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Recent Blog Posts
The Truth about School Bus Accidents
There are almost a half a million school buses transporting more than 20 million children to and from school in the United States every school day. There are no escaping school bus accidents, given this level of travel, and all school bus accidents have the potential to be tragic, since our children are on them. While the school bus remains the safest mode of transporting children to and from school, in the last five years, there have been over 500 school bus crashes, averaging about 180 school bus injuries or fatalities per year.
School bus accidents occur in several ways. The bus may actually crash into another moving object or stationary object. The bus may hit a pedestrian, or a bus may be hit by another moving vehicle. Children or other occupants may get injured on the bus if the driver slams on the brakes, and many injuries occur while getting on and exiting the bus. Safety measures and public awareness have made school buses safer over the years, but school bus accidents still do occur with regularity.
When a Child Is Injured or Dies at Daycare
In July, an almost four-month-old baby named Payton McCoy died after being put down for a nap at his daycare in Milwaukee. The caregiver of the home day care center told the police that she fed Payton a bottle formula around noon, and then swaddled him and laid him down on his back, on a cushion called a Snuggle Me Cushion, on a twin bed. An hour later she found him still swaddled, but with his head against the wall and part of his face over the gap between the mattress and the wall. The woman was not licensed by the state of Wisconsin, and the mother reported that she had previously asked the provider not to use that cushion with Payton.
The daycare provider has been arrested for neglect. The fact is, if such a nightmare situation ever occurs, there is not always recourse for parents against the provider, especially an unlicensed one who may not carry insurance.
Wisconsin Marijuana Laws Not as Liberal as Elsewhere in the Nation
While Colorado and Washington state have legalized recreational marijuana, and a host of other states have decriminalized possession or are slated to in the near future, Wisconsin has not yet moved in that direction. Currently, the possession, sale and cultivation of marijuana in Wisconsin are all illegal. An arrest for any marijuana-related crime carries the potential for significant penalties and jail time in Wisconsin, and it is imperative to have an experienced and local criminal defense attorney on your side.
Marijuana Possession
Any amount of marijuana possession in Wisconsin is a crime, and the penalties vary depending on several factors. The first factor is whether it is your first or subsequent offense. In addition to the statutorily prescribed penalties for marijuana possession, 100 hours of community service will be added to any conviction of marijuana possession if the possession occurred within 1,000 feet of a school, youth center, public park, pool, housing project, jail, or drug treatment facility.
Amusement Park Injuries
Wisconsin has many recreational activities to offer residents and visitors, but those same activities present many dangers and result in numerous injuries to many who visit. Numerous accidents occur at amusement parks and waterparks in Wisconsin and throughout the United States and people are injured as a direct result of the negligence of somebody else.
If you or someone you love was injured in a waterpark or an amusement park accident in Wisconsin, an experienced personal injury attorney can help you explore all of your legal options, and recover the largest settlement possible to compensate you for your injuries.
Common Amusement Park Ride Injuries
Just this past summer, there was an incident at Wisconsin Dells Mt. Olympus Theme Park that resulted in a ride being removed from the park. The ride, called "the Catapult", is a bungee cord ride which sends riders up into the air and then bounces them. In June, as a Wisconsin adult and teen were strapped into the ride, the bungee cord snapped, and came crashing down beside them, creating a hole in the ground. The company that owns the park investigated the incident and required the ride be permanently removed from their park. Luckily, no one was injured in that incident.
Deer Collisions on the Rise in Wisconsin
State Farm insurance recently released a study which shows that motorists in Wisconsin are more likely to collide with a deer than motorists in 44 other states. The national average of drivers hitting deer is one out of every 169 drivers, while the Wisconsin average is one out of every 77 drivers.
According to the study, you are 10 percent more likely in 2015 to hit a deer on Wisconsin roads than in 2014, and since October and November are the months with the highest car/deer accident rates, now is a good time to review the steps you should take if you are in an accident involving a deer.
What Should You Do If a Deer Collides with Your Car?
Getting into a collision with a deer can be terrifying, and it is important not to lose your focus if this occurs, no matter how difficult it may be. There are a number of important steps you should take if you are in an accident with a deer. Move Your Car to Safety We understand that if you are in a collision with a deer, you are most likely going to be quite shaken up afterwards. However, according to statistics, most collisions with deer take place early in the morning or at dusk and this is when it is most difficult for other cars to see you on the road. Therefore, the very first thing you should do if you are in an accident with a deer is to move your car safety. If your car will not move, at least move yourself to safety before taking any additional steps. Whether or not your car is safe to drive is another issue, and if it feels in any way compromised (or if your airbag deploys), you should take your car directly to your mechanic (or have it towed, depending on the extent of the damage). Call the Police If you are in an accident with a deer, it is important to call the police. This is true even if your car is not substantially damaged, and especially true if the deer is lying in the middle of the roadway. It is critical to make a report of what happened so that when you make a claim against your insurance company, there is already a police report containing your best recollection of the accident circumstances. If possible, it is also a good time to take photographic evidence of the scene, and if there were any eyewitnesses, try to get their contact information. If You Are Injured, Seek Medical Care Hopefully if you are in a car accident with a deer, you are not injured. Sometimes, however, injuries happen, especially whiplash type injuries from slamming on the brakes. If you think you have been injured in any way, you should go directly the emergency room to be checked over by a medical professional. Do not wait until minor aches and pains get worse – if you have any discomfort or pain after an accident, go to the emergency room. Report the Claim to Your Insurance Company This is the final step in the process, but it is important to be clear about your goals before placing the call, and to understand the insurance policy that covers you also covers accidents in your car. The insurance company always has the goal of minimizing any payments they have to make under the policies they issue, so it is important to be knowledgeable about what your policy covers and does not cover.Conclusion
Heroin and Homicide Charges in Wisconsin
Heroin addiction is growing in Wisconsin and throughout the nation, and lawmakers are attempting to discourage this through the adoption of harsh legal penalties. Just this past June, a 36-year-old woman was sentenced to five years in prison for reckless homicide after providing heroin to a man that overdosed. She was not accused of being a drug dealer, but was still charged and imprisoned for homicide for providing heroin which resulted in death.
What Is Reckless Homicide in Wisconsin?
You can be convicted of first degree reckless homicide in Wisconsin, which is a Class B felony, if a prosecutor proves that you caused the death of another person under circumstances that show utter disregard for human life. In the circumstances described above, however, the Wisconsin legislature has determined that the appropriate charge is a Class C felony.
Will Milwaukee Patrol Officers Have Body Cameras by the End of 2016?
The past several years have seen a rise in tension between police officers and the communities in which they work, especially African American communities. Since the death of Michael Brown and the unrest in Ferguson, calls have grown louder in Wisconsin and around the country for reform. One particular reform that is being implemented in major cities throughout the country is the use of body cameras on police officers. Similar calls have been made here in Wisconsin, with differing success to date. A Tale of Two Cities There is good news on the horizon for Milwaukee residents who have been the victim of police brutality in the past. By the end of 2016, the entire Milwaukee police department may be outfitted with body cameras, much sooner than police officers in many other big cities throughout the United States. This is what the mayor of Milwaukee has proposed, and it will cost $880,000 to implement in the 2016 budget. This comes on the heels of many tense moments between police and citizens in the past year, as well as a White House task force that reported that body cameras reduce officers’ use of force and complaints about excessive force. At the same time Milwaukee is poised to lead the nation on this issue, an advisory board in Madison voted four against two in September against a pilot program requiring patrol officers to be outfitted with body cameras. A petition has been started, however, by concerned citizens to also require Madison officers to be equipped with body cameras, based on a high number of excessive force complaints. What to Do in the Meantime The budget for body cameras in Milwaukee has still not been approved, and there are no plans on the horizon for Madison officers to be outfitted with body cameras. The rest of Wisconsin lags behind the major metropolitan areas. In the interim, we continue to hear stories of citizens who feel their rights were violated by the police when they were arrested. Of course, many police officers are overwhelmingly decent and law-abiding citizens, who protect the rest of us at great personal risk to their own safety. However, there are cases in Wisconsin and throughout the nation where people’s rights are violated by overzealous police officer or in other situations where tempers flare. Do You Think Your Rights Have Been Violated by the Police?
Motorcycle Accidents Are More Severe than Car Accidents
Motorcycle accidents result in far more severe bodily injuries to the rider than car accidents, as the impact of a vehicle overwhelms the protective gear worn on a motorcycle. Even though many enthusiasts love their motorcycles, either for thrill riding or commuting, serious injuries and even death result with regularity in accidents between motorcycles and cars or trucks or other motor vehicles. As the number of registered motorcycles increases in Wisconsin, so do the number of serious accidents involving motorcycles.
You Are Likely to Be More Severely Injured on a Motorcycle than in a Car
As the rider of a motorcycle, you are exposed, and your motorcycle does not have safety features you find in a car, such as air bags and over-the-shoulder seat belts. The faster the motorcycle, the smaller and more lightweight it is, which means a collision with a passenger vehicle or another object can have critical and even fatal results. If you have been injured in a motorcycle accident, it is very important to work with experienced motorcycle attorneys from the outset.
What Types of Injuries Are Most Often Sustained in Motorcycle Accidents?
No two accidents are alike, and every accident involving a motorcycle will need to be carefully investigated to determine the cause. A common finding in most motorcycle accidents, however, is serious injury to the rider. If the motorcycle rider is not wearing a helmet or other appropriate protective clothing and gear, then the injuries sustained are often disastrous.
It is very common for motorcycle accident victims to experience head trauma, as well as broken bones, paralysis, concussions, road rash, and in the worst cases, death. Unfortunately, long-term care is often required as a result of permanent injuries or paralysis.
Additionally, the cost to repair a motorcycle after an accident is often steep, not to mention all of the out of pocket expenses and missed work time as a result of an accident. Expenses can pile up very quickly after a motorcycle accident, which is why it is important to speak to an attorney about filing a claim as soon as possible.
Your Insurance Company Should Not Add to Your Problems
After a motorcycle accident, the last thing you need is to have any trouble working with your insurance company. Although insurance companies are supposed to act in good faith and pay damages for injuries sustained by people who purchase their policies, upon occasion they fail to do so. Sometimes insurance companies will try to undercompensate you for the damages you suffered, or worse, deny your claim altogether. In any case, if you have been in a motorcycle accident, it is important to have experienced insurance coverage attorneys on your side if your motorcycle accident has led to problems with your insurance company.
The experienced personal injury lawyers at our firm are ready to act quickly if you have been in a motorcycle accident. Our attorneys are standing by to thoroughly investigate the cause of your motorcycle accident, and to passionately seek the relief you are entitled to. We will gladly hold your insurance company accountable for payment under their insurance policies if they are resisting their obligations. Call or email the experienced Milwaukee motorcycle injury attorneys at our firm today and let us see how we can help you.
Boating Accidents in Wisconsin
Accidents don’t just happen on land, especially in places like Wisconsin, where there is an abundance of waterfront property and watercraft for travel and recreation. There are over 600,000 boats registered in Wisconsin alone, and during the summer, there are hundreds of thousands of additional boats that navigate Wisconsin waters from neighboring Minnesota, Iowa, and Illinois. There are multiple fatalities and even more injuries every year as a result of boating accidents, and in many boating accident cases, the operator of the boat at fault may not have taken any safety courses.
The fact that so many people are maneuvering large vessels in limited spaces, often times without proper training or safety classes, means that boating accidents happen with regularity. This often leads to civil litigation in order to recover compensation for any serious injuries suffered in the accident on the water.
Common Boating Injuries
There are many potential legal claims that arise from boating-related incidents, including property damage claims. Personal injuries claims arise most often, however, and in a number of different ways. Often there is a collision between recreational watercraft, like jet skis, or a collision between one recreational watercraft and one boat. Many boating personal injury claims arise from accidents, illness or death sustained as a result of improper safety measures on a cruise ship. No matter what the circumstances were that gave rise to your personal injury claim for a boating-related injury, it is guaranteed to be extremely complex, as maritime law comes with many additional considerations not present in land based actions.
Special Concerns When Bringing Boating Claims
When accidents occur that involve maritime law, there are often complex and unique legal issues. Some legal actions will involve only Wisconsin law, if they occur entirely within the borders of the state and in Wisconsin waters. However, sometimes accidents occur outside of Wisconsin’s borders, or in between Wisconsin and bordering state, and in these situations, other state laws and even federal laws can be implicated in a subsequent lawsuit. Finally, if your boating accident occurred out at sea, there may even be international legal implication.
We Can Help You Today
For all of the reasons set forth above, personal injury claims that arise as a result of boating accidents are more complex than ordinary personal injury claims, and it is critical that you contact an experienced Milwaukee personal injury attorney who can traverse not only Wisconsin law, but other state’s maritime laws and even federal laws when necessary. Call us at 414-271-1440 or send us an e-mail today for a consultation.
Why You Should Request an Administrative Hearing If Arrested for OWI
Everybody makes mistakes from time to time, and when there is alcohol involved, mistakes are more likely. One major mistake that Wisconsin residents often make leads to an OWI charge (operating while intoxicated). If you have been arrested for OWI, it is very important to act quickly and retain an experienced OWI lawyer to help you avoid serious consequences. An important early step in this process is to request an administrative hearing after your arrest.
Notice of Intent to Suspend Operating Privileges
If you are arrested for OWI in Wisconsin, you will receive a pink notice, which is titled Notice of Intent to Suspend Operating Privilege. That notice shows your test results from a breathalyzer test or chemical test, and is a temporary (30 day) driver’s license. Accompanying the notice is a yellow form titled Administrative Review Request. This is how you receive notice of your right to request an administrative hearing.
What Is an Administrative Hearing?
If a breathalyzer test is administered at the scene of your arrest, then your Notice of Intent to Suspend will be provided to you at the police station. That means you have only 10 days to submit your Administrative Review Request and request an administrative hearing. If, however, you are given chemical tests at the time of your OWI, it may take two to three weeks for the results to be returned. Once the results are returned to the police, you will be mailed your Notice of Intent to Suspend, and you will have 13 days from when it is mailed to request an administrative hearing. It is very important you request an administrative hearing; if you do not do so, you might lose your license before your court date for OWI has arrived.
What Will Happen at the Administrative Hearing?
Once the Administrative Review Request is submitted, the DMV will contact you or your attorney to schedule the review within 30 days. Your hearing will be held at the DMV that is closest to the scene of your arrest, and an employee of the DMV serves as prosecutor, judge, and jury over your case.
The DMV employee will look at all of the evidence presented, including whether the traffic stop was legal, if there was a reasonable belief that you were intoxicated and probable cause to arrest you, whether all tests were properly administered, whether you were driving a commercial vehicle or private vehicle at the time of your arrest, and whether you have a valid THC prescription (or a valid prescription for any other drug for which you tested positive on a chemical test). This is just a sample of what is looked at, and if there is any other evidence relevant to the hearing, your lawyer will submit it at that time.
What Happens If You Lose the Hearing?
Losing the hearing means losing your license. Even if you later win at trial, or the charges are later dismissed, you will lose your driving privileges if you lose your administrative hearing. All hope is not totally lost if you do not prevail at this hearing, as another hearing can be requested to challenge the outcome. Not requesting the administrative hearing guarantees you lose your license until your trial.
What Happens If You Win the Hearing?
Winning the administrative hearing might be temporary, but if you win, you get to keep your license for now. This is important, as it allows you to keep driving to work, school, or wherever your responsibilities require, and minimizes disruption to your routine and the routine of your loved ones until it is absolutely necessary. Of course, there is always a possibility that your charges are dismissed, lowered, or you prevail at trial, which means that by winning the administrative hearing, you will never face the daily disruption of license suspension. If you are later convicted at trial, you will lose your license for the statutory period, but at least in the interim, you get to keep driving as long as possible if you prevail in your administrative hearing.
If you are facing OWI charges, don’t hesitate to contact our skilled Milwaukee criminal defense attorneys today. We will aggressively advocate on your behalf.
