Wisconsin has a partial helmet law that only requires motorcyclists age 17 and younger to wear helmets. If you are 18 or older and suffer serious injury in a motorcycle crash, failure to wear a helmet does not count as negligence when recovering compensation. Consult a Milwaukee motorcycle accident lawyer to find out about your rights. The Centers for Disease Prevention and Control (CDC) reports that per 100,000 registered motorcycles in 2010, helmets saved the lives of four riders in Wisconsin and helmet use saved $8 million in potential economic losses. Wearing helmets makes motorcycling safer. Fatalities occur more frequently for motorcyclists not wearing helmets because of head injuries. The Milwaukee Wisconsin Journal Sentinel reported that, in 2011, 92 percent of bikers that died in motorcycle accidents did not wear helmets. Since the well-known, comprehensive Hurt Study that analyzed motorcycle accidents back in the 1970s confirmed that helmets save lives, many other research studies have also corroborated this fact. Arguments that helmets reduce visibility and hearing are not true. The best safety measure you can take when riding a motorcycle is to wear a helmet . Most motorists do not see motorcycles until just before or after impact. Studies show that other drivers are generally more at fault for causing accidents than motorcyclists. Because of these facts and other factors, if injured in a motorcycle accident, you should consult a Milwaukee motorcycle accident attorney . Scherr & Scherr, LLP can fight aggressively to help you recover the compensation you deserve.

When you slip and fall on someone else’s property and suffer a serious injury, you may wonder if the property owner is liable for damages. An owner of private property must take reasonable steps to protect invitees and visitors from dangerous and defective conditions the property. An owner of a business or public place, on the other hand, owes a heightened duty to protect invitees and visitors from dangerous and defective conditions at a business or place open to the public. Milwaukee slip and fall attorneys can review the circumstances involved with your accident and determine whether grounds exist to pursue an injury claim. Wisconsin Statute 895.045 , Wisconsin’s comparative negligence statute, may also bear on your right to compensation for death and injury resulting from a fall. To recover compensation, an injured party cannot be more responsible for causing the injury than other parties whose negligence also contributed to the person's injury. Lawyers refer to this as the 51 percent rule. This applies to premises liability, where injury victims hold property owners liable for hazards or dangerous conditions. The court also looks at the injury victim’s (plaintiff’s) negligence. Was the person not paying attention to where he or she walked? Did the person ignore warning signs or did he or she trespass? Weighing the property owner’s negligence may involve determining how long the hazard existed and whether the owner knew about it, should have known about it or made any attempts to repair or post warnings about it. Whatever percentage of fault you have in causing your own injury reduces the amount of compensation you can recover. For example, if the judge decides you were 20 percent at fault and your damages were $200,000, you could only recover $160,000. A Milwaukee slip and fall attorney can advocate your side of the case ― and proving negligence is the crucial factor for recovering compensation. Scherr & Scherr, LLP has decades of experience protecting our clients’ rights in slip and fall cases, and can fight for the compensation you deserve.

When you lose a loved one, legal action may be the last thing on your mind. However, if financial stress related to the loss is an issue, it is important to understand your rights under Wisconsin law. A wrongful death lawyer in Milwaukee, WI can determine liable parties and help you bring a lawsuit to recover compensation. Wisconsin statute 895.04 Plaintiff in wrongful death action explains who has the right to file a wrongful death claim. When someone dies, the court assigns a personal representative ― or a will or other estate planning document may designate a personal representative. Personal representatives can sue for wrongful death, and so can the person with a right to recover damages. You are entitled to recover compensation if you are a surviving spouse, domestic partner or a child under 18 who legally depended on the deceased loved one for support. You may also be entitled to recover compensation of you are the parent of an adult child where there are no spouse or children. The law sets specific guidelines that protect a child’s right to receive compensation over a surviving spouse or domestic partner. If there are no surviving spouses, domestic partners or minor children, then the following individuals take priority, in the order listed: Parents Brothers and sisters Grandparents (one-half to surviving maternal grandparents and one-half to surviving paternal grandparents) Surviving relatives on the maternal or paternal side if no surviving grandparents If you lose a loved one because of someone else’s negligence or wrongdoing, a Milwaukee wrongful death law firm can provide you with legal guidance and protect your rights. Scherr & Scherr, LLP has more than 65 years of combined experience and has helped numerous families take effective legal action regarding wrongful death.

Today, many trucks have on-board computers that provide information about hours driven, routes taken, cargo weight, maintenance checks, driving speeds, braking and other significant information. For years, the law required truck drivers and companies to keep logs about truck operation, but technological advances make some of this information automatic today. Such advances allow truck accident attorneys in Milwaukee much greater access to information for analyzing truck accidents and holding responsible parties accountable. In addition to recorded information, some trucks also have vehicle disabling systems , either operated remotely by trucking companies or through direct access to authorized users, such as truck drivers. When using a remote system, a dispatcher can downshift and make the vehicle gradually decelerate or even bleed air from the brakes and stop the vehicle. The system can also prevent the vehicle from re-starting. These systems are useful during an emergency. For example, a driver experiencing a heart attack can press a panic button on the truck dashboard, alerting the authorized personnel to take control of stopping the truck. In a potential theft situation, the system can prevent someone without the proper login information from starting the vehicle and driving away with it. This is particularly crucial when a truck transports hazardous materials. Fleet management can require maintenance before operation or enforce hours of service compliance, which has the purpose of ensuring truck drivers do not drive while fatigued. From a legal standpoint, Milwaukee truck accident attorneys may be able to prove trucking company liability when a dispatcher with this remote capability fails to slow or stop a truck remotely to prevent an accident. At Scherr & Scherr, LLP, we have extensive knowledge about trucking accident cases and have established a reputation for aggressive and effective representation.

Winter in Milwaukee County and the surrounding communities means snow and ice. The risk for a slip and fall accident increases during the winter months in the state of Wisconsin, and the number of those accidents are higher. It may be difficult to determine who is at fault though. If you slip and fall this winter and suffer as a result, you are entitled to compensation through a free case review with the experts at Scherr & Scherr, LLP. Wisconsin premises liability law states that property owners and property managers have a legal obligation to keep their properties safe by adhering to reasonable standards of care to reduce the risk of a slip and fall accident on their property. If a person is injured on the property due to a preventable hazardous condition, the property owner can be considered negligent and be held liable for damages. This can include a failure to remove snow and ice from walkways and parking lots. The National Center for Injury Prevention and Control, has determined that unintentional falls account for the highest level of nonfatal injuries in almost all age groups. While these slip-and-fall cases are not always weather-related, inclement weather conditions are often the reason. Elderly and those in poor health are at an even great risk of slip-and-falls during the winter. By being more cautious, a slip-and-fall can be prevented. Take preventative measures to ensure staying safe in winter weather. Know the Weather Forecast, and Prepare Accordingly Winter in Wisconsin means unpredictable weather, so it is important to be prepared for slippery conditions. Watch the weather and plan for your day accordingly. Choose durable, slip-resistant shoes or boots that do not have a high heel, you can always pack dress shoes and change them once you reach your destination. Walk with Caution Walk slowly, and pay attention to the ground where you intend to step —black ice and slush can be difficult to see. Test areas to see if they are slippery before walking on them. If a walk or lot appears icy, try to walk around or on the other side. Paying attention the way you walk will greatly impact your chances of suffering a slip and fall. Take the Safest Route Flat, smooth surfaces are ideal for preventing a slip and fall, if possible, avoid stairs, ramps, curbs or other walkways that create additional hazards. Observe crosswalk and roadway signs, which may communicate any hazards nearby. Avoid distractions while walking by staying off of your cellphone. Call Scherr & Scherr, LLP if You Need a Personal Injury Attorney If you feel your fall could have been avoided and the property owner should have taken precautions to prevent it, you should discuss this with the slip and fall experts at Scherr & Scherr, LLP. We may be able to help mitigate the damage caused by someone else. Some slip and fall incidents are simple accidents, others are caused by the negligence of others. If you or a loved one suffers a slip and fall injury on someone else’s property, and you believe the property owner could have reasonably prevented it, it is important to contact a qualified personal injury attorney to discuss your options. Contact Scherr & Scherr at 414-467-3767 today.

With spring’s arrival, Wisconsinites are anxious to get out doors and enjoy their favorite activities that the long winter months prevent them for participating in. Bicycling is an increasingly popular sport for adults as a means of exercise and transportation. Unfortunately, bicyclist’ share the road with motor vehicles, and bike accidents occur. These usually result from a driver’s inattention or even purposeful failure to yield the right of way to the cyclist. In 2015, 818 bicyclists were killed in crashes with motor vehicles according to the National Highway Traffic Safety Administration, Traffic Safety Facts. Other statistics on bicycle crashes with motor vehicles: Alcohol was a factor in 37% of fatal bike crashes, with drivers doing the drinking in 12 percent of the cases and bike riders drinking in 22 percent, the latter a decline from 38 percent 10 years ago. Though it’s estimated that 45,000 cyclists were injured in crashes in 2015, the report said police probably record a fraction of those crashes because bikes don’t get towed from crashes and cars rarely need towing after colliding with a cyclist. The majority of fatal bike crashes — 72 percent — took place on the roadway rather than at intersections. Distracted driving was to blame for 76 cyclist deaths out of 818 in 2015. More than half of cyclists killed were not wearing a helmet. Bike fatalities were evenly split at 47 percent between those riding in daylight and those riding after dark, though only 20 percent of bike rides take place after dark. The most common accidents that occur between and car and bicycle: 1) The Right Cross  This occurs when a car pulls out of a side street, alley, driveway, or parking lot and exit to a cyclist’s right. The cyclist has already passed the front of the motor vehicle, which then strikes the cyclist. Or the car pulls out far enough at the last second to block the biker’s right of way, making it impossible for the cyclist to avoid a collision with the side of the car. Avoid it: Cyclists should be more visible to drivers. Use a headlight or flashing light on the front of your bike, even during the daytime. Cyclists should also anticipate cars pulling out from the right. Ride further out to the left, creating more angles of visibility and allowing you more maneuverability to stop or swerve. 2) The Right Hook The “Right Hook” commonly occurs in two ways. One situation arises when a bike rider is in front of the cross street and is struck because the driver of the car fails to see the bicyclist when making a right turn. The second more common situation occurs when a motor vehicle operator overtakes a bicyclist then cuts them off when making a right turn. The car passes the biker, forgets about them or assumes they have passed them with sufficient space, and then quickly makes a right turn causing the cyclist to slam into the side of the car. Avoid it: A cyclist should ride farther left in the lane, causing cars to pass the cyclist more deliberately. Even if cut off, you will already be positioned further to the left as a head start on swerving to avoid a collision. 3) The Door Surprise This collision occurs when the driver of a parked car opens the car door directly in front of a bicyclist. The opened door blocks the biker without enough notice to allow the biker to stop or swerve out of the way. Avoid it: Bikers should ride farther to the left, even if this puts you more into the lane of car traffic. This makes bikers more visible to the cars driving behind them as well. If possible, keep a lookout for drivers in parked cars to your right. If someone is seated in a driver’s seat, safely move to the left and then move back to the right after passing that car. 4) The Rear End Bicyclists are most concerned about rear end collisions and resulting injuries. It is not an uncommon situation. In fact, the rear end collision is the most common way that drunk drivers hit and kill cyclists. Avoid it: Most importantly, bicyclists should take steps to be visible and select the safest time and roads to ride on. Headlights, taillights, and reflective gear may not be cool, but they can save your life. “Bike Lights for Safety: See and Be Seen” It may be counterintuitive, but do not ride close to the curb. Car drivers will pay more attention to you if you ride about six inches inside the white shoulder line, and not outside of it or on it. 5) The Left Cross This occurs when a vehicle traveling in the opposite direction makes a left turn in front of a bicyclist, and either strikes the left side of the biker, or cuts off the biker forcing the biker to hit the right side of the vehicle. Avoid it: Bicyclists should not ride on sidewalks, which are for pedestrians, not bikes. Drivers are not paying attention to or looking for bikes on sidewalks. Keep scanning several seconds ahead of you for potential dangers, and be aware of your visibility if it is concealed by traffic, bushes, or parked cars. If you are in a bicycle accident, seek immediate medical care. It is possible to believe you are not injured, only to wake up the next day with aches and pains caused by the accident. If you wait too long to seek treatment, the insurer will try to claim that your injury was due to something else other than the accident. Do not give a statement to the insurance adjuster. Shortly after the accident, the driver’s insurance adjuster will call and ask you to make a recorded statement about the accident. The law does not require you to do this and it is highly recommended that you do not. No matter how kind and compassionate the adjuster seems to be, adjusters work for the insurance company. They do not work for injured people and your words can easily be twisted around to blame you at least partially for the accident. Call Scherr & Scherr, LLC to review the facts of the case, including the police and investigative reports. The experts and Scherr & Scherr will file a personal injury lawsuit on your behalf.

Thanksgiving weekend, a treasured time of the year, it kicks off the holiday season. Friends and family gather from near and far to give thanks and celebrate and with food, football, and shopping. Black Friday is as much a part of Thanksgiving tradition as the turkey dinner is, and while American’s love the thrill of the finding a bargain, it can also be a dangerous day. In fact, there are 34% more car accidents on Black Friday compared to the Friday two weeks before and after according to data from Progressive Insurance. The hunt for the bargain can lead to chaos in stores, every year we see news clips and viral videos of violence between shoppers, stampedes and fight breaking out. Are these Black Friday “deals” worth the risk of injury? What liability do the stores have to protect their customers? Many stores have attempted to control the situation, but it is also a very important day for retailers. The hype of the big crowds and number of customers through their front doors is what is most important to them. Shopping on Black Friday means shopping in hazardous conditions, frenzied shoppers and crushing crowds mean if you choose to participate in shopping on this day you will want to take some precautions. Here are some tips for staying safe on Black Friday:  Stay home! Retailers now offer most of the same great deals online. Shop from the comfort and convenience of your own home. Avoid the roads and the stores by shopping online. If you do venture out, don’t speed. Rushing to get to the hot deals is not worth a potential car accident that could result in injuries to yourself or others. If you love to shop in the stores, wait a few days after Black Friday. The days and weeks after Thanksgiving brings the best deals of the holiday shopping season. If you do go early morning on Black Friday, don’t arrive right when the stores open. Avoid the mobs and potential rushing crowds by waiting until the stores have been open for a few hours. If you Do Get Injured at a Store, What Then? Finding the perfect gift at an unbelievable price is exciting and enticing for many shoppers. But risking injury or worse can ruin your holiday season. There are well-intentioned shoppers who end up hurt due to “retail-rage”, pushing crowds and pepper spray attacks over the past 10 years. If you do find yourself in a situation on Black Friday that leaves you with an injury, you will need to understand the retailer’s liability that can get you on the next steps to recovery. And while we have all seen and heard about extreme incidents that have happened on Black Friday, the most common injuries that result on this day are slips, trips, and falls. Every day, 25,000 people in the U.S. are injured in slip and fall accidents. Crowds of people in malls and box retail stores on Black Friday increases risk. Floors are slippery from the outdoor elements tracked in by shoppers. Items get dropped and left in the aisle where they land, items fall off of shelves, the obstacles to navigate are even greater on this day. Safety Tips: Wear sturdy shoes with soles that are not smooth or slick. Try not to rush just to keep up with the crowds. When you are rushed, frustrated or fatigued the chances of tripping and falling increase. Stay alert. Watch where you are going. Look out for debris. Other potential risks can include pepper spray contact and crowd rush injuries. Stay aware of other shoppers and what is going on around you. If you are feeling uncomfortable in a crowd, try to get out of the situation by backing out and getting out of the pack. If a crowd becomes a stampede, find a place to hide instead of getting caught in it. Lean up against a wall for balance and avoid falling. Who is Liable for Black Friday Injuries? Retailers expect massive crowds. So, what is their liability for injuries suffered on their premises? Under common law, the liability of property owners depended on whether the injured person was a(n): Trespasser: one who is on the property uninvited. Licensee: one who is on the property with the permission of the owner. Invitee: one who is on the property for the purpose of providing a benefit to the business owner. When businesses invite people to their property for the purpose of spending money, the business owner owes the highest duty of care to the shopper. It’s an employer’s responsibility to provide a safe working environment for employees and a business owner’s responsibility to provide safe premises for shoppers. If they fail to do so, and it results in an injury on Black Friday, the injured party may have grounds for a lawsuit. The U.S. Occupational Safety and Health Administration (OSHA) has established guidelines for crowd management, particularly for events like Black Friday sales. Their Black Friday safety tips include: Hiring extra staff and security designed to compensate for the extra shoppers. Providing crowd control. Making certain no entrances or exits are blocked. Having a separate entrance for employees. Anticipating and planning for problems that come from increased pedestrian traffic in the store. The store may not be able to protect you from being hit by an irrational shopper, but they need to have an emergency treatment plan if such a thing should happen. If you do sustain an injury on Black Friday while shopping, contact the attorneys at Scherr & Scherr LLP to discuss whether you have a lawsuit. Our attorneys can help you investigate your accident and give you a professional opinion. If you are injured at a retail store on Black Friday, you may be entitled to compensation for your medical bills, physical injuries and emotional pain and suffering, lost wages due to your injuries or disability. Black Friday shopping should not become a tragedy because of the negligence of a person or company. Happy Thanksgiving from Scherr & Scherr and stay safe this holiday season!

Lemon Lawyers who serve the entire State of Wisconsin. We represent owners of defective vehicles covered under the Wisconsin Lemon Law. We have successfully settled claims for many lemon law clients. The Lemon Law is designed to protect consumers that purchase new cars, trucks, SUVs and mini-vans. Common WisDOT FAQ’s What is a “lemon”? A new vehicle that is no more than a year old and still under warranty is classified as a “lemon” if: · It has a serious defect the manufacturer or dealer(s) didn’t fix in four tries, or · It has one or more defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive). What vehicles are covered? The law covers any new car, truck, motorcycle or motor home, or other motor-driven vehicle, including demonstrator or executive-driven vehicles that are purchased, leased, or transferred to a consumer in Wisconsin. It does not cover vehicles purchased in other states or via the internet that are delivered outside Wisconsin. The law does not apply to mopeds, semitrailers or to trailers designed for use in combination with a truck or a truck tractor. How long are you covered? The Lemon Law includes a three-year window for filing a Lemon Law claim. This three-year time frame STARTS at first delivery of the motor vehicle to a consumer. Call Erich Scherr for a free consultation, (414)467-3767

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