Wisconsin has a 10-month-long rainy season. Our state experiences the most rain in the summer, averaging about four inches between June and August. With so much rain, there is an increased chance of getting into a hydroplaning accident.

If you were injured in a hydroplaning accident, you may be wondering who could be held liable for your damages. The answer comes down to who acted negligently. Our auto accident attorney in Green Bay are prepared to thoroughly investigate the accident to determine who should pay the cost of your damages.

We offer a free consultation to determine what legal options may be available to you. If we validate your case, we do not charge you anything while we work with you. You only pay us when we recover compensation for you.

What is Hydroplaning?

Hydroplaning occurs when a vehicle’s tires lose traction due to too much water getting between the tire treads and the roadway. This can cause a driver to lose control of his or her vehicle, possibly resulting in a spin out.

Vehicles with two-wheel drive may be more at risk for hydroplaning, as there are fewer wheels to maintain a grip on a wet road. Due to heavy snow in the state, though, many drivers have vehicles with four-wheel drive or all-wheel drive.

Drivers whose vehicles begin to hydroplane may feel a sudden jerk as if their vehicle is floating or veering on its own. Hydroplaning could occur for just a moment or for longer, depending on how much water is on the road.

What Factors Contribute to Hydroplaning?

There are several factors that contribute to hydroplaning.

The first factor is speed. The faster a vehicle is traveling the more likely it is to hydroplane due to large amounts of water on the road. Generally, a vehicle is more likely to hydroplane while traveling over 45 mph.

Tire tread is another factor that will likely contribute to hydroplaning. If a vehicle has worn tires, it will lose traction more quickly than a vehicle with good tire tread. Underinflated tires may also have more difficulty maintaining traction on the road.

The depth of the water a vehicle is driving over also matters. If a vehicle drives over a shallow puddle, even at high speeds, there is a smaller chance of hydroplaning. However, a vehicle traveling at the average roadway speed limit of about 45 mph over a deep enough puddle has a significantly increased chance of hydroplaning.

While driving in heavy rain, or shortly after a heavy rainstorm, it is best to keep a safe following distance, slow down and focus on the road with both hands on the steering wheel. You should also keep an eye on how others are driving to avoid vehicles traveling at an unsafe speed.

How is Liability Determined for a Hydroplaning Accident?

Liability for a hydroplaning accident comes down to whose negligent actions resulted in an accident that injured you. Generally, fault for these crashes will fall on another driver if he or she was engaged in some form of reckless or negligent driving, such as:

• Speeding
• Driving too closely
• Distracted

A driver whose worn tires caused his or her vehicle to hydroplane and then crash into yours may also be liable because of poor vehicle maintenance. This is because drivers have a legal duty to keep their vehicles in safe operating condition, including ensuring their tire tread is not overworn or their tires are not underinflated.

While the driver of the vehicle that hydroplaned is usually at fault for a hydroplaning collision, there are some other parties who may be held liable:

• Vehicle owners – Sometimes drivers borrow vehicles from friends and family, or a parent owns the vehicle their child is driving. In these cases, the owner of the vehicle could be held liable for your damages caused by the driver borrowing the car. This is heavily fact dependent.
• Employers – If an employee causes a hydroplaning accident while on company time or in a company-owned vehicle, his or her employer could be held liable for your damages.

In some rare instances, a mechanic may be liable for a hydroplaning accident if he or she failed to change (or offer to change) worn tires.

To hold a party responsible, your attorney must be able to prove there was a negligent action that caused the crash and the injuries you suffered were a direct result of that negligence.

What Should I Do After a Hydroplaning Accident?

If you were involved in a hydroplaning accident, the first thing you need to do is call 9-1-1. This will send the police to conduct a preliminary investigation and get you the medical attention you need at the scene. Even if you do not think you are seriously hurt, it is a good idea to get a proper medical evaluation at the scene of the crash to determine if you need further medical treatment at the hospital.

While waiting for the police and ambulance to arrive, and if it is safe to do so, you should take photos of the damage to the vehicles involved in the crash. If you suspect hydroplaning, take photos of the weather conditions as well as what the road looks like. Is there a lot of water on the ground? Are there large puddles? Were those puddles easily avoided?

Next, you should get in contact with an attorney.

Call an Experienced Attorney Today

Our lawyers have decades of experience helping accident victims recover compensation for their medical bills, lost wages and other damages. We do not charge you anything up front or while we work on your case.

The consultation is also free and confidential. There is no risk to you.

Call (877) 888-5201 today to get started.

Some of the most dangerous types of accidents are head-on collisions. The injuries suffered in these types of accidents are often severe or even life-threatening.

If you were injured or lost a loved one in a head-on collision caused by another driver, you may be able to recover compensation through an insurance claim or by filing a lawsuit. Our Appleton-based car crash lawyers are prepared to help. The initial consultation is free, and there are no upfront fees.

Below, we discuss how head-on collisions occur, how to prove someone else is responsible for your injuries and what your legal options may be after the crash.

How Do Head-On Collisions Occur?

Generally, head-on collisions occur when a driver does one of the following:

• Drifts into oncoming traffic
• Drives on the wrong side of the road
• Unsafely passes other vehicles on a two-lane road

These types of accidents are generally caused by:

• Distracted drivers
• Drunk drivers
• Drowsy drivers
• Reckless drivers

When a driver takes his or her eyes off the road he or she could accidentally drift into a lane with oncoming traffic. Distracted drivers may also accidentally turn onto a one-way road and cause a wrong-way collision.

Driving while under the influence of alcohol, or while tired or fatigued, may also cause drivers to make these same mistakes.

Reckless drivers who improperly overtake vehicles on a two-lane road also increase the risk of a head-on collision. These types of roads have designated passing lanes so faster vehicles may pass slower ones. Sometimes drivers get impatient and try to pass when there is no passing lane.

What Type of Injuries May Result From a Head-On Collision?

The way head-on collisions occur is what makes these types of accidents so dangerous.

When the front ends of two vehicles collide, the individuals in each car may be violently whipped back and forth. The motion alone could result in injuries like whiplash or herniated discs. If the vehicle occupant’s head hits a hard surface, like the steering wheel, the person may experience a traumatic brain injury (TBI) or skull fractures.

Some other common injuries associated with head-on collisions include the following:

• Spinal cord injuries
• Internal damage
• Broken bones
• Chest trauma

If the collision occurs at high speed, like when one driver unsafely overtakes another on a divided highway, the results could be deadly.

Who is Liable for My Damages After a Head-On Collision?

Wisconsin is an at-fault state. This means the liability insurance of the driver who is at fault for the collision is financially liable for damages.

Fault for an accident comes down to which driver acted negligently and caused the crash that injured you.

Failing to pay attention to the road, falling asleep at the wheel or unsafely passing another vehicle are all considered acts of negligence. Driving while under the influence of alcohol or drugs is also negligent and there can be criminal implications to the driver’s actions.

Drivers who do any of these things and end up causing a crash would most likely be at fault for the collision. If you suffered damages in the accident, the liability insurance company of the at-fault driver should be financially responsible for your damages.

How Can I Prove Another Driver Caused a Head-On Crash?

To be able to hold another party accountable for your damages, you must prove he or she acted negligently. In a head-on collision, this could be difficult.

First, there must be an examination of the accident. The police officer who responds to the collision should conduct a preliminary investigation to determine what may have caused the crash.

In some instances, the officer may be able to easily establish that one vehicle was on the wrong side of the road. However, when one vehicle drifts into oncoming traffic, or a driver unsafely overtook another vehicle, the evidence may not be as obvious. These situations often require additional evidence to prove how the crash occurred.

Sometimes, there are witnesses who can corroborate one driver’s version of events. For example, the driver in another vehicle that saw the at-fault vehicle drift into oncoming traffic or improperly overtake another car.

Physical evidence like video footage from a traffic camera or dashboard camera may also be useful.

If there is little physical evidence to prove fault, your attorney may enlist help from an accident reconstruction expert who may be able to evaluate what evidence is available to determine the cause of the crash.

Can I File a Lawsuit After a Head-On Collision?

You may be able to file a lawsuit after a head-on collision. However, this may not necessarily be the first step after the accident.

Victims of head-on collisions, through their attorney,  should first file an insurance claim with the liability insurance of the at-fault driver. The insurance company will conduct its own investigation of the accident and they are likely to do one of two things about your claim:

1. Deny it
2. Make a lowball settlement offer

If the insurance company contacts you soon after the crash and offers to settle your claim, you should strongly consider declining their offer. The first offer is often far below the true value of your claim.

Contrary to what the insurance company wants you to believe, a lawyer can negotiate for more compensation after you reject the initial offer. Declining the first offer does not close out your claim. Instead, it opens the door to negotiating for full compensation that can cover the cost of all your damages.

Your lawyer may recommend filing a lawsuit if the insurance company refuses to negotiate or denies your claim.

What is the Average Settlement for a Head-On Collision?

Head-on crashes often cause catastrophic injuries. When these injuries occur, the average value of a settlement could be anywhere from tens to hundreds of thousands of dollars. Some victims may recover more than $1 million. The value of a case depends on the seriousness of the injuries and other factors, such as:

• How long your injuries are expected to affect you
• Insurance policy limits
• If the case is settled or goes to trial
• Your age
• Your employment history
• The strength of the evidence
• Experience of the attorney
• Pain and suffering
• How well you respond to treatment

We Are Ready to Help. Call Today

Our attorneys have decades of experience handling accident cases and negotiating with the insurance company. When the insurance company refuses to offer the compensation you need, our attorneys are ready to file a lawsuit on your behalf.

Do not let the insurance company lowball you. Call us today to schedule a free consultation. There are no fees while we work on your case.

Call (877) 888-5201 today.

The most common way to resolve an auto accident claim is to either reach a settlement agreement or take the case to court for a jury of non-legal experts to decide.

However, there are some other ways to resolve a claim. One of those is through the process of car accident arbitration. Below, we discuss how arbitration works as well as the pros and cons of it.

If you have any questions about your legal options after a Wisconsin car accident, call our Green Bay car accident attorneys today. The consultation is free and there are no upfront fees.

No hourly fees. No risks. Call (877) 888-5201 today.

What is Arbitration for a Car Accident?

Arbitration is a private process where two parties disputing an issue agree that a third, uninvolved party can determine the outcome of the dispute after hearing arguments from each side.

What makes arbitration different from a jury trial is that the arbitrator is usually someone with legal knowledge. For example, many retired judges or attorneys are used as arbitrators for disputes. In a jury trial, the jury members are chosen at random, and many times do not have any legal knowledge.

Car Accident Arbitration Process

The process of arbitration begins very much like the process of a court case. There is a discovery phase where each side provides information that is relevant to the case. Then there is an opportunity for the crash victim’s attorney and the liable insurance company to make an argument to convince the arbitrator of their claim. After each side states its case, the arbitrator deliberates, as a jury would, with all the facts and reaches a conclusion.

How is Arbitration Different From Mediation?

While arbitration and jury trials share some similarities in their processes, arbitration and mediation are vastly different.

During mediation, the two parties work with an objective third party who can help the disputing parties reach a favorable conclusion for each side. The mediator does not have the power to determine the outcome of a case. Whereas in arbitration, the arbitrator’s goal is to determine the outcome of the case.

Is Arbitration Binding?

There are two types of arbitration, binding and non-binding.

When arbitration is binding, it means the decision made by the arbitrator is final and cannot be contested. If arbitration is non-binding, then the losing party may be able to file a lawsuit for a chance to get a more favorable decision from a jury.

Generally, if both parties agreed to arbitration before a dispute arose, the process is binding. However, if both parties decide to settle a claim through the process of arbitration after a claim is made, both sides must decide whether the process will be binding or non-binding.

Is Arbitration Mandatory?

Arbitration can be mandatory in some instances. For example, if you signed an agreement with the liable party, there may be a clause in the contract that forces you into arbitration.

Generally, policy agreements with your own insurance company have an arbitration clause. Therefore, if you file a first-party claim, such as an Uninsured/Underinsured Motorist (UM) claim, you may be required to settle the case through arbitration.

Rideshare companies like Uber and Lyft also have arbitration clauses that may force you into arbitration if you file a claim with the rideshare company’s insurance.

What Are the Pros and Cons of Arbitration?

There are advantages and disadvantages to arbitration, much like insurance settlements or jury trials.

How Long Does Arbitration Take for a Car Accident?

For some cases, arbitration may be a more efficient way of settling a claim. However, there may also be some drawbacks.

Arbitration may be more cost-effective than going to court, as a jury trial entails court fees and other costs. The process of arbitration may also be quicker than a court case, as there are fewer moving parts. For example, in a court case, there must be an available judge, a jury must be seated and a courtroom available.

Arbitrators Know the Law

An arbitrator may have more knowledge of the law, so his or her decision may be more predictable than that of a jury of non-legal minds. This could be both a pro and a con, as some cases with questionable liability may benefit from a jury of individuals who are more likely to empathize with an accident victim.

Minimum/Maximum Settlement Agreement

Another point to keep in mind about arbitration is that each side may agree on a minimum and maximum settlement payout. In some instances, the arbitrator may not award you a settlement that covers the full cost of your damages. If the arbitration is binding, you may not be able to appeal the decision.

Privacy

Arbitration is also usually less formal and more private than a courtroom. Some accident victims may prefer more confidentiality about their claim.

Can I Still Negotiate a Settlement While My Case is Being Arbitrated?

If you decide to resolve your claim through arbitration, you can continue negotiating a settlement with the liable party.

Going through the process of arbitration should not affect how you negotiate with the insurance company.

Need Help With Your Claim? Call Us Today

If you are unsure about the legal process of pursuing compensation for your damages after an accident, let our knowledgeable attorneys help you.

We offer a free and confidential consultation. We also do not charge any hourly fees. Our attorneys work on contingency, which means we do not get paid unless we recover compensation for you.

Call (877) 888-5201 to schedule a free consultation today.

In the winter, black ice can form on roadways, creating an invisible hazard for drivers. At certain speeds, driving through black ice can be deadly.

If you suffered an injury or lost a loved one after colliding with a vehicle that slid on black ice, you have the right to pursue compensation. Call our Green Bay auto accident attorney today to discuss your claim. The consultation is free, and there are no upfront fees for our services.

Below, we discuss how fault for black ice accidents is determined and what parties may be financially responsible for your damages.

How is Fault for a Black Ice Accident Assessed?

Negligence is the basis for most car accident claims. If negligence occurred, the victim may be owed compensation for damages. The victim must establish another party’s negligent actions caused an accident that directly resulted in his or her damages.

Black ice is a naturally occurring hazard. This could make it easier for the liable party to deny fault. However, the central issues in a compensation claim are the actions of the individual and how those actions affected you.

As a driver, you are owed a duty of care by those who share or maintain the road. Breaching that duty is generally considered a negligent action. Some examples of negligent actions that could prove fault for an accident include the following:

• Speeding
• Distracted driving
• Following too closely
• Inattentive driving
• Not having the right kind of tires
• General failure to control vehicle

What Parties May Be Liable for My Damages After a Black Ice Accident?

Drivers are usually the liable parties for black ice accidents. As a driver, you owe others who share the road a legal duty to take reasonable precautions behind the wheel to avoid an accident. This means that a driver who speeds, follows other cars too close or breaks traffic laws is most likely financially liable for your damages.

A driver may also be liable for damages if he or she did not maintain his or her vehicle properly. For example, if the vehicle’s tires are underinflated. Low tire pressure makes it more difficult for a vehicle to stop, even when pumping the brakes. Worn tire tread could also play a role in a vehicle losing traction on black ice.

Inaction is also something that could make a driver liable for your damages in a black ice accident. For example, if the driver fails to take the necessary steps to help his or her vehicle regain traction, such as pumping the brakes or steering into the skid. Even a driver who is unaware of how to help the vehicle regain traction may be liable, as ignorance does not excuse negligence.

What Types of Accidents May Occur Due to Black Ice?

Black ice is an invisible hazard that can form on almost any road. However, it is typically more common in areas where the temperature is cooler as too much sunlight can keep the ground warm enough to prevent the formation of ice. Black ice often forms in the following areas:

• Bridges
• Overpasses
• Roads beneath an overpass

These areas usually have higher speed limits since they are often on highways and interstates. The faster vehicles are traveling, the easier it is for their tires to lose traction when they hit ice. When this happens, the following types of collisions are more common than others:

• Rear-end – These crashes can happen because black ice can make it more difficult to come to a full stop.
• Sideswipe – Drivers may try to steer into the skid to regain control of their vehicle and end up in another vehicle’s lane.
• Head-on – If a driver loses control, he or she could end up on the wrong side of the road in the path of oncoming traffic.

It is common for black ice to also cause multi-vehicle pile-ups, which can cause significant damage.

What Types of Injuries May Occur Due to Black Ice?

The severity of injuries from a black ice accident can range from minor to severe. It just depends on the type of accident and the force of the impact.

Some of the most common types of black ice accident injuries may include the following:

• Back injuries
• Neck injuries
• Head injuries
• Broken bones
• Penetrating injuries

Black ice accidents can also cause fatal injuries – even with immediate treatment brain injuries or internal injuries could lead to death.

What Are My Options When Pursuing Compensation After a Black Ice Accident?

If you were injured or lost a loved one in a black ice accident, you have the right to pursue compensation from the liable party.

In cases when another driver is liable for your damages, you can file a claim against his or her liability insurance to recover compensation for your medical bills, lost wages and other damages. If the other driver was not insured or was underinsured, your own insurance coverage may be applicable to cover your damages.

Schedule a Free Consultation. Call Us Today

Our attorneys have decades of experience handling accident cases and have helped numerous clients recover the compensation they need.

Let us handle the legal process on your behalf while you focus on recovering from your injuries. There are no hourly fees for our services. We work on a contingency basis, meaning we only get paid if you do.

The consultation is free and confidential, and there is no obligation to take legal action.

Call (877) 888-5201 today.

If you are filing for Social Security Disability (SSD) benefits, and you have dependents, you may be wondering whether those individuals also qualify for benefits. The answer is yes, but it is important to understand some of the rules surrounding SSD and dependents.

You can file your application and the application for your dependents at the same time or file each application individually. Let our Appleton-based Social Security Disability lawyers help you through the process. We offer a free consultation to discuss your claim, and there are no hourly fees if you choose to work with us. We only receive payment if you are approved for benefits.

Call (877) 888-5201 today.

What Dependents Qualify for SSDI Benefits?

Your dependents may be eligible for up to 50 percent of your SSD benefits. These benefits are also known as auxiliary benefits. The Social Security Administration (SSA) outlines who qualifies as a dependent.

Spouse

Your spouse can also claim SSD benefits so long as he or she meets at least one of the following criteria:

• Is 62 years old or older
• Is caring for your minor child who is younger than 16
• Is caring for an adult child who became disabled before the age 22

For your spouse to receive SSD benefits as well, he or she must not be receiving a Social Security retirement or disability benefit of his or her own that exceeds the spousal benefit from your SSD. The SSA refers to eligibility for multiple types of benefits as “dual entitlement” and will only pay the higher of the two benefits.

Divorced Spouse

If you are divorced and seeking SSD benefits, your former spouse may also be eligible for benefits only if the following criteria are met:

• He or she is 62 years old or older and has not remarried
• The marriage lasted at least 10 years

If your former spouse remarries, he or she will no longer be eligible for your SSD benefits.

Children

If you have children who depend on you, they may also be eligible for an SSD check. To receive benefits, the child must be:

• Your biological child
• Adopted child
• Stepchild

Grandchildren may also qualify as dependents only if you have custody of said child. If you have a step grandchild, then his or her parents must both be deceased, and you must have adopted the child.

Benefits for a child do not depend on the marriage status of his or her parents. If you were not married to your child’s second parent, then you must prove parentage for your child to qualify for benefits.

Other requirements for your child to be able to receive benefits include:

• Being unmarried
• Being younger than 18, or
• Being a full-time high school student who is younger than 19

Full-time college students who are older than 18 do not qualify for benefits. If your child marries before the age of 18, his or her benefits will also stop.

If you care for a disabled adult child who is unmarried and became disabled before the age of 22, he or she may also qualify for benefits.

Is There a Maximum Family Payout for SSD Benefits?

There is a limit to how much a single family may receive in SSD benefits.

According to the SSA, the maximum family payout varies, depending on benefit amounts and the number of qualifying members. Generally, families may not receive more than 150 to 180 percent of disability payments to a single person.

This means that if you have three children and a spouse who qualify as dependents, each of their allotted benefits will be reduced to fit into that 150 to 180 percent limit.

Any payments for SSD benefits made to your former spouse will not affect the benefits you and your current dependents receive.

Will My Dependents Also Receive Backpay if I am Approved for Benefits?

Once you and your dependents are approved for SSD benefits, you all qualify for backpay. This means that any months you were waiting to qualify for benefits should be paid to you in one lump sum.

If you were approved for benefits before your dependents, then the months you spent waiting for approval may also be paid in one lump sum to your dependents. For example, if you were approved in January, but your child or spouse did not get approved until March, you should receive a lump sum for the months of January, February and March of that same year.

Have More Questions? Call Us Today

If you are applying for SSD benefits, your dependents may also qualify. Call our knowledgeable attorneys today to help you through the process.

We offer a free consultation, and there are no upfront fees for our services.

Call (877) 888-5201 today.

When someone is injured in an accident, he or she has the right to pursue compensation for damages suffered. To successfully recover compensation, the victim must prove his or her damages are a direct result of another party’s negligent actions. In other words, the victim must establish a causal link between the act and the damages.

Proving causation is one of the hardest parts of an injury case, so it is important to have someone with legal knowledge on your side. Our Oshkosh personal injury lawyers are prepared to help you prove causation to recover the compensation you need.

We offer a free consultation, and there are no upfront fees for our services.

Call (877) 888-5201 today.

What is Causation?

Causation is one of the four elements of a personal injury case. The others being duty of care, breach of duty and damages suffered. The causal link between breach of duty and damages suffered is the key to winning a case and recovering compensation.

A common scenario where causation is required to be proven is a car accident. For example, had another driver not run a red light, he or she would not have collided with the accident victim’s vehicle, resulting in injuries to one or more parties.

Why Does Proving Causation Matter?

Some people argue that causation is the most important element of an accident claim. If you cannot prove the causal link between the negligent party’s actions and your damages, then there is no case.

That is why the insurance company usually tries to blame your injuries on something else. They may also try to dismiss your injuries altogether because then there are no damages to link their insured’s negligent actions to.

What Evidence May Help Prove Causation?

Our experienced attorneys know the type of evidence necessary to prove causation in an injury case.

Physical Evidence

Things like surveillance or dashcam videos that show the lead-up to the accident may help establish whether a party’s negligent actions resulted in your damages.

For example, surveillance video footage from inside a grocery store that shows an employee failing to clean up a spill where a customer later slipped and fell, resulting in a broken hip.

Medical Evidence

Your medical records may also serve as evidence to prove causation. However, it is important that you seek medical treatment right away so you may successfully link your injuries to the accident. If you fail to do this, you give the insurance company ammunition to claim your injuries were caused by something else and not the accident in question.

Witness Testimony

In addition to physical and medical evidence, witness testimony may also help strengthen your claim. Testimony from an expert witness, such as an accident reconstructionist or a medical professional, may be the most useful.

The accident reconstructionist may be able to recreate the accident and determine what may have happened. His or her testimony in combination with the testimony of a doctor about the injuries that may occur in a specific accident may help establish the direct link between the accident and your injuries.

How Does a Preexisting Condition Affect Causation?

A preexisting condition can impact causation in a personal injury case. The insurance company will try and argue that you already had the injuries and therefore they are not liable.

If you have a preexisting condition, you can still recover compensation. If your old injury was aggravated, you would need to provide evidence of how the accident aggravated the injury. If your old injury was not aggravated, but you suffered a new injury, you would need to provide evidence of the new injury.

There are various strategies for proving aggravation of an existing injury. For example, your lawyer can compare prior medical records to the recent notes and diagnosis immediately following the accident for which you are now filing a claim. If you did not experience pain or other symptoms from the old injury, but after the accident you do, this could help prove causation.

Let Us Help You After an Accident. Call Today

After an accident, your focus should be on recovering from your injuries. It should not be on learning how to prove your injuries are the result of someone else’s negligence. That is why you should work with an experienced attorney.

Our lawyers are prepared to help you deal with the legal process while you focus on your health. We do not charge you anything while we work on your case. You do not pay us unless we recover compensation for you.

Call (877) 888-5201 to schedule a free consultation.

Getting behind the wheel in low visibility conditions can be dangerous, which is why drivers are expected to take additional precautions. When they fail to do so, and an accident occurs, they may be liable for damages – drivers cannot blame poor visibility for a crash.

Below, we discuss how liability in a low visibility accident is determined.

Our Appleton car crash attorneys are prepared to investigate your claim to see what legal options may be available to you.

No upfront fees. Call (877) 888-5201 today.

What Affects Visibility on the Road?

There are generally four main causes of impaired visibility:

• Time of day – There is either too much sun causing a glare on your windshield or not enough to let you see far ahead.
• Weather conditions – Adverse weather like snow, fog, sleet or rain can all seriously impact a driver’s ability to see the road clearly.
• Direct obstructions – From an uncontained construction zone to overgrown landscaping, obstructions caused by someone else’s negligence could make seeing around a corner or intersection difficult.
• Poor roadway design – A road with a sharp curve or hill may make it difficult for a driver to see oncoming traffic.

These factors may affect drivers differently. Some drivers may be used to these conditions, while others may not be. However, even the most experienced driver can make a mistake and cause a crash. That is why all drivers need to use extra caution if visibility is impaired.

How is Liability Determined for an Accident Due to Low Visibility Conditions?

Determining liability after an accident in low visibility conditions boils down to what party acted negligently.

Remember that there are four elements to prove negligence:

1. You were owed a duty of care
2. There was a breach of that duty
3. The breach of duty caused the accident
4. You suffered damages

The liable party may be another driver or a third party.

When Could Another Driver Be Held Liable?

Every driver owes everyone else on the road a duty of care. This means taking the necessary steps to avoid a collision.

When driving in low visibility conditions, drivers should leave themselves plenty of time to identify a hazard and determine how to avoid it. This could mean slowing down or leaving more space between vehicles. Drivers who fail to take reasonable steps like this may be breaching their duty of care to others, so if an accident occurs, they may be liable for damages.

When Could a Third Party Be Held Liable?

There are other parties who may also owe you a duty of care, including a third party who is not a driver. These third parties may be at least partially liable:

• Municipal governments if poor road design affects visibility
• Construction companies if equipment from a construction site obstructs visibility
• Property owners if landscaping or something else on a property reduces visibility

It may be harder to prove these parties are liable, so it may be in your best interest to work with an experienced attorney.

How Do I File a Claim for a Crash in Low Visibility Conditions?

To recover compensation from a negligent driver, you need to file a claim with his or her liability insurance. Then, you must gather the necessary evidence to prove the driver’s negligent actions resulted in your damages. For example, you need to prove he or she was speeding in a snowstorm, which caused him or her to crash into your vehicle.

You may also be able to pursue compensation from the liability insurance of a non-driver if you can prove that party’s negligence contributed to your damages.

If your claim is against a municipal government, the process may look different than if you were pursuing compensation from a property owner. This is because claims against a government entity often must be filed sooner than claims against at-fault drivers.

Regardless of what type of claim you file, you must prove another party’s negligence directly resulted in your damages. This means you must gather evidence and build a strong case for compensation. It is difficult to do this when you should be focused on getting to doctor’s appointments and resting to heal from your injuries. That is when having a lawyer may benefit you.

We Are Ready to Help. Call Today

Our attorneys have decades of experience helping injured victims, and we have a track record of success. The initial consultation is free of charge, and there are no upfront fees for our services. We investigate your claim with no out-of-pocket costs to you, so there is no risk to work with us.

Let us help you recover the compensation you need for medical bills, lost wages and other damages.

Call (877) 888-5201 to schedule a free consultation.

If you are unable to work due to an injury caused by another person’s negligence, you may be eligible for compensation for your lost wages. You must prove your injuries prevented you from working and that they were a direct result of someone else’s negligent actions.

Our knowledgeable Green Bay personal injury lawyers are prepared to help you file a claim for your damages, including lost wages, medical expenses and more. We can discuss your legal options during a free consultation. There are no upfront fees, and we do not charge you anything if we validate your claim. You only pay us if we recover compensation for you.

Call us today at (877) 888-5201.

When Can You Claim Lost Wages?

You can only claim lost wages if your injury prevented you from working. If you decide to take a sick day or vacation day because for some other reason, you cannot obtain compensation for it.

You can claim compensation for all the time you missed as a direct result of your injuries, even if it was just a few days. Our attorneys know how missing just a few days or hours can be financially devastating for many injury victims.

How Can I Prove My Injuries Kept Me From Working?

Proving that your injuries kept you out of work does not strictly mean your injuries were severe enough to prevent you from doing your job. Although that is one major element of a lost wages claim. You may also be able to pursue a lost wages claim if your doctors’ appointments interfered with your work schedule. For example, if you work Monday through Friday from 9 a.m. to 5 p.m. and your appointments with doctors occurred during those hours, you would not have been able to work all the hours you were scheduled.

What Evidence May Prove the Value of My Lost Wages Claim?

You need to prove that your injuries were the reason you could not work. You also need to establish how much money you lost because you were unable to work.

Your medical records can help prove the severity of your injuries while your employment record shows how much time you missed at work and why.

Claims for Salaried or Hourly Wages

Employees who earn a salary or hourly income should have an easier time proving the value of their claim, as there should be a clear record of how much they earn. Evidence to prove income includes things like paystubs and W-2s.

Claims for Tipped or Commission-Based Wages

Tipped and commission-based employees may have a harder time proving exactly how much money they lost.

If you are a tipped or commission-based employee, you may be able to use a paystub from the prior year to show how much you would have made had you been able to work.

Claims for Self-Employed Accident Victims

Accident victims who run their own business or work freelance may have the hardest time proving the value of their lost wages claim, as their income and workload is not as steady as someone who works on an hourly basis.

However, tax documents may still help determine how much the person’s business made the prior year when he or she was not injured.

What Other Factors Should I Consider as Part of My Lost Wages Claim?

Accident victims can include Paid Time Off (PTO) hours in their lost wages claim if they used these hours when they could not work. Although your job is not legally required to give you back any vacation hours you used for doctor’s appointments, you may be able to get compensated for the value of that time you hoped to use for a real vacation.

Your lost wages claim should also take any missed opportunities at work into consideration. For example, a big sales commission, promotion or bonus.

Let Us Help With Your Claim. Call Today

If you lost wages due to injuries caused by someone else’s negligence, you have the right to pursue compensation for those lost wages.

Our experienced attorneys are prepared to investigate your claim to determine what legal options may be available to you. We have helped numerous accident victims recover compensation. Give us the opportunity to do the same for you.

Schedule a free consultation. Call (877) 888-5201

Many accident victims may suffer permanent injuries that affect the rest of their lives. Victims may need to continue seeing doctors for treatment of their injuries long after their claim has been settled. They may also suffer loss of earning capacity, pain and suffering and other types of non-economic damages.

These types of damages, known as future damages, are compensable in a personal injury claim. To recover these types of damages, you must prove you are likely to suffer these damages in the future. You also need to provide proof of the value of these damages.

It is vital to hire an experienced attorney who knows how to place a value on future damages and other damages victims may have suffered. Attorneys can bring in experts to explain the long-term effects of an injury and speak to the value of your damages.

Call our Appleton personal injury lawyers today. The consultation is free and there are no upfront fees.

Call (920) 260-4528 today.

What Are Future Damages?

When an accident victim suffers a serious injury, he or she is not likely to recover before the close of the case. Therefore, the victim’s attorney must pursue compensation for future expenses he or she is likely to accumulate after the legal process concludes. This includes things like:

Loss of Earning Capacity

Injured victims often lose wages while they are recovering from their injuries because they miss time at work. However, accident victims who suffer a life-changing injury may also experience loss of earning capacity.

The loss of earning capacity is the loss of the victim’s ability to work in the same way he or she did before the accident. For example, if the victim is unable to ever work again or be forced to take on different employment due to his or her injuries. A loss of earning capacity claim may be worth more if the victim is forced to take a pay cut by working fewer hours or working in a less lucrative career.

Future damages for lost earnings may also include any pay raises, bonuses or commission pay the accident victim would have been expected to receive if the injury had never occurred.

Medical Costs

Most accident victims have medical expenses. However, for some people, medical expenses do not end after the claim is settled. This is especially true if you suffer a permanent injury, like a spinal cord injury or brain injury.

Future medical costs may include things like rehabilitative care to regain mobility or ease chronic pain. If the victim requires medical equipment, the costs of replacing that equipment in the future should also be considered.

Pain and Suffering

If the accident victim’s injuries are permanent, there can be consideration for the value of future pain and suffering damages. This includes any physical pain or emotional suffering caused by the injuries.

Other Non-Economic Damages

Injury victims may also struggle with damages like lost enjoyment of life or lost companionship. Lost enjoyment of life refers to the psychological toll of not being able to take part in the activities you once enjoyed. For example, you might be unable to play a sport you enjoyed playing because of your injury. Lost companionship refers to how your injury affects your relationship with your spouse.

While these damages affect you soon after the injury, they could impact your life long after your claim has concluded.

What Factors Determine the Value of Future Damages?

When assessing the value of future damages, there are several factors to consider. This includes the following:

Age

How old was the person when he or she suffered the injury? A young person may heal more quickly from an injury, but the effects of a permanent injury would have a greater impact for a longer period due to the person’s young age.

Older individuals may experience more severe symptoms from minor injuries. Even if they may experience their pain and other symptoms for less time than that of a younger person.

Lifestyle

Was the individual active in sports? At the gym? Or was his or her job more physically demanding?

An accident victim whose active lifestyle is significantly limited by an injury may experience depression or lost enjoyment of life.

Work Status

The number of hours the individual worked before the accident is also important. For example, a person working a full-time job is likely to experience a greater amount of lost earnings than a part-time or contract worker.

Life Expectancy

This may tie into age, but it mostly concerns the life expectancy prognostication given to an accident victim. If his or her injuries have a low survival rate, this should also be considered for future damages suffered by the family.

Household Status

If the injury victim is the head of household and is the primary income earner, the person’s family may be impacted by the loss of earnings in the future.

Can Expert Testimony Help Prove the Value of Future Damages?

When it comes to proving the value of future damages, there is a lot of estimation since no one can predict the future. However, experts may be brought in to help get a better understanding of what those future costs look like.

Economic experts can help determine how much an accident victim may lose in earnings. While a medical expert may testify about expected healthcare costs in the future.

Call an Experienced Attorney Today

If your injuries take longer to heal than the settling of your claim, or they will cause a permanent disability, you should strongly consider the value of your future damages before accepting an offer from the insurance company.

Our attorneys are prepared to evaluate those damages to determine the true value of your claim. Since we work on contingency, we cover all upfront costs, and you only pay us when we recover compensation for you. There is no risk to you.

Call (920) 260-4528 to schedule a free legal consultation.

Car accident victims have the right to refuse medical treatment at the scene. However, medical treatment is important for many reasons. It is the only way you are able to recover from your injuries.

Not seeing a doctor can also prevent you from obtaining fair and just compensation. Our experienced car crash attorneys in Green Bay discuss the impact of refusing medical treatment at the scene. We also discuss how delaying or stopping treatment could significantly affect your claim for compensation.

If you have been injured in a crash and want to know more about your available legal options, we are here to help. The initial consultation is free of charge and comes with no obligation to use our services.

Zero Upfront Fees. Ph: (920) 260-4528

Why Refusing Medical Treatment at the Scene is a Mistake

Car accident victims often assume that they are not injured or that their injuries are not serious. They may feel like they need to go home and away from the accident scene in hopes they feel better later.

However, this is a huge mistake. Some injuries may remain hidden or not become apparent for days or weeks. Traumatic brain injuries could be life-threatening if left untreated. Even minor injuries can get much worse without immediate medical care. For instance, soft-tissue injuries can take many forms and cause a greater deal of pain, discomfort and limited mobility over time, leading to additional injuries.

Another mistake with refusing treatment at the scene is hurting your ability to link your injuries to the car accident. If you are seen by a paramedic at the scene, it will be a lot more difficult for the insurance company to dispute your injury and say your injury was caused by something other than the accident.

It is also that you are thorough when talking to doctors about your injuries. It can optimize the medical care you receive. Omitting information could make you appear less credible to the insurance company.

If you wait to seek medical treatment, the insurance company also may not think you were seriously injured. While you may still file a claim even after waiting, it could be harder to validate it. It could be reason enough for the insurance company to devalue your damages or deny you compensation.

Not Following Doctor’s Treatment Recommendation

In some cases, a car accident victim may not agree with his or her doctor’s recommended treatment plan. They may be unsure about whether it will work or whether the risks outweigh the benefits.

This can cause car accident victims to get a second opinion about their injuries. You have the right to see another doctor. The second doctor may confirm the first doctor’s opinions, giving you some peace of mind, or provide other treatment options to aid in your recovery after the car accident.

However, simply ignoring a doctor’s orders or not following up on medical care could impact your claim. Refusing treatment without getting a second opinion could be used against you. The insurance company may say that you were never injured or that if you were injured, your injuries have since healed.

If a second doctor recommended another treatment and you follow it, the insurance company will have difficulty arguing about the nature and extent of your injuries. We recommended consulting with a licensed attorney who can review your situation and strengthen your claim for compensation.

Stopping Medical Treatment Altogether

Car accident victims who decide to stop medical treatment can also complicate a claim. Skipping several doctors’ appointments without rescheduling them will create a gap in your medical treatment. The insurance company may say that you must not be badly hurt because you are missing appointments.

Following your doctor’s orders is important in order to get the maximum compensation possible. If you have to miss a medical appointment, be sure to reschedule a new time sooner rather than later. It will show that you are taking your injuries seriously and making the effort to heal and recover.

If you do not think a certain treatment is working, speak with your doctor. If you are worried about how to pay for medical bills while your claim is pending, our firm is here to help you understand your options.

Injured in a Car Accident? We Are Here to Help

Refusing medical treatment at the scene could impact your recovery and prevent you from obtaining fair and just compensation in a car accident claim. This is why you need an advocate on your side.

At Sigman Janssen, we are ready to answer any questions you may have about the claims process. You can learn more about how we may be able to help you during a risk-free legal consultation. There are no upfront fees to get started and no fees while we work a case. We only get paid if you get paid.

Call (920) 260-4528 for Trusted Legal Help.