April 04, 2009
/24-7PressRelease/ -- Article provided by Aiken & Scoptur, S.C. Please visit our Web site at
http://plaintiffslaw.com
More than 100,000 motor-vehicle crashes occur in Wisconsin every year, killing approximately 700 people. The victims in these crashes include drivers, passengers, pedestrians, bicyclists and motorcyclists. Major contributing factors include alcohol, driver inattention and speed. Some of these crashes could have been prevented with defensive driving techniques.
Accidents Involving Trucks and Cars
Trucks require a longer stopping distance than cars, and trucks make wider turns. Truck drivers who fail to compensate for such differences, along with drivers whose trucks are overloaded or unevenly loaded, put those who share the road in peril. Additionally, while most truck drivers do their best to drive safely, some push the limits by driving too fast, too long and without enough sleep.
A car driver should never take for granted that a truck driver is aware of the car. Trucks' large mirrors and high stance do not mean that their drivers can see everything. Even when a truck driver is acting as safely as possible, danger still exists. Blind spots, for instance, are a serious problem. Blind spots extend up to 20 feet in front of and beside the truck and up to 200 feet behind the truck. Car drivers should assume that if they cannot see trucks drivers in the trucks' side mirrors, truck drivers cannot see them either. If car drivers avoid trucks' blind spots, especially when merging, their chances of being in crashes are significantly reduced.
Accidents Involving Vehicles and Pedestrians
Another uneven match is between vehicles and pedestrians. Pedestrian laws in Wisconsin dictate when vehicles must yield the right of way. These laws, however, are not always respected. Neither is the law that says drivers must use their headlights during conditions of poor visibility. Pedestrians must remain vigilant near roadways.
Wisconsin law says that drivers must yield to pedestrians and bicyclists who are crossing roads at intersections or crosswalks; where there are "walk" signals or green lights with no signals; or sidewalks that cross alleys or driveways. Vehicles also must not pass other vehicles that are allowing pedestrians or bicyclists to cross.
When a pedestrian "jaywalks," the pedestrian, rather than the vehicle, is required to yield the right of way. Jaywalking is crossing the road anywhere other than in a marked or unmarked crosswalk. A pedestrian with a guide dog or a white cane, on the other hand, always has the right of way.
Pedestrians should be aware of the rules of the road that apply to them. They should also take notice of the vehicles around them, never assuming that others will obey the law, too.
Accidents Involving Larger Vehicles and Motorcycles
Motorcycles, though powerful and agile, are vulnerable to larger vehicles on the road. Drivers of cars and trucks can fail to notice motorcycles, even when driving conditions are good. Particularly during the beginning of motorcycle-riding season in the spring, drivers lack awareness.
While the noise of motorcycles can make them more conspicuous, motorcycle riders should always drive defensively. They must be on the lookout for car and truck drivers who could pull in front of them while turning or squeeze them out of highway and road lanes. Cars and trucks have blind spots that motorcycles can fit into more easily than larger vehicles can.
Wisconsin law does not require most motorcyclists to wear helmets. The lack of a helmet, therefore, is unlikely to indicate legal fault on the motorcyclist's part, although helmets generally lessen the likelihood of injury and death in an accident. Eye protection or a windshield is required by law.
Wisconsin's Comparative Fault Law
Wisconsin uses a comparative fault law. This means that a person who has been injured in a crash and decides to sue may only recover if he or she is less than 51 percent at fault for the crash. If, for instance, the injured party is 50 percent at fault and has $10,000 in damages, the damages will be reduced proportionately by the amount of fault (50 percent), and the injured party will collect $5,000. If the injured party is 51 percent at fault, however, he or she will collect nothing.
Defensive driving can go a long way toward preventing motor-vehicle crashes. If drivers work to become more aware of their surroundings, Wisconsin should see a reduction in the number of crashes and deaths each year.
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