Illegal U-Turn by Truck Driver Causes Serious Accident
Our young client was severely injured when a City of Milwaukee Sanitation
worker made an illegal U-turn on 101st Street in Brown Deer, Wisconsin. The driver attempted to swerve but a
serious crash resulted in extensive personal injuries to our client.
This case was complicated by Wisconsin immunity laws that limit liability
for personal injury accidents for municipalities such as Milwaukee. In
this case, our personal injury lawyers at Samster Konkel & Safran,
S.C. were able to obtain maximum recovery from the City of Milwaukee truck
driver, as well as insurance policy limits recovery from the car in which
our client was a passenger.
The compensation our client received helped pay for medical expenses, medical
equipment and rehabilitation past and present. Because our client was
a minor, we were able to obtain court approval for a maximum policy limits
recovery and assure that funds would be available for her after she turned eighteen.
Investigation Finds a Witness of Car Accident
Our client was nine months old when she was seriously injured in a Wisconsin
automobile accident. She was a passenger in a car that was t-boned by
a pickup truck at 16th & National Avenue in Milwaukee, Wisconsin.
Her mother was also injured and could not remember what happened in the
car accident. Because this was rush hour, all of the potential witnesses
had left the scene by the time the police arrived. There were conflicting
stories between the drivers as to who had the red light and who had the
After our Milwaukee personal injury law firm was retained, we hired an
expert to do a car accident reconstruction and had engineers evaluate
the damages to the vehicles in order to determine how fast the drivers
were going and which driver was negligent. That elusive witness, however,
still held the key.
This is what makes us different from other area law firms. Our Milwaukee
auto accident lawyers at Samster Konkel & Safran, S.C. decided to
stake out the bus stop at the intersection for several days to try to
find people that may have seen the accident. Within several days, we were
able to find not only one, but two witnesses that confirmed both the color
of the lights and the excessive rate of speed that the colliding pickup
truck was traveling at the time of the accident.
Motorcyclist Struck by Intoxicated Driver
Policy limits for a motorcyclist that was hit when an intoxicated driver
crossed the centerline. Notable because we were able to triple the policy
limits after a successful appeal of a denial of coverage. Also defendants
claimed our client at fault for driving a cycle in the rain in the first
place. Court did NOT buy it.
Work Place Accident-
Machinist Injured on the Job
Jury verdict for a machinist injured on the job and subsequently developed
a serious infection. Defense claimed at trial that the man’s wife
partially to blame for not recognizing the infection.
Death of an 11 Year Old Girl Riding Her Bike
Jury verdict for insurance policy limits in favor of a Brookfield family
for the death of their 11 year old daughter struck on her bicycle. We
claimed the car driver was speeding through the neighborhood. The defense
hired an engineer to testify the car driver was not speeding after the
engineer conducted an “accident reconstruction”. The jury
threw out that testimony when we were able to prove the engineer relied
on a false interpretation of the damage to the bicycle.
Recently our Milwaukee defective product injury lawyers at Samster Konkel
& Safran, S.C. secured a recovery for a client who was injured while
using exercise equipment. Our client was using an inversion therapy table,
and while in an inverted position a weld failed causing the equipment
to collapse. In the fall from the table, our client suffered head and
Our investigation revealed that the company had problems with similar equipment,
which had been subject to a recall by the
Consumer Product Safety Commission. We brought a claim against the company which distributed the equipment
and its insurer, alleging that it had a duty to ensure that the equipment
was provided to the public in a safe condition and free from defects.
This case was resolved, prior to a lawsuit being filed. At the conclusion
of the claim, the company picked up the equipment from the client’s
home and gave a full refund!
Slip & Fall
Elderly Woman Injured in Fall
We represented an elderly woman who slipped and fell on her way from her
apartment in Oak Creek, Wisconsin, as she was headed to her car in a separate
garage structure at the apartment complex. The sidewalk which she would
have normally used to walk from the apartment building to the garage was
covered with piles of snow because the snow plows had cleared the parking
lot behind the building and pushed the snow up towards the building and
covering the sidewalk area.
This situation represented at least 3 wrongdoings on the part of the building owner:
- He did not maintain a safe walking area
- He did not attempt to rapidly fix the unsafe conditions
- He did not warn people about the hazardous conditions
How the Slip and Fall Occurred
Our client was required to walk out into the parking lot to get to the
garage structure. Due to snowy conditions from a snowfall that morning,
and unaware of icy conditions under the snow, she fell in the parking
lot, resulting in a fracture to her hip, and requiring hospitalization,
surgery and extensive rehabilitation. Our client laid on the parking lot
for almost twenty minutes, but was finally able to use her cell phone
to call a relative, who then came to the scene and called 911.
We filed a claim against the apartment complex’s insurance company,
alleging that Wisconsin’s Safe Place Statute
Section 101.11, applied to this case and imposed a greater duty on the apartment complex
owners and operators to maintain the premises as free from danger “as
the nature of the employment, place of employment or public building,
will reasonably permit.” The Milwaukee personal injury case was
recovered, prior to a lawsuit being filed, for a substantial amount of money.
Fatal Accident in Milwaukee When Truck Hit Bridge Abutment
A tragic case, which was reported in the Milwaukee Journal Sentinel, among
other news outlets, involved a loaded semi-truck that struck a sign bridge
while going around a curve on the Marquette interchange in Milwaukee.
The resulting truck accident caused the sign bridge to collapse, striking
an automobile and a Milwaukee County Bus. The driver of the automobile
was killed. To add to the tragedy, the young woman was on the way to her
wedding shower when the truck hit the bridge, causing this accident. The
driver of the bus was also seriously injured. Multiple lawsuits followed
this tragic case.
During our investigation it was determined that the truck driver, and the
trucking company, violated numerous Federal Motor Vehicle Carrier Safety
Regulations, specifically including FMCSR §396.13 and FMCSR §392.9.
Our investigation also revealed that a cause of the driver losing control
of his semi-truck and trailer was as a result of improper loading of cargo
in the trailer.
This investigation caused us to not only sue the semi-truck driver and
the common carrier that employed him, but also the warehouse in Seattle,
Washington that was responsible for the loading of the cargo. Our investigation,
and expert witnesses retained on behalf of our client, discovered even
more violations of Federal Regulations including FMCSR §393.100 and
While nothing can reverse the tragedy of a serious injury or death, in
this case the responsible parties were held civilly responsible through
the hard work and diligent investigation of this case.
Child Struck By Car
Represented a young child who was crossing a street in the middle of the
block. He was struck by a vehicle whose driver claimed that he did not
see the child and that he was unable to avoid the collision. The driver’s
insurance company denied the claim and refused to make any payment. We
were able to locate a witness who was traveling two cars behind the vehicle
which struck our young client. That witness said that he saw the boy before
he got to the street and then saw him attempt to cross the busy roadway.
The witness said he slowed down because he was concerned that the boy
would be unable to get across the street in time to avoid being struck.
The witness said that the driver who struck the boy never slowed down
and did nothing in any attempt to avoid striking the boy. After providing
the witness information to the insurance company for the driver who struck
our client, the insurance company resolved the claim for the maximum limits
of insurance coverage available under the insurance policy.
Unsafe Workplace on Wisconsin Construction Site Causes Near Blindness
Worksites are some of the most dangerous places for employees. There are
many laws to promote workplace safety and to prevent work site accidents
in Wisconsin. The Occupational Safety and Health Administration “OSHA”
devotes an entire chapter of safety regulations to work site safety. In
this serious accident, our client was injured when he tripped while getting
a bucket of materials from his work truck. What would have been a simple
fall and nothing more than a bruised ego ended up causing a severe brain
injury and nearly blinded our client.
Less than a dollar’s worth of materials could have prevented this
terrible injury. Wisconsin’s Safe Place Statute and OSHA regulations
require all hazards, such as anchor bolts protruding from floors or walls
be guarded or capped. After simply losing his footing and falling backwards,
our client was seriously injured when his head struck an anchor bolt that
was required to be capped by OSHA regulations. The general contractor
was in violation of OSHA regulation 29CFR1926.16 and OSHA regulation 29CFR1926.701(b)
Our Milwaukee personal injury lawyers' investigation revealed that
the general contractor and the concrete contractor did not keep this work
site free of hazards. Because of the common nature of this type of a hazard,
simple caps are commercially available specifically for this purpose.
We commenced a lawsuit on behalf of our client against the negligent contractors
involved. The case was successfully settled after a court ordered mediation.
Our client was compensated for:
- All of his medical expenses,
- Lost wages (both in the past and in the future)
- A large cash recovery for his disability.
Hard work and a thorough investigation, while not restoring our clients
vision, helped provide him a secure future.