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Recent Blog Posts
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?
By 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.
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?
By 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?
By 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.
Can a Criminal Conviction Affect My Parental Rights in Wisconsin?
If you are facing criminal charges, you are likely concerned about the potential penalties, including fines and imprisonment. However, the impact a conviction may have on your parental rights regarding your current and future children can be equally concerning. Convictions for violent and sensitive crimes, in particular, can impact your relationship with your children, so it is important that you hire a skilled attorney who can help you defend against false, exaggerated, or unfair allegations.
Criminal Records and Child Custody in Wisconsin
One way that a criminal record can affect your parental rights in Wisconsin is in legal proceedings involving child custody and placement, including after a divorce or separation. When determining whether to award a parent sole or joint custody of a child, the court will consider first and foremost whether the decision is in the child’s best interests. If a parent has a history of child abuse, interspousal abuse, other forms of domestic abuse, or alcohol and drug abuse, the court may rule that the parent poses a risk to the child’s well-being, and it may award full custody to the other parent as a result. Relevant criminal convictions may be used as evidence to establish a parent’s history of abuse.
Can I Relocate With My Children After a Wisconsin Divorce?
It may seem odd that the decision to move to a new location could belong to anyone other than yourself, but the fact is that after a divorce involving minor children, this is often the case. As frustrating as this may be, your relocation can affect not only your own life, but also your children’s other parent, and perhaps most importantly, your children. This does not mean that you can never move after your divorce, but it does mean that you will sometimes require legal approval to do so.
When Does Relocation Require Court Permission in Wisconsin?
Moving is a necessary part of almost any divorce, since at least one partner will have to find a new home after the separation. In Wisconsin, moves to a location within 100 miles of the other parent’s residence typically require no special approval. However, if you are planning to move 100 miles or more, you will need to follow the necessary procedures, which include:
What Damages Can I Pursue in a Wisconsin Personal Injury Case?
Car accidents affect a large number of Wisconsin residents each year, with more than 30,000 resulting in injuries and more than 500 resulting in fatalities. Unfortunately, many of the people affected bear no fault for the damages they suffer. If you have been injured, you may be facing expensive medical treatment in the immediate future as well as lasting consequences that can affect you for the rest of your life. When these challenges feel like too much to bear, you need an attorney who can help you identify all damages for which you can pursue compensation from an at-fault party.
Possible Damages Awarded to Wisconsin Personal Injury Victims
When your injuries are caused by the negligence of another driver or a third party, you have the right to pursue compensation through a personal injury claim. When determining how much compensation to pursue, you should consider all of the following:
- Medical expenses: The cost of treatment for your injuries may be significant both initially and over time. You should keep records of all expenses related to your medical care, including transportation and emergency treatment, examinations, surgery, medication, and rehabilitation, as you may be able to pursue compensation for the entirety of these costs.
