Semi-Truck Driver Regulations For Fatigue and Alcohol

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Everyone who drives a vehicle in Wisconsin is required to abide by certain rules and regulations; this is true whether you are driving a bicycle or an automobile. Because of the size of their vehicles and theinherent dangers of driving for long periods of time at high speeds, those whodrive semi-trucks are bound by more stringent laws than others. Those who drivefor carriers engaged in interstate trucking (driving across state lines) are subject to, among other laws, the Federal Motor Carrier Safety Regulations
(FMCSR).

For instance, drivers who are subject to the FMCSR are not allowed to drive their commercial vehicle when their ability or alertness is affected by illness or fatigue. These drivers also face heightened restrictions regarding alcohol. The drivers are not allowed to imbibe alcohol or have more than a 0.02 BAC  at anytime within the four hours leading up to the operating of their vehicle.

These prohibitions also govern the drivers’ employers. If an employer believes that a driver is in violation of these FMSCR provisions, the employer must not allow the driver to operate his or her commercial vehicle. Violations of the FMSCR can be substantial factors in causing accidents; if you have been involved in a collision with a semi contact Nicolet Law Office today.

Written by: Russell D. Nicolet

*please note that this is general information only and not intended to be legal advice. If you have questions or need legal advice please setup an appointment with our attorney, or an attorney of your choosing.

Russell is an attorney with Nicolet Law Office, S.C. Russell represents injured clients in Hudson, New Richmond, River Falls, Prescott, Ellsworth, Roberts, Osceola, St. Croix Falls, Menomonie, Eau Claire, Chippewa Falls and surrounding areas of Wisconsin and Minnesota.

Nicolet Law Office, S.C. has offices in Eau Claire, WI, Hudson, WI, and Woodbury, Minnesota and handles car accidents and other personal injury claims. For more information call 715-377-2141 or 715-835-5959 or visit www.nicoletlaw.com or www.eauclaireinjurylaw.com

Trempealeau County Semi-Truck Accident 11/2/11

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STORY FROM 11/02/11 from the WEAU website-

A man and a woman are confirmed dead after a fiery crash that closed down a seven-mile stretch of I-94 east for hours. The wreck involving three semis happened late Wednesday morning, about a mile west of the Osseo exit.

Investigators spent much of the day searching the wreckage for whatever caused the fire but at this point, there’s no word on why the westbound semi crossed over onto I-94 east.

A state patrol captain who happened to be on his way to the agency’s academy was just behind the crash when it happened. Lt. Jeff Lorentz told us.

That also helped crews get to what investigators call an extremely dangerous crash scene faster.

Investigators have yet to confirm which semis the victims were inside at the time of the crash, only to say there were “co-drivers” in some, and may have been two or three people in each. The victims’ names haven’t been released.

A dog was also killed in the crash.

At about 7 p.m. Wednesday, The Wisconsin State Patrol said crews re-opened I-94 east between Osseo and Foster.

What Is A Personal Injury?

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The term, “personal injury” is often used, but what exactly does it mean? “Personal Injury” is a blanket term for cases and legal actions relating to harm suffered by one or more individuals. Lawsuits stemming from bodily harm sustained by car accidents, slip and falls, dog bites, defective products, or other incidents involving a lack of due care would all be considered personal injury cases. In a personal injury case an attorney can help you determine what you and your family’s damages are. Basically, damages are the losses which you have incurred because of your injury. These losses can include damage to property, medical expenses, lost wages, pain and suffering, and more.

In some cases your family may also be eligible for damages such as loss of services and loss of consortium After coming up with an approximate dollar amount for your damages, your attorney will contact the person or persons who injured you (or their attorneys), as well as any insurance companies (or their attorneys) which cover them. This contact is important for two reasons. First, your attorney will inform these other parties that you are represented by an attorney. Secondly, your attorney will may initiate negotiations with the other side, and try to “settle” your case. If a case is “settled” it means that compromise was reached and you should receive a fair payout without going to trial. Your attorney will work to settle your case with these other parties before actually filing a lawsuit. Sometimes, comprise can be reached at this point and no further action is needed. If a settlement cannot be agreed upon by your attorney and the other side, your attorney will file a summons and complaint with the court and the other parties, naming the other parties as defendants and initiating a lawsuit against them.

A lawsuit can be a complicated process; once filed, your attorney will continue the work he or she started in the settlement phase by further interviewing witnesses and experts, collecting documents and records held by the other side, conducting depositions, and performing many other tasks on your behalf. At this point a deal can sometimes still be worked out between your attorney and the other side. If not, a trial will eventually be held. You and your attorney will have decided if you want to have a “bench trial” in which a judge renders the decision or a “jury trial” in which your case is presented to a jury which renders the decision. Unless there is an appeal, the judge or jury’s decision is one of the last steps in a lawsuit. Contact an Wisconsin Personal Injury Attorney today to explore your options and to help determine what you are entitled to.

Written by: Russell D. Nicolet *please note that this is general information only and not intended to be legal advice. If you have questions or need legal advice please setup an appointment with our attorney, or an attorney of your choosing. Russell is a wisconsin personal injury attorney with Nicolet Law Office, S.C. Russell represents injured clients in Hudson, New Richmond, River Falls, Prescott, Ellsworth, Roberts, Osceola, St. Croix Falls, Menomonie, Eau Claire, Chippewa Falls and surrounding areas of Wisconsin. Nicolet Law Office, S.C. has offices in Eau Claire, WI, Hudson, WI and Woodbury, MN and handles car accidents and other personal injury claims.

For more information call 715-377-2141 or 715-835-5959 or visit www.nicoletlaw.com or www.eauclaireinjury.com

Giving a Statement?

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After an accident most people are shaken and confused, some are even dazed and injured, however, many will give an near immediate statement as to their account of how the accident happened.  This can be dangerous.

The obvious reasoning behind getting an account of what happened as soon as possible after the accident is to capture all the details while memories are still fresh and witnesses are available. However, there is a large problem with this course of action; primarily it is because the individuals involved in the accident are under severe stress, high adrenaline, and often pain (sometimes very severe pain), which can lead to an account which may not be accurate. Unfortunately, this inaccuracy, caused by duress, could possibly be used later as proof or evidence of what happened even though it was taken under duress and may be a flawed statement.

Generally the best course of action is to get the police involved and seek medical attention. Then at a later time, with the pain, emotion, and other factors gone or at least reduced make an educated and clearheaded decision to give a statement. It is also a very good idea to at least discuss this decision with an attorney (even if you are not sure you want to hire attorney to represent you in the case) BEFORE you actually do give a statement.

Prematurely giving a statement can not only hurt your future case and your right to be made whole, but even worse it can limit the ability for everyone to truly understand what happened that day.

Written by: Russell D. Nicolet

*please note that this is general information only and not intended to be legal advice. If you have questions or need legal advice please setup an appointment with our attorney, or an attorney of your choosing.

Russell is an attorney with Nicolet Law Office, S.C. Russell represents injured clients in Hudson, New Richmond, River Falls, Prescott, Ellsworth, Roberts, Osceola, St. Croix Falls, Menomonie, Eau Claire, Chippewa Falls and surrounding areas of Wisconsin and Minnesota.

Nicolet Law Office, S.C. has offices in Eau Claire, WI, Hudson, WI, and Woodbury, Minnesota and handles car accidents and other personal injury claims. For more information call 715-377-2141 or 715-835-5959 or visit www.nicoletlaw.com or www.eauclaireinjury.com

Hudson Wisconsin Man Died in October 2011 Truck-Pedestrian Accident

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An accident Tuesday afternoon, October 4th on I-94 near Hudson, Wisconsin has left a Hudson, Wisconsin man dead. The state patrol identified the victim as Andrew Michael Heimstad, 43, of Hudson, Wisconsin.

The State Patrol reported that Hiemstad was parked on the right shoulder of eastbound I-94 between mileposts five and six. The state patrol indicated that Heimstad exited his pickup truck and walked into the right eastbound lane of traffic and into the path of an eastbound semi-truck. Investigators did not find anything mechanically wrong with Heimstad’s pickup truck and it’s unclear why he parked by the side of the interstate.

Documenting Injuries and Expenses After an Injury

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Often someone has recently been injured will ask what they should do after having reported the accident to law enforcement and seeking initial medical attention.

It is typical to be overwhelmed and even confused as to what to do next in the days following an injury. Generally the first and most important item should be continuing with medical treatment and following the medical professionals device whether it be regarding medication, rest, further treatment, etc.

However, another important step to take is that of documenting.  A basic notebook works well to keep track and organize. (If you would like a specific notebook for documenting mileage, out-of-pocket costs, and pain please feel free to contact my office and we would be happy to provide you one at no charge).

First, it is a good idea to start keeping track of all mileage that incurred traveling to and from medical appointments by listing the date of the appointment the starting point(typically home or place of employment), the location of the medical appointment, and the point of return (again, typically home or place of employment).

Second, it is an excellent idea to keep track of all out-of-pocket expenses for things such as prescriptions, over-the-counter medications, and other items purchased because of the injury(ies).

Third, and probably most important document the injury and the effect is has on your day to day life. It is great to list an entry for every day that you encounter pain, nausea, headaches, sleep issues, stiffness, inability to participate in normal activities and other important notions that are associated with the injury(ies).

Clearly,  the documentation above takes time and effort, which can be difficult after having sustained an injury, however, documentation can help track your injury, your improvement, can be useful for your medical provider, and can also help quantify and support a damages claim you or your attorney make submit to the insurance company or even a jury.

Written by: Russell D. Nicolet

*please note that this is general information only and not intended to be legal advice. If you have questions or need legal advice please setup an appointment with our attorney, or an attorney of your choosing.

Russell is an attorney with Nicolet Law Office, S.C. Russell represents injured clients in Hudson, New Richmond, River Falls, Prescott, Ellsworth, Roberts, Osceola, St. Croix Falls, Menomonie, Eau Claire, Chippewa Falls, Bloomer, Ladysmith, Cadott, Mondovi, Menomonie, and surrounding areas of Wisconsin.

Nicolet Law Office, S.C. has offices in Eau Claire, WI, Hudson, WI and Woodbury, MN and handles car accidents and other personal injury claims. For more information call 715-377-2141 or 715-835-5959 or visit www.nicoletlaw.com or www.eauclaireinjury.com

Welcome to the Wisconsin Semi-truck Accident Blog Published by Nicolet Law Office, S.C.

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Welcome to our blog on semi-truck accidents in Western Wisconsin.

This blog is provided by Nicolet Law Office, S.C. for general information on semi-truck accidents and truck accidents injuries in Western Wisconsin. This website is for general information only and is not legal advice.  For legal advice please setup a consultation with our attorney or with another attorney of your choosing.

Nicolet Law Office, S.C. is a law firm focusing in car accidents, injuries, and bankruptcy. Nicolet Law Office, S.C. has offices located in Hudson, Wisconsin and Eau Claire, Wisconsin. For more information visit:

www.eauclaireinjurylaw.com or

www.nicoletlaw.com