Reckless driving around famous Milwaukee corridors such as Capitol Drive, Lincoln Memorial Drive and even Fond du Lac Avenue almost always involve the perpetrator driving at break-neck speeds which can turn your everyday commute into a life-altering event. When an aggressive driver peels through traffic as if they’ve been told there’s a crashed alien craft in the CBD, weaving through active traffic lanes as well as blowing through red lines, it is only a matter of time before they crash into a vehicle in a broadside impact. The physical consequences are more often than not catastrophic: multiple pelvic fractures, traumatic brain injuries, spinal cord injury, and even ruptured spleens, to name a few. This usually necessitates many months of inpatient surgical recovery, immobilizing you in abed while life passes you by, and the medical bills pile up. In the midst of the trauma and the daily, chronic pain, you tell yourself that the at-fault driver’s insurance carrier will do the right thing and see that you are the aggrieved one, and pay up so you can handle your bills, lost wages and other damages you accrued. 

Can You Recover Compensation Beyond the At-Fault Driver’s Insurance Policy Limits?

However, in the real world where insurance companies are known as one of the most psychopathic entities in the country, if not the world, you get the shock of your life when the claims department assigns a defense handler whose role is to carry out damage control. They start by stating the incident was a simple “failure to yield” or benign “driver negligence” and that your injuries are simply not catastrophic. To add insult to injury, they continue by saying that your claim can only fall within the limits of the driver’s bodily injury liability limits. In such instances, without aggressive legal representation, you may be forced to shoulder the financial burden of someone else’s dangerous behavior. Read on to find out how we can shield you from the deceptive and unethical practices of the insurance company if you sustained a car accident anywhere in Milwaukee. 

Get Help From an Experienced Milwaukee Car Accident Lawyer

Are you looking for the Milwaukee car accident attorney for your auto accident claim? Please call the experienced auto accident attorneys at McCready Law NOW at (314) 481-63338 to learn more about how we can help you obtain full financial compensation for your crash injuries. The experienced personal injury attorneys at McCready Law bring to the table combined experience spanning over 90 years where we have helped accident victims fight aggressive insurance companies with speed, efficiency, and reliability. To date, we have recovered over $500 million for our clients, and our proven track record in complex motor vehicle claims places us at a level that is unmatched in personal injury litigation. We take on cases on a contingency fee basis, and the first call to us is consulted on a 100% FREE basis.

Regardless of where your crash occurred in Milwaukee County, McCready Law can assist with your auto accident claim, and we will handle the entire legal and investigative process from start to finish so you can focus on healing while we pursue every available dollar. Need to speak to someone regarding the potential for a fast and efficient car accident recovery? Call us NOW at (314) 481-63338 to learn more about our legal services – our intake coordinator is standing by to route your call to one of our experienced attorneys.

How to Weaponize Wis. Stat. § 895.043 to Break Policy Limits via Punitive Claims

What liability adjusters for the insurance company do not tell you is that reckless driving is not thought of as simple negligence, and it usually bleeds into what is known as statutory punitive liability. Under Wis. Stat. § 895.043(3), an injured plaintiff can legally recover punitive damages if the defendant acted in a malicious manner or in an intentional disregard of the rights of the plaintiff. This was demonstrated in Wischer v. Mitsubishi Heavy Industries America, Inc., where it was clear that establishing an intentional disregard doesn’t require proving that the other driver intended to cause a crash; it only requires proving that the driver intentionally committed an act with knowledge that injury or a violation of another party’s rights was practically certain to occur. 

Here are some of the legal strategies we employ in order to plead punitive damages under § 895.043:

1. Manufacturing an Irreconcilable Insurer Conflict: Usually, automobile liability insurance policies exclude coverage for punitive damages as a matter of both public policy and law. However, by establishing a prima facie case for punitive damages, we force the insurer to issue a formal Reservation of Rights letter to the driver, letting them know that their real estate, personal assets and future wages are in jeopardy. This creates friction between the insurer and the defendant, which shatters their united front. 
2. Triggering Bad-Faith Exposure via Mowry v. Badger State Mutual Casualty Co. – When an insurance company says no to a reasonable and timely policy-limits demand while their insured individual faces personal exposure of a catastrophic nature via a punitive award, this exposes the insurance company to third-party bad faith under Mowry v. Badger State Mutual Casualty Co. Should the insurance company continue with their assault and lose, they could be held financially viable for the total excess verdict. 

Reckless Driving Milwaukee Car Accident Lawyers – Call Us Today! 

Last but certainly not least, we can subpoena the defendant’s entire financial balance sheet once the court grants leave to plead punitive damages, which can expose any hidden personal assets needed to satisfy a judgment. At McCready Law, we use these and more tactics to ensure that you are made fully whole after being hit by a reckless Milwaukee driver. Need more information on how much your case may be worth? Please give us a call NOW at (314) 481-63338 to learn more. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us and we look forward to helping you.