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Recent Blog Posts
5 Common Causes of Distracted Driving in Wisconsin
Distracted driving is a major issue throughout the United States, contributing to more than 400,000 injuries and almost 3,000 deaths each year, according to the National Highway Traffic Safety Administration. In Wisconsin alone, distracted driving is a factor in over 24,000 annual car accidents, accounting for roughly 20 percent of all crashes. If you are injured by a distracted driver, understanding some of the common causes of distracted driving may help you make the case for the driver’s negligence.
What Behaviors Lead to Distracted Driving?
A variety of different behaviors can occupy a driver’s eyes, hands, or mental processes in a way that prevents them from fully attending to the task of driving and increases the risk of an accident. Some of the most common issues include:
- Using a cell phone. Phones and other mobile devices are perhaps the most well-known cause of distracted driving. Texting while driving is illegal in Wisconsin, but any form of handheld cell phone use can also be dangerous.
How Can I Assert My Constitutional Rights in a Criminal Proceeding?
Among other things, the United States Constitution’s Bill of Rights provides several protections for those who are facing a criminal arrest or trial. However, in the heat of the moment, it may be hard to know whether your rights are being honored and to ensure that you are taking full advantage of them. Taking the time to learn about your constitutional rights and how to assert them can often help you avoid an arrest or conviction in the event that you have a run-in with law enforcement.
Fourth Amendment Protections from Unreasonable Search and Seizure
The Fourth Amendment protects your person, house, papers, and effects from search and seizure without a warrant or probable cause, and it also states that a warrant must be specific with regard to the property to be searched and the potential items to be seized. There are a few circumstances in which law enforcement is permitted to perform a search without a warrant in Wisconsin, but if an officer attempts to search you or your property, you should always ask to see a warrant first, and you should clearly state that you do not consent to a search without a warrant. If an officer proceeds without a warrant, with an invalid warrant, or in a way that exceeds the scope of the warrant, your attorney can help you challenge the validity of the evidence obtained.
How to Co-Parent Effectively During the Holidays in Wisconsin
Sharing physical custody of your children after a divorce can be a challenge throughout the year, but it is often especially difficult during the winter holidays. This year may be more difficult than ever as you balance your desire to spend time with family with the need to stay safe during the COVID-19 pandemic. In this year and others, it is important that you and your children’s other parent have a plan to co-parent effectively during the holiday season.
Suggestions for Holiday Co-Parenting
If you consider the following suggestions, you may be able to take some stress out of co-parenting both during this holiday season and in years to come:
- Address holidays in your parenting plan. Wisconsin law specifically mentions holidays as an important consideration when establishing a parenting plan during the divorce process. Making decisions about how you and the other parent will divide and share holiday time can help prevent uncertainty and conflict later on.
When Can a Trucking Company Be Liable for a Truck Accident?
Accidents involving large trucks claim the lives of nearly 70 Wisconsinites each year and leave more than 2,000 injured, many of whom are the occupants of other vehicles. The dangers of truck accidents are clear, due to the large size of the vehicles and their heavy cargo. What is not always so clear is who is at fault. If you have been injured in a collision with a semi-trailer truck, you may assume that the truck driver is your only option for pursuing compensation, but in many cases, the trucking company that employs the driver may also be liable.
Trucking Company Negligence in Wisconsin Crashes
Usually, when a trucking company is at fault for an accident, it is because it failed to take the necessary measures to ensure the truck’s safe operation. Often, this means that a company violated regulations established by the Federal Motor Carrier Safety Administration (FMCSA). Some of the most common violations include:
- Hours of service: Truck drivers are only allowed to be on the road for a certain number of hours each day and each week, and their time behind the wheel must be interspersed with breaks and off-duty periods. Drivers must also keep detailed records of their hours of service. If an accident occurs because the driver was fatigued, the trucking company can be liable for failing to enforce the hours of service regulations or for encouraging the driver to falsify records.
What Factors Affect a Child’s Physical Placement in Wisconsin?
For parents and children alike, one of the hardest parts of a divorce is adjusting to a life split between two households. In most cases, neither parent is able to spend the time with their kids that they did before the divorce. This can be extremely difficult on an emotional level, and it can also involve logistical challenges related to arranging schedules and transportation.
You may take some solace in the fact that Wisconsin law recognizes the importance of a child’s relationship with both parents, and courts will usually make an effort to grant both parents meaningful time with their children. That said, it is still important that you understand the factors the court will consider in decisions regarding physical placement so that you can make a strong case for an arrangement that meets your family’s needs.
Important Considerations in Physical Custody Decisions
Wisconsin courts will consider a number of factors when determining whether a physical placement arrangement is in your children’s best interests. Some of the most important include:
How to Pursue Compensation After a Wisconsin Pedestrian Accident
In 2018, more pedestrians were killed in car accidents nationwide than in any year since 1990, according to the National Highway Traffic Safety Administration (NHTSA). These effects are felt close to home in Wisconsin, where more than 50 pedestrians died and more than 1,400 were injured in the same year. If you are struck by a vehicle while walking on or near the road, your injuries can be especially serious, and it is important that you know your options for pursuing compensation.
Common Causes of Pedestrian Accidents
A variety of factors may be involved in an accident between a vehicle and a pedestrian. The NHTSA reports that some of the most common include:
- Low visibility: A large number of pedestrian accidents occur at night and in the dark, in part because of the difficulty drivers may have in seeing a pedestrian.
- Urban areas: 80 percent of pedestrian accidents occur in urban areas where there is a greater amount of both vehicle and pedestrian traffic.
Can I Modify My Spousal Maintenance Order in Wisconsin?
During a Wisconsin divorce, the court may decide to award spousal maintenance or alimony payments if one of the parties has a substantial need for support or if there is a significant difference in the income, assets, or earning capacity of the two spouses. However, a person’s financial situation is ever-changing, and in the months and years following a divorce, the original reasons for granting maintenance may no longer apply. If this has happened to you, you may be able to obtain a modification to your spousal support order.
Reasons for a Post-Divorce Modification of Spousal Support
As bothersome as you may find it to pay spousal support after your divorce, you cannot seek a modification simply because you no longer wish to pay. Rather, in order for your petition for modification to succeed, you will need to demonstrate a substantial change in circumstances. Any of the following could constitute a valid reason for pursuing a modification:
Understanding 3 Common Types of Adoption in Wisconsin
Adopting a child can make a huge difference in his or her life by providing a loving parent and a source of safety, support, and stability. That said, a successful adoption also requires a major commitment on the part of the parent, and that starts with making sure that you follow the appropriate legal procedures to make the adoption possible. Here are some important things to note about three common types of adoption to help you prepare for your adoption process:
Wisconsin Step-Parent Adoptions
If you have married someone who already has children, you may be able to proceed with a step-parent adoption to become their legal guardian. This is only possible if the children’s other biological parent is deceased or has had his or her parental rights terminated. During the process of a step-parent adoption, you may need to obtain consent to the termination of rights from the other parent, or you may need to demonstrate to the court that the other parent is unfit. You will then typically need to file a petition for adoption, submit to an investigation by the Wisconsin Department of Children and Families (DCF), and attend a court hearing where the judge will rule on the adoption.
What Are Some Common Property Division Conflicts in a Wisconsin Divorce?
Dividing marital property can be one of the most difficult parts of a divorce, not only because you and your spouse may both have strong personal feelings about many of your possessions, but also because you each need sufficient assets to support yourself after the divorce. As you prepare for your divorce, you should take note of some of the assets and properties that often cause conflict so that you can make a plan to address each one.
How Is Property Divided in a Wisconsin Divorce?
In Wisconsin, divorcing couples are required to divide all marital property, which generally includes anything acquired by either spouse during the marriage except in the case of a gift, inheritance, or benefit related to someone else’s death. Wisconsin also has a baseline requirement that marital property be divided equally between both spouses, meaning a 50/50 split, although this can sometimes be adjusted based on factors including the length of the marriage, each spouse’s contributions to the marriage, and each spouse’s earning capacity and financial needs.
How Can I Recover Damages After a Wisconsin Motorcycle Accident?
Motorcycle crashes in Wisconsin are particularly dangerous, with over 90 percent of motorcyclists who are involved in an accident suffering an injury or losing their lives. Perhaps even more astonishingly, nearly 14 percent of all vehicle accident fatalities are motorcyclists, despite the fact that they account for less than 2 percent of Wisconsin accidents. It is clear that an accident can have a severe impact on a motorcyclist’s life, and if you have been injured by another driver, it is important for you to understand how you can pursue compensation for the damages you have suffered.
Common Causes of Motorcycle Accidents
When a motorcycle accident is caused by another driver, it is often because the other driver failed to see or detect the motorcycle, perhaps because of a distraction, inattentiveness due to driver fatigue, or alcohol impairment. As with other types of accidents, excessive speed can also be a contributing factor. Some motorcycle accidents also occur because another driver fails to respect or account for the motorcyclist’s right to share the road.
