Elkhorn Wisconsin Legal Blog

Society's reliance on motor vehicles can be seen all around us. In Wisconsin and other states across the nation, the roads are filled with various types of vehicles. Motorists and occupants are travel to various destinations for a wide variety of reasons; however, one thing will always remain. Drivers are required to follow the rules of the road and drive safely. Failure to comply with this or uphold this duty could easily be the cause of a serious or fatal automobile accident.

Although the dangers and risks on the roadways are apparent, motorists do not often think about the possibility of being involved in a motor vehicle crash. Unfortunately, negligent, distracted, drowsy and intoxicated drivers get behind the wheel. This places many lives in danger.

We see distracted drivers on the road all the time, even though distracted driving is extremely dangerous. We see them looking down at a phone, turning and reaching in the backseat, or steering with their legs while they hold food or grooming supplies in their hands. 

Even though distraction is so prevalent, it can still be a challenge to prove that a driver was distracted in the aftermath of a serious accident. Often, these crashes happen in the blink of an eye; many victims never see the accident coming, so it can be difficult to prove that a driver was not paying attention. That said, it is not impossible.

A national transportation research group recently expressed concern over the number of drivers older than 65 years who are involved in crashes in Wisconsin. According to a study, there are fewer older drivers in Wisconsin compared to the rest of the country; however, the fatality rate is significantly higher than most other states. The researchers noted that this does not necessarily indicate that older drivers are bad drivers, but frailty can make the victim of a car accident more likely to suffer severe or fatal injuries.

Many people between 65 and 70 years old remain active in their communities, and they should not be discouraged to stay mobile. The safety director for the Wisconsin Department of Transportation says most older drivers comply with seat belt rules, and they avoid speeding and drunk driving. However, he underscores the importance of recognizing the signs of deteriorating eyesight, reaction times, muscle dexterity and compromised health. Medication can also affect a driver's alertness behind the wheel.

Learning that one needs surgery is enough to cause anxiety for anyone. The reason for this trepidation might be the frequency of reports that appear in the media about medical malpractice in Wisconsin and elsewhere. One such a claim was recently filed in a civil court in another state. It followed a surgery that brought about adverse health consequences that affected the lives of the patient and his wife.

The lawsuit was filed by the couple against a medical facility in another state at which the man underwent surgery in May 2016. According to court documents, the plaintiffs allege that negligent practices left the man with nerve damage that was caused by spinal cord infarction. This is a stroke that can be caused by the closing of major arteries that supply blood to the spinal cord.