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Fewer Jury Trials in the State of Wisconsin
August 31, 2010 | Filed under: State Law, Auto Accidents, Brain Injury, Dangerous Products, Insurance Disputes, Medical Malpractice
Whether it’s the debate over healthcare or a discussion of so-called tort reform, it’s frequently claimed that the number of cases being litigated is on the rise. The Wisconsin Association for Justice and it’s publication, “The Verdict,” has combed the statistics on civil filings in the State of Wisconsin, and the results of that analysis show a very different picture of litigation in Wisconsin.
According to “The Verdict,” personal injury case filings amount to just 2.2% of all civil filings. Excluding small claims, personal injury cases comprise just 5% of the total civil case filings in the state. Overall, the number of personal injury cases related to motor vehicle accidents decreased from 4744 in 2000 to 4059 in 2009.
The number of medical malpractice cases have also decreased. In 2000, 276 medical malpractice cases were filed, while in 2009 that number had dropped to 137. The number of jury trials in personal injury cases is also on the decline, with just 248 jury trials in 2009, compared with 403 jury trials in 2004.
As any trial lawyer knows, the surest way to fight back against unreasonable settlement offers from insurance companies in personal injury cases is to show a willingness to let juries decide cases. Given the decreasing number of filings and jury trials, it is all the more important for injured people to have an attorney experienced in actually trying cases to juries.
Source: “The Verdict,” Wisconsin Association for Justice, Summer 2010, Volume 33:3.
For the Safety of Yourself and Others, Now is the Time to Quit Texting While Driving
August 23, 2010 | Filed under: State Law, Auto Accidents
Recently Gov. Doyle signed into law 2009 Assembly Bill 496, http://www.legis.state.wi.us/2009/data/AB-496.pdf, which specifically prohibits electronic text messaging while driving (creating Wis. Stat. § 346.89(3)) and providing a penalty (creating Wis. Stat. § 346.95(11). Once the new law goes into effect on December 1st, 2010, law enforcement officers can ticket a driver solely for texting while driving. According to Gov. Doyle, “This bill is an important step to make our roads safer and save lives.”
This does not mean that electronic texting while driving is currently either legal or acceptable. Wisconsin law, Wis. Stat. § 346.89(1), already prohibits inattentive driving of a motor vehicle, which means that motor vehicle driver may not be so engaged or occupied as to interfere with the safe driving of the vehicle. Thus, law enforcement officers can already cite drivers for using of a cell phone.
According to an article in The New York Times, which cites a new study from the Virginia Tech Transportation Institute, when drivers texted their risk of collision risk was 23 times greater than when not texting. The risk increased because, in the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices. At typical highway speeds this amounted to enough time to cover more than the length of a football field. Given the recent studies and the increasing awareness regarding the risks posed by cell phone use while driving, there is no doubt that this sort of conduct is negligent. A driver who causes a serious accident may while texting faces a risk of punitive damages or criminal prosecution.