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Dramatic Increase in Wisconsin Traffic Fatalities in February By: Attorney Philip J. Dahlberg
34 people died due to traffic crashes in Wisconsin last month[i]. That marks an increase of nearly 50% compared to February 2011. Wisconsin Department of Transportation officials indicate there are many reasons for this increase. However, a significant factor leading to the increase is that the driver and passengers were wearing their seatbelts. That condition has led to several of the accident involving multiple fatalities. "The best protection against being ejected from a vehicle during a crash or thrown around violently inside it and possibly hitting another vehicle occupant with massive force is to always wear safety belts," said State Patrol Major Sandra Huxtable, director of the WisDOT Bureau of Transportation Safety. Unfortunately, many vehicle occupants ignore the seat belt law. "On average, during the last three years, there have been more than 100,000 convictions in Wisconsin for failure to wear safety belts."
Unfortunately, in my practice, I see many auto accident related injuries or deaths that could have been avoided, and it surprises me to hear that people still don't buckle up. However, we cannot overlook that careless driving is the real cause of these crashes. Cell phone use while driving has become an epidemic in this country and leads to thousands of deaths each year. Driving too fast for road conditions (especially in Wisconsin winters) is also a major cause of injury or fatal crashes. I agree the best way a person can protect themselves against careless drivers is to wear a seatbelt. However, the best way for a driver to prevent serious accidents is to eliminate dangerous distractions while driving and always understand their surroundings.
Wisconsin law protects victims that have been injured or lost a loved one in a car crash. I've dedicated my practice to helping people that have either been seriously injured or lost a loved one as a result of another's carelessness. More often than not, these claims arise out of car crashes. The seat belt issue raises an interesting topic in these cases because people often believe they do not have a claim if they were not wearing a seatbelt, even if the crash was not their fault. That is not true despite what insurance companies may want you to believe. Wisconsin law holds the careless driver or "negligent tortfeasor" responsible for any damages he or she caused in a car crash. In the event the victim was not wearing a seatbelt, Wisconsin law allows a jury to assess up to 15% contributory or "passive" negligence to the victim, which in turn reduces any recovery that person may be entitled to by that percentage. Needless to say, these claims can get extremely complicated and anyone seeking damages for a serious injury or lost loved one resulting from a traffic crash should understand their rights. Remember, insurance companies are NOT on your side in these cases and the best way to level the playing field is to hire an experienced and qualified attorney that specializes in these matters.
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