When your future
is at stake.®

Call Today for a Consultation

920-739-7366

800 North Lynndale Drive, Appleton, WI 54914-3017

Subscribe to this list via RSS Blog posts tagged in distracted driver

Green Bay, WI distracted driver liability attorneyDistracted driving poses a great threat to users of American roadways, especially with the prevalent use of cell phones and other mobile devices. The National Highway Traffic Safety Administration reported that in 2018, distracted driving was involved in almost 3,000 fatalities throughout the United States, but due to the challenge of identifying distracted driving, the actual number could be significantly higher. In an effort to decrease the number of car accidents, injuries, and fatalities, Wisconsin has enacted a number of state laws aimed at deterring dangerous distracted driving behavior.

Wisconsin Distracted Driving Laws

The State of Wisconsin recognizes that distracted driving is not limited to cell phone use, but rather includes any behavior that can interfere with attentive driving, such as reading, eating, personal grooming, or interacting with a passenger. Specifically, Wisconsin law prohibits:

  • Any driver from engaging in an activity that detracts from the safe operation of a vehicle. This broad statement accounts for a variety of behaviors that a police officer may detect.
  • Any driver from typing or sending by hand a text message or e-mail, with few exceptions.
  • Any driver with a probationary license or learner’s permit from using a mobile phone in any way, except to report an emergency.
  • Any driver of a commercial motor vehicle from operating a mobile phone by hand.
  • Any driver from using a mobile phone in any way, except to report an emergency, in a construction or work zone.
  • Any driver from viewing video communication or entertainment on a mobile phone or another electronic device.

As recently as the fall of 2019, Wisconsin lawmakers have introduced legislation that would prohibit handheld mobile phone use for all drivers except for in an emergency, though no such law has yet been passed. It is also important to note that any form of distracted driving can be considered negligence because it endangers other drivers, and if a distracted driver causes an accident resulting in injuries or fatalities, the affected parties can pursue a personal injury claim against the negligent driver in civil court. In cases involving death, the distracted driver may also face charges of homicide by negligent use of a vehicle.

...

Wisconsin distracted driving accident lawyerTraffic deaths have increased sharply, drastically, and quickly over the past half-century. Much of the increase can be traced back to cell phone use behind the wheel. Even more concerning is that the rate continues to rise, despite the numerous campaigns, laws, and initiatives. The problem is not that drivers fail to recognize the risk. In fact, studies reveal that most drivers do know that cell phone use is unsafe. The problem is finding a way to actually deter and disconnect them from their devices. California believes they may have the answer, and if you drive in California, traffic laws in that state apply to you.

No Phones Allowed

While most states (46) have provisions in place that prohibit texting while driving, only 14 have laws that explicitly ban the use of cellphones behind the wheel. California is taking it one step further. They are completely banning even touching or handling a cell phone while driving. You cannot check the time. You cannot pull up your map application. You cannot even hold it in your hand. Period. They hope that it will work to reduce their distracted driving problem. Unfortunately, only time will tell.

...

Green Bay wrongful death attorneysOf all the traffic accidents that occur, those that end in fatality are the most devastating. Sadly, a recent analysis on this year’s traffic accidents has found that these accidents are on the rise. Up by 9 percent in the first half of 2016 when compared to the same time period in 2015, this increase means that an estimated 2.2 million drivers were seriously injured and more than 19, 000 were killed. This leaves even more families at risk of losing a loved one. Understand your rights in these tragic situations.

Intoxicated Driver Accidents

Intoxicated driving (drunk and/or drugged driving) is not a new issue. In fact, it has probably been around since the advent of the car. Unfortunately, it is a growing problem – one that claims the lives of thousands per year. It is so prevalent that it claims the lives of at least 28 victims per day, or one person every 53 minutes. Crack downs throughout many states have occurred, but Wisconsin is one of the most lenient on drunk and drugged drivers. This means that many who are caught will, once again, drive intoxicated and put the lives of other road users at risk.

...

Wisconsin distracted driver accident attorneysThe use of cellphones while driving often dominate the distracted driving conversations, but according to a recent study, it is not the most dangerous behind the wheel activity. In fact, cell phone use behind the wheel, while still dangerous, only came in second place in the statistical analysis of the most common accident-causing distractions. The greatest risk, which accounted for more than half of all distracted driving accidents (57 percent), was conversations with passengers.

Why Passenger Conversations Are Dangerous

Communication is a complex, multi-layered human interaction. As such, there are multiple reasons that a passenger-driver conversation increases the risk of accident. Conversation often relies heavily on body language, so drivers often turn to look at the speaker, taking their eyes off the road. They are splitting their attention between the road and the conversation, and studies have shown that the brain is not quite as good at multitasking as most people think, so they are less apt to notice potential risks ahead. Emotional conversations can make driving difficult, and unexpected news can further pull the driver into the conversation. All of these reasons, and more, put drivers and passengers at risk.

...

Appleton personal injury attorney, distracted driver monthMost people are aware of the risks of distracted driving; they hear about them on the radio, on television, and even while on hold with their cell phone company. Yet far too many drivers ignore the dangers. In fact, according to the Centers for Disease Control and Prevention (CDC), more than eight people are killed in crashes involving a distracted driver, and another 1, 161 are injured.

In hopes of building even better awareness, the National Safety Council (NSC) has declared April Distracted Driving Awareness Month. This year, the NSC is focused on reminding drivers that, even at a stoplight, even when using apps or technology that can dictate calls, texts, or emails, cell phone usage while driving is never, ever safe.

Understanding the Types of Distraction

...
Back to Top