What to Do After Witnessing a Car Accident

car accident

Witnessing a car accident can be a nerve-wracking experience, especially if the accident was more than a simple “fender bender.” You are not obligated by law to stop at the scene of an accident, unless you were involved in it. However, pulling over to see if everyone is OK and providing an accurate statement to the police can help protect victims’ rights.

If You Witness a Car Accident:

  1. Pull over (but be safe in doing so.)You should pull over to the side of the road and put on your hazard signal. However, be careful that in doing so, you don’t inadvertently cause another accident or put yourself at risk. Keep a safe distance between the accident and your car in case of a fire or explosion. Providing an accurate account of what you saw can help protect victims’ rights and may become valuable for our Milwaukee injury law representation if legal action follows. This will also help keep the area clear for first responders.
  2. Call 911. Don’t assume that someone else has called 911 already. Contact emergency services to report the accident, providing your name when asked and letting the dispatcher know exactly where the accident occurred. If you think there are injuries, be sure to let the 911 operator know that.
  3. Approach the scene of the accident. If it’s safe to do so after you’ve called 911, you can approach the accident on foot to see if everyone is OK.
  4. Provide help if you’re able and comfortable. If you feel comfortable doing so, you can attempt to get the accident victims out of harm’s way, help stop major bleeding, administer CPR or provide other emergency care to victims while you wait for an ambulance to arrive. Wisconsin’s “Good Samaritan” lawsays people who attempt to provide good faith emergency care at the scene of an accident while waiting for first responders cannot be held civilly liable if something goes wrong, so don’t worry about being sued for trying to help.
  5. Stay calm. You can also help victims by simply staying calm as you wait for police and paramedics to arrive. When the ambulance gets there, step aside and let the professionals do their jobs.
  6. Tell the police what happened. When the police arrive on the scene, you should cooperate with them as much as possible. Provide your contact information and tell them, in your own words, what you saw. Be factual and complete in making your statement.
  7. Understand you may be contacted. As a witness to an accident, you may be contacted later by the police, insurance adjusters, attorneys, or others. Answering their questions and being cooperative can help protect the accident victims’ rights.

Contact GCW

Witness’ statements can play key roles in clarifying what actually happened in any car accident. Gingras, Thomsen & Wachs, LLP Milwaukee Car Accident Attorneys works with accident witnesses regularly as they help car collision victims recover the compensation Wisconsin law says they are entitled to. To learn more, contact the firm today in Madison, Milwaukee, or Eau Claire.

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What Should You Do After a Car Accident?

Car Accident

You hope you’re never in a car accident but no matter how careful you are, it could happen. You may not be able to avoid distracted drivers, drunk drivers, fender benders or truck drivers who are going too fast. If you have been hurt in an accident, and you are able, you should take these steps to make sure you are compensated. If you are not able, this blog will help your family or a close friend know what to do in the event you are in a car accident.

At the Accident Scene

Allow the ambulance crew to check you out. Allow them to take you to the hospital if they feel you need care.

If possible, take pictures of the damage to your vehicle and to other vehicles involved from a distance so all vehicles involved are in the frame. Take close-up photos showing the damage to each vehicle. Write down the names, phone numbers and addresses of witnesses. Exchange insurance and contact information with the other driver.

Never say anything that could implicate you as the person who caused the accident. Even if you believe you were at fault, the other driver may share some of the liability for the accident. Anything you say could be recorded to be used against you later.

After the Accident

As soon as possible, contact your own insurance company to let it know you were in an accident. You have an obligation to cooperate with your own insurance company by giving it the information it requests.

You probably will be contacted by the insurance company for the driver who caused the accident. Be careful about giving them any detailed information about the accident before you speak with an attorney.  Insurance companies want to make a profit and pay you the least amount possible, therefore you also should be careful about trying to settle your personal injury claims with them without talking to a lawyer. You may not get enough compensation to cover all your medical bills, and other expenses if you settle your case too early. You can’t tell immediately after an accident how quickly you will heal, and some injuries may not manifest until days or even months later. If you settle with the insurance company too early, you could lose compensation for those injuries.

Within a few days after the accident, go to your regular doctor to get a full checkup. Be sure to follow your doctors’ advice; get a second opinion if you are concerned about what your doctor recommends. Take care of yourself and do everything you can to recover from your injuries.

When Should You Call a Car Accident Attorney?

If possible, call a Milwaukee car accident attorney the same day or the next day after your accident. You’ll want to have the initial consultation as soon as possible while the events of the accident are still fresh in your mind; this also will let your attorney investigate the accident while all the facts are fresh. Additionally, you will want to talk to a lawyer promptly because you have a deadline to file a lawsuit and may have deadlines for filing legal paperwork to notify the defendant about your claim. The statute of limitations — how long you have to file a lawsuit —typically is three years from the day of the car accident. (Your lawyer can tell you about exceptions to this rule). However, if you are filing on behalf of a loved one who died as a result of injuries from the accident, you have two years to file a lawsuit. Deadlines for filing paperwork to notify the defendant of your claim can be as short as 120 days.

Contact Gingras, Thomsen & Wachs, LLP

Contact Gingras, Thomsen & Wachs, LLP today. If you are hospitalized because of a car accident and cannot talk on the phone, a family member or close friend can contact us on your behalf. If you are reading this and a loved one has passed because of personal injuries sustained during a vehicle accident, you can contact our office on their behalf. Our personal injury attorneys have decades of experience in representing car accident victims – we’re here to help.

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Driverless Car Accidents: Who’s at Fault

Driver less car Laws
Long regarded as the fodder of futurists[i]– more science fiction[ii] pipe-dream than legitimate possibility – the advent of driverless cars and autonomous vehicle (AV) technology is now clearly visible on the horizon. As Uber rolls out its first fleet of driverless cars in Pittsburgh, many jurisdictions are grappling with precisely how to regulate and legislate for AVs, especially when it comes to driverless car accidents cases.

Certainly, this is no small task. The most routine issues prove difficult to address when a program, as opposed to a person, is guiding the vehicle. If the operator is not human – if the operator is a computer program, or the operator is the author of a computer program – who is negligent? Who will shoulder the liability? These basic questions underlying the litigation of collisions merit newfound attention in the age of AVs. Litigators are forced to first ask, who drives the driverless car?

Functionally speaking, an AV is driven by a computer program along with an array of complicated technical gadgetry.[iii] Yet, legally speaking, the answer varies and depends largely on state statutes. In states at the forefront of AV regulation, humans remain, by and large, the legally-defined operators of these vehicles.[iv] Under most statutory definitions, an individual becomes the driver of an AV at the moment they cause the AV to begin operation. In California, the operator of an AV is defined as “the person who is seated in the driver’s seat, or if there is no person in the driver’s seat, causes the autonomous technology to engage.”[v] Similarly, Florida deems an individual the operator of an AV when the individual “causes the vehicle’s autonomous technology to engage, regardless of whether the person is physically present in the vehicle while the vehicle is operating in autonomous mode.”[vi] Still, the vast majority of states, Wisconsin included, have yet to implement a legal framework to accommodate for AVs on the roadways.

Who is Liable in an Driverless Car Accident?

This legal vacuum presents a degree of uncertainty in how liability will be apportioned when AVs are at-fault in a collision. So far, this statutory gap has not met serious practical pitfalls, ostensibly due to the incredibly low rate of AV collisions. Yet, a shift in the understanding of liability for motor vehicle collisions may be underway. In traditional motor vehicles collisions, manufacturers evade liability because the negligence of the driver is most often considered the cause of the collision. Yet, when an AV collides with another vehicle, there may be no at-fault driver involved at all. Absent driver negligence and existing tort frameworks governing the sale of consumer products may wed the driverless car manufacturer to the driverless car collision. Experts contend that the doctrines of negligence, strict liability, misrepresentation, and breach of warranty could all theoretically operate to hold an AV manufacturer liable for an injury resulting from a truly driverless car collision.[vii][viii]

The AV is likely to alter the litigation process for collisions in one way or another. Although it is not immediately clear when this will take place, both the likely reduction in automobile collisions, along with reimagined liability framework for manufacturers, pose real implications for litigators and consumers alike.

[i] See Norman Bel Geddes, Magic Motorways, 1939.
[ii] See Minority Report (20th Century Fox 2002).
[iii] RAND Corporation, Autonomous Vehicle Technology A Guide for Policymakers (2016).
[iv] Cal. Veh. Code § 38750 (a)(4); Fla. Stat. Ann. § 316.85 (2);
[v] Cal. Veh. Code § 38750 (a)(4);
[vi] Fla. Stat. Ann. § 316.85 (2
[vii] John Villasenor, Products Liability and Driverless cars: Issues and Guiding Principles for Legislation 7-13  (Brookings Center for Technological Innovation April 2014)
[viii] Self-Driving Cars and Insurance (Insurance Information Institute July 2016) available at http://www.iii.org/issue-update/self-driving-cars-and-insurance (“[T]he onus might be on the manufacturer to prove it was not responsible for what happened in the event of a crash.”)

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Winter Driving Safety Tips to Avoid a Collision

Weathering Winter Collisions: Driving Protection, Precautions, and Representation

Snowy weather is not a foreign concept in Wisconsin, and yet every time there is a snowstorm, it’s as if everyone around you has forgotten how to drive. During blizzards, some people think it is wise to drive at ridiculous speeds of 60, 70, and the occasional 80 mph, and then become surprised when they slide all over the place. Don’t they realize that snow is slippery?

You’ll admit that you absolutely hate driving in the winter, and even at the slightest hint of snow you drive ultra-cautiously. Unfortunately, though, you seem to be in the minority. So, as a responsible adult, what can you do to make winter driving safer for your family? Is there a way to prepare for a collision? What if the unthinkable happens? Where should you turn?

Winter Driving Safety Hacks

According to the U.S. Department of Transportation, nearly 56% of all collisions occur during winter months as a result of careless driving in poor weather. Every year in the United States, an estimated 150,000 people are injured and 2,000 die as a direct result of winter traffic collisions. These statistics alone are almost enough to keep you off the road until spring, but unfortunately, that isn’t really an option. However, you can take proper precautions to lessen your risks, as well as know what to do in case your family does suffer a collision.

Before an Accident Happens: Precautionary Measures

The National Highway Safety Administration has performed extensive research into winter driving safety, and encourages drivers in heavy snowfall areas to follow these precautions to protect against winter weather risks:

  • Routinely check your car. Proper maintenance is important when driving year-round, but especially during cold winter months. Make sure your vehicle has a complete checkup, including topping off fluids, brake checks, and filling tires for proper air pressure.
  • Clean up first. Before moving your car, clean snow, ice, and debris from the windows, windshield, forward sensors, cameras, and lights.
  • Plan a route. Make sure you’re aware of the route you’re taking before you leave, even if you use a GPS system, and let others know your path and anticipated arrival time. This way, if you get stuck, they’ll know where to find you.
  • Drive slowly. It’s hard to control and stop your vehicle on a slick or snow-covered surface.
  • Increase your following distance. Since your stopping distance is increased on slippery roads, you need to make sure that you allow enough space between you and the car ahead of you in case you need to stop abruptly.

During an Accident: When You Start to Lose Control of Your Vehicle

  • Stay calm. Losing control of your vehicle can be extremely scary, but losing control of yourself can make matters worse. Stay calm, breathe, and try to remember these safety tips.
  • Know how to stop. If you have anti-lock brakes, apply firm, continuous pressure. If you don’t have anti-lock brakes, pump the brakes gently to come to a smooth stop
  • Don’t brake too hard. If you find yourself in a skid or slide, ease your foot off the gas while carefully steering in the direction you want the front of your vehicle to go. Keep your feet off of the pedals until you can regain control and stop sliding. Braking will only cause the tires to skid more
  • Refrain from over correcting. When in a skid, or when pushed by another car, over correcting could cause more harm than good. Try to maneuver your wheel toward an open area.

After a Crash: Seek Justice

  • File an injury and damages claim for compensation. Damage costs can be extensive, and injury treatments can last years and be exorbitantly expensive. If you weren’t at fault, you deserve compensation to offset these costs
  • Contact an experienced car accident lawyer. We can help you get the rightful compensation you and your family deserve, while protecting you against insurance tricks and stress. You deserve excellent representation; call us today

How Do You Stay Safe?

Considering the frustrations and dangers of winter driving, safety should be automatic. Unfortunately, many people are unaware of their risks, let alone how to help avoid them. Need more information about car collision claims? Contact us to discuss any questions or concerns you may have about a recent collision.

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How Much Does a Car Accident Lawyer Cost?

How much will I have to pay a lawyer to help me with my injury claim?

When you hire a lawyer to handle your injury claim, you will need to pay her for the time she spends (her fee), along with the out-of-pocket expenses she incurs handling and pursuing the claim on your behalf.

Personal injury lawyers will agree to handle most accident claims on a contingency fee basis, instead of an hourly basis.  What this means is that the lawyer will not require an up-front payment, a retainer, or a monthly payment based on the hours she has worked. Instead, with a contingency fee agreement, the lawyer is only paid an attorney’s fee if she is successful in obtaining compensation for you. The amount of the contingency fee usually ranges from 25%-33% of the amount recovered, but can be negotiated with the lawyer. The contingency fee contract is required to be in writing and will also include provisions for how the lawyer’s out-of-pocket expenses are to be paid. You should always review the contingency fee contract with the lawyer so you fully understand how she will be paid, and ask any questions you have, before signing it.

If you or a loved one was injured in a car accident, contact the car accident lawyers at Gingras, Cates, & Wachs to find out how we can help.

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When to File a Car Accident Claim After an Accident

How long do I have to file a claim after my Wisconsin car crash?

In Wisconsin, the Statute of Limitations—the time in which you have to either settle your injury claim or file a lawsuit—is three years from the date of the crash.

If you were involved in a crash with a governmental entity (city snow plow, school bus, police car, etc.) there are special notice requirements and other time-lines that need to be met. As a general rule, those time limits are much, much shorter. You should speak with a car accident lawyer in Milwaukee as soon as possible in those cases to determine the time-lines and other requirements in your case.

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