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When you have questions concerning a potential car accident case, Hupy and Abraham will have your answer. Review extensive FAQ page for auto wrecks.
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My car was struck by another vehicle in a Wisconsin parking lot. Who is at fault?
Most parking lots are private property and are designed with two types of lanes: "thoroughfare" lanes that connect directly with a public road or highway, and "feeder" lanes that connect, directly or not, with a thoroughfare lane. Unless otherwise signaled, the following rules apply:
- A driver in a feeder lane must yield to a driver in a thoroughfare lane;
- The vehicle maneuvering out of a parking space does not have the right of way and will be at fault if there is a crash with a vehicle riding in a lane;
- A vehicle striking a legally parked car will be held liable;
- Drivers who disregard posted signs or maneuver (backing up, U-turn) within lanes are at fault if there is a collision;
- Opening a car door, whether the car is properly parked or not, makes you liable for any collision caused by the open door.
Parking lots are breeding grounds for fender benders in Wisconsin. The most dangerous crashes in parking lots involve pedestrians, and especially children. Drivers and parents should use every possible precaution to avoid pedestrians and kids being run over.
If you have been hurt in a Wisconsin, Iowa, or Illinois car, truck or motorcycle accident, contact the attorneys of Hupy & Abraham today at 800-800-5676 for a free evaluation of your case, or send our lawyers an e-mail with your questions.
Can I change a statement I made at the time of my accident, which I now realize was inaccurate?
A recorded statement or one you agreed to in writing is always more difficult to discard than a verbal statement or one that was never signed by you.
It is however quite common for people right after a crash to declare things that prove to be premature, and inaccurate or plainly wrong. If the statement you made could hurt your case, you should consult with Hupy & Abraham to explain the case. As an experienced law firm focused on car accidents, we have countless examples of misstatements that should never have been made, and can be attributed to the emotional circumstances of the accident.
Whether it concerns your injuries, or what caused the accident, we may be able to have actual facts prevail over earlier statements.
One thing is sure: Never make a verbal, written or recorded statement to the other party or to an insurance adjuster before you have emotionally recovered and are certain that the statement will not hurt your case. Remember always that your fault should be proven by the other party, and doesn't have to be accepted by you. Remember also that both physical and mental injuries may appear or aggravate at a later stage, and material damage could be far more than originally estimated. In case of doubt, you should consult with Hupy & Abraham.
What should I do if my car breaks down on a busy roadway?
When something unusual happens while driving, like a flat tire, a fender bender or a mechanical failure, many drivers tend to rush to understand or check what the problem is. This type of first reaction can be very dangerous; your first concern should be your safety.
We recommend the following precautions when your car breaks down:
- Do not get out of the vehicle to repair or examine the damage on a busy highway or intersection. Switch on your hazard lights and move your vehicle to a safe place.
- If you can’t drive your vehicle, wait for help or call the police to direct the traffic.
- Once you have pulled over to the shoulder, place flares and a triangle to signal your stopped vehicle to oncoming traffic.
- Do not attempt to change a flat tire standing on the traffic side of your car. Move your vehicle to a safer place, even if you damage your tire in doing so.
If you have been hurt in a Wisconsin car accident, contact our office for advice and answers by calling toll free 800-800-5678 or filling out our online form.
Be sure to order our FREE DVD, "Secrets Insurance Companies Don't Want You to Know".
What if I wasn't wearing a seat belt at the time of my Wisconsin car accident?
If you were not wearing your seat belt at the time of your Wisconsin car accident, an insurance adjuster will probably blame you for your injuries to some extent. However, according to Wisconsin seat belt laws, 15% is the maximum percentage that can be reduced from your personal injury claim damages for not wearing a seat belt.
If you were not wearing a seat belt and you suffered serious injuries in a Milwaukee car accident, you should speak with a Milwaukee car accident lawyer for assistance in filing a car accident claim in Wisconsin. Your lawyer is well versed in Wisconsin seat belt laws and will help protect your legal rights throughout the claims process.
Even with the 15% reduction for not wearing your seat belt, you could still receive compensation for medical expenses, pain and suffering and lost wages if someone else's negligence caused your Milwaukee car accident.
Wisconsin Seat Belt Laws: Burden of Proof
It will be up to the negligent driver who caused the car accident to provide evidence indicating which of the injuries you sustained could have been prevented had you been wearing a seat belt. If the negligent driver can meet this burden of proof, you will face the 15% reduction in damages.
To protect your case, you should consult with a Milwaukee car accident lawyer before you speak with an insurance adjuster. By all means, do not admit fault or underestimate your injuries. The good news is that your car accident claim in Wisconsin will not be denied altogether if you were not wearing your seat belt.
In Wisconsin, who is at fault during a left hand turn accident with a motorcycle?
If the driver of a car or truck was making a left hand turn and you struck the side of the vehicle with your motorcycle, the driver is nearly always responsible. Wisconsin law requires that a motorist who plans on making a left hand turn yield to oncoming traffic.
Sometimes the rider can be found partially at fault, even though he or she had the right of way. This may occur if the motorcyclist was speeding or not attending to their driving. However, as personal injury attorneys specializing in motorcycle accidents and riders rights we have found that the vast majority of left hand turn accidents are caused by the driver.
Drivers must pay attention and look twice for motorcycles. However, in our world of ever increasing distraction while driving too many do not do so, posing a serious risk to motorists and riders alike. When a driver makes a left hand turn in front of a motorcycle there is little that the rider can do to avoid being hit or hitting the vehicle.
Drivers MUST pay more attention to the road and should be held at fault for these often injurious and deadly accidents.
If you need a Milwaukee attorney who is serious about defending your rights as a rider and getting you maximum compensation for your injuries contact Hupy & Abraham today. As personal injury attorneys and riders ourselves, we know what you are going though and have dedicated our careers to helping injured riders like you..
What traffic safety issues and violations cause the most accidents in Milwaukee?
Though there are a variety of driver behaviors that cause accidents in Milwaukee, Wis. and across the nation there are some that cause more accidents than others. The top accident causing behaviors, many of which violate the law, include:
- Distracted Driving
- Aggressive Driving
- Drunk or Impaired Driving
- Inexperienced Driving
This list does not include all of the causes of accidents, but it does represent the bulk of accidents we see in our law office. Our attorneys, like every driver and rider in the state, are concerned about the safety of our roads and the too frequent car and motorcycle accidents that occur on our streets.
If you have been injured during an accident with a distracted, aggressive or drunk driver, you are not alone. These drivers cause a disproportionate number of accidents. If you need help after your auto accident, please request your free copy of our book, The Ultimate Guide for Automobile Accident Victims.
What should I do after a car crash in Wisconsin?
A car accident in Wisconsin is not very different from a crash in any other state. Though the basic steps are the same, we do urge you to speak with a Wisconsin attorney who has experience in the state after seeking medical attention. Please read our checklist to ensure that you have followed the proper steps after your accident.
- Attempt to stay calm and survey the damage to your body. By assessing the injuries of those around you and yourself, you will be better able to help emergency personnel when they arrive on the scene.
- If you are able, be sure to file a police report. Even if the damage seems minor, a police report can protect you and be used if you choose to file suit against the other driver.
- DO NOT discuss the accident with anyone other than the police. If you talk about the crash to witnesses, the other driver or the insurance company, you may accidentally implicate yourself and be held responsible for the accident. This can occur even if you were NOT at fault. Others may twist your statements and hold you liable.
- If possible, write down every piece of information you can think of. Addresses, phone numbers, insurance information, names and numbers of witnesses, a description of the other car and its license plate number may all be crucial pieces of information. If you think it may be important, write it down.
- Call your insurance agent. Though we advise not speaking with the other driver's insurance company, it is important that you call your agent right away.
- As soon as you and your passengers are safe and have been treated for any injuries, please contact the experienced personal injury attorneys of Hupy and Abraham. An attorney will help you avoid mistakes with the insurance company and will ensure that you are compensated for any losses, property damage and medical expenses.