Bay, WI car accident attorney

Male or female, young or old, any person that has the misfortune of being involved in a car accident can sustain life-long injuries and ailments that can affect them moving forward. Each fender-bender can affect a victim in a variety of ways, and mental, emotional, physical, and financial damages can all develop from an auto accident. Due to the severity of these injuries, car crash incidents can leave victims in a great deal of pain and cause them to worry about their quality of life.

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Appleton personal injury lawyer social mediaUpdating statuses, posting pictures, and checking into locations online has become a focal point for people of all ages who love to share their experiences with friends, family members, or others in their social circle. For many people, constant connections with hundreds, if not thousands, of friends and followers is part of their daily lives. While having the ability to upload information almost instantly can seem like a great thing, many individuals do not consider the ramifications that could result. Sharing information on topics such as personal injuries could drastically harm any ongoing or upcoming lawsuits. In an era of technology and communication, sometimes it is best to remain quiet.     

Avoid Posting Anything After the Incident

When a person suffers an extensive injury or is involved in a serious car accident, not being able to share information about the event with others may seem difficult. However, when a post is made available online or a picture is uploaded, this could have significant negative effects on a legal case.

Helpful Tips for Social Media

Social media has become a source for instant gratification, and users will commonly share their thoughts or feelings “in the moment” without considering the potential effects of these posts. Sending a tweet or posting a comment has become a reflexive impulse for many individuals today. Some general practices to consider when using social media while in the midst of a personal injury claim include:

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Green Bay, WI car accident injury lawyer road rageDriving can be a stressful experience for any motorist that is dealing with traffic jams, incompetent drivers, and the looming fear of car crashes. An automobile is intended to be a form of transportation that results in a quicker, easier commute. However, when people are subjected to stress while operating a vehicle, rage and anger can fester. Road rage can lead to car accidents, serious injuries, and wrongful deaths. Drivers or passengers who have been injured in a collision in which road rage was a factor should be sure to understand their legal options for recovering compensation for their damages. 

Why Are Drivers Angry?

Aggressive drivers often take unsafe actions when behind the wheel, such as excessive speeding, reckless driving, and other types of traffic violations. Those who experience road rage often escalate their levels of aggression, which can lead to even more dangerous collisions. Road rage is typically an impulse reaction that happens in the moment, rather than a premeditated act that the driver planned. Outside factors such as stress at work, relationship issues, financial problems, lack of sleep, and drug or alcohol use could all play a role in a driver’s aggressive and dangerous behavior. 

A Further Look into Road Rage

The American Automobile Association’s Foundation for Traffic Safety has reported that nearly 80% of people surveyed stated that they have experienced some form of road rage at least once. Looking further into the study reveals some other striking statistics:

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Green Bay drunk driving accident injury lawyerOperating a motor vehicle requires a great deal of attention and focus, and drivers are tasked with protecting themselves and others from harm every time they get behind the wheel. Failure to take the proper care when driving can result in car accidents that may injure other drivers or pedestrians. Distracted driving is one of the most common forms of driver negligence that can lead to a collision, and those who have been injured by a driver who was not paying attention to the road should be sure to understand their legal options for recovering compensation for their damages.

Types of Driver Distractions 

Because driving is a commonplace activity for many people, it can be easy for a driver to take some of their attention off the road and focus on something else. However, while “multitasking”  is a skill that can be useful in many aspects of life, it should not be utilized when driving a vehicle. Distractions when behind the wheel can be very dangerous, and they can include one or more of the following:

  • Visual Distractions involving taking one’s eyes off of the road. Examples include talking, texting, playing games, or taking pictures on a cell phone, using a GPS navigation system, looking at passengers in the vehicle, focusing on changing settings on the car’s radio, or fixating on a sight outside the window. 
  • Manual Distractions refer to not having both hands on the wheel in a driving position. Cell phone or radio usage often involves this type of distraction, and smoking, drinking, eating, applying makeup, or any other manual activity can also result in a driver not being in full control of their vehicle.  
  • Cognitive distractions involve a driver not concentrating fully on the act of driving. Instead of focusing on the road, other vehicles, or following traffic laws, a driver may be paying attention to other thoughts or actions. Singing, focusing on a conversation or text message, or even reading a book or magazine could all be forms of cognitive distractions.

Cell phone usage is one of the leading causes of driver distractions. The use of a phone or a similar electronic device often involves all three categories of distraction. While there are laws in place to deter drivers from being distracted by phones or other devices, many people continue to take their attention off the road to make calls, send text messages, or perform other activities. It has been reported that in 2017, 3,166 people were killed in traffic accidents caused by distracted driving. This number does not include hit-and-runs, accidents with inconclusive evidence, and unreported cases, so the actual number could be much higher. 

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Green Bay drunk driving accident injury lawyerDriving while under the influence of alcohol or drugs is one of the most dangerous activities any motorist can involve themselves in. Accidents that transpire from drunk driving can result in severe injuries or death. In fact, drunk driving is one of the leading causes of death in car accidents throughout the United States. Anyone who has been involved in a drunk driving accident should seek legal help from an attorney who can help them understand their options for recovering compensation for their damages. As a motorist and member of your community, you can also take steps to help prevent drunk driving wherever possible. 

Responding to a Drunk Driver

As a bystander, pedestrian, passenger, or fellow motorist, you can help keep yourself and others safe by identifying people who are driving under the influence of alcohol. Common signs such as swerving, making improper turns, not obeying traffic laws, and poor braking procedures are all indicators that a driver is inebriated. If you happen to come across any of these behaviors, reporting the driver to the police could save an innocent life.

Best Practices for Preventing Drunk Driving

Having a night out on the town with some friends, attending an event, celebrating a special occasion, or going out on a date are all common reasons why people consume alcohol. For people under the age of 21, Wisconsin’s “zero tolerance” law makes it illegal for a minor to drive after drinking any amount of alcohol. For adults 21 and over, the legal limit for BAC (blood alcohol content) while driving is 0.08%. While the threat of being arrested for OWI (operating while intoxicated) may discourage drunk driving, the responsibility to operate a vehicle safely falls on the motorist. The following tips can help avoid the possibility of someone being injured in a car accident by a drunk driver:

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Appleton, WI motorcycle passenger injury lawyerMotorcyclists can be seriously injured in a collision with another vehicle or in a single-vehicle accident. The lack of protection afforded to a cyclist means that even what may seem like a minor crash can result in severe bodily harm. However, in addition to the cyclist themselves, a passenger can also be seriously injured in a motorcycle accident, and due to their lack of control of the situation, these injuries may be even more devastating.

The harm that can come to motorcycle passengers is far from theoretical; two recent incidents demonstrate the potential injuries that can occur. On July 22, 2019, a 61-year-old woman was killed while riding as a passenger on a motorcycle that collided with another vehicle in Ozaukee County, and on August 24, a 40-year-old man and a 39-year-old woman riding on a motorcycle were both seriously injured when the driver lost control and crashed.

Liability for Motorcycle Accidents

When determining how to receive financial compensation for injuries experienced in a motorcycle accident, a passenger will need to determine who was at fault. Liable parties may include:

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Green Bay marijuana car accident attorneyThe legalization of marijuana has been a hot topic in recent years, and a large number of states throughout the country have approved the drug for medicinal or recreational use. While marijuana remains illegal in Wisconsin, it was recently legalized in the neighboring states of Illinois and Michigan. Because of this, Wisconsin’s roads may see more drivers who are under the influence of marijuana, which may increase the likelihood of dangerous car accidents

Studies Show Link Between Legal Marijuana and Car Accidents

In response to the recent trend in marijuana legalization throughout the United States, researchers have performed studies to determine whether this has affected roadway safety. One study looked at crash data in Washington, Oregon, and Colorado, where marijuana has been approved for recreational use, and it found that the number of car accidents was around 6% higher than in neighboring states. Another study looked at hospital records and found that Colorado had seen a 10% increase in injuries from car accidents following the legalization of marijuana. 

The Dangers of Driving While High

While the dangers of drunk driving are well-known, fewer people are aware of the effects that marijuana can have on a person’s ability to safely operate a motor vehicle. In fact, cannabis can seriously impair a driver in a variety of ways. A person’s sensory perception is likely to be affected, making it more difficult to notice road conditions, other vehicles, or pedestrians around them. Drivers may also experience a slowing of cognitive functions, causing them to be unable to react in time to avoid a collision. Marijuana also affects coordination, and drivers are more likely to weave within or across lanes or follow other vehicles too closely. Impairment increases significantly when marijuana is combined with alcohol.

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Appleton, WI ATV injury attorneyThe state of Wisconsin is full of beautiful terrain, and many people enjoy spending time in the great outdoors. One popular way to experience the state’s parks and nature trails is by riding all-terrain vehicles, or ATVs. However, drivers and passengers of these vehicles can suffer serious injuries when accidents occur. Those who have been involved in an ATV accident should consult with an attorney to determine their options for receiving compensation.

ATV Accident Statistics

According to the Wisconsin Department of Natural Resources (DNR), there are 396,611 all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) registered in the state. ATVs, or “four wheelers,” are smaller vehicles that are usually operated by a single driver, while UTVs are larger vehicles that may include multiple seats, a roll cage, and seat belts. ATVs are more maneuverable and are often used for high-speed off-road travel, while UTVs provide more safety and allow for the transportation of passengers and cargo. However, serious accidents and injuries can occur with either type of vehicle.

The DNR reports that in 2018, there were 125 accidents involving ATVs, and these resulted in 120 injuries and 14 deaths. For UTVs, there were 36 accidents reported, resulting in 34 injuries and 12 deaths. In addition, the DNR has reported that as of August of 2019, there have been 15 fatal accidents involving ATVs or UTVs.

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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
(920) 468-7366
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105 East Waupaca Street
New London, WI
54961-1227
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510 North Koeller Street
Oshkosh, WI
54902
(920) 385-0616
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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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