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Recent Blog Posts
Who Is Responsible for Injuries in an Accident With a Delivery Driver?
If it seems like there are increasing numbers of delivery vehicles on the roads, that is likely due to increased demand for services that transport products or food directly to people's doors. In addition to package delivery vehicles operated by UPS, FedEx, Amazon, or other companies, many people also deliver food or groceries for services such as DoorDash, Uber Eats, Postmates, or Instacart. This is in addition to pizza delivery drivers and others who deliver meals for restaurants. With more of these drivers on the road at any given time, car accidents with delivery vehicles have become more common.
If you have been in a collision with a delivery driver, you might be wondering who is responsible. That is, if the driver was at fault, you may be unsure if they, their insurance company, or the company they were working for can be held liable for your injuries. The answer depends on several factors, including whether the driver was working at the time of the accident. By working with a personal injury attorney, you can determine your options for pursuing compensation for your injuries.
Who Is Liable When a Person Is Hit by a Car in Front of a Store?
While people are aware that many car accidents occur every day, one type of accident that people may not realize is common involves vehicles crashing into buildings. These are known as storefront crashes, and they occur when drivers lose control of their vehicles and collide with the entrances of buildings such as gas stations, convenience stores, or grocery stores. In some cases, storefront crashes are committed intentionally in an attempt to rob a store or because a person experiencing road rage wishes to cause damage. Because these locations have high levels of foot traffic, storefront crashes are likely to result in dangerous pedestrian accidents. People injured in these types of accidents will need to determine who can be held liable for their injuries and damages.
How Common are Storefront Crashes?
A vehicle crashing into the front of a building may seem like a relatively rare event. However, these accidents take place far more often than many people realize. According to research by the Storefront Safety Council, a non-profit organization that works to raise awareness of these accidents and ensure that the proper measures are taken to protect people's safety, more than 100 storefront crashes occur every day across the United States. 46 percent of these crashes result in injuries, and 8 percent result in fatalities. This adds up to more than 16,000 people being injured every year, as well as 2,600 deaths.
How Can Employers Avoid Accusations of Wrongful Termination?
By: Wrongful termination is a serious accusation that can have potentially devastating consequences for employers. If a former employee or an outside agency believes that an employee has been wrongfully terminated, the employer can face an investigation, fines, and other penalties. It is important for employers to understand the legal implications of wrongful termination, and they should take steps to ensure they are not accused of such wrongdoing. With the help of an employment law attorney, an employer can make sure they are protected against potential wrongful termination claims.
Understanding the Rights That Apply to Employers
It is important for employers to understand their rights when it comes to dismissing employees. In Wisconsin, employment is considered “at-will,” meaning an employer can terminate an employee at any time, with or without cause. However, there are exceptions to this rule; for instance, employers cannot terminate employees based on their race, gender, religious affiliation, or other protected characteristics. They are also prohibited from firing employees who have reported workplace safety issues or violations of laws or regulations by a company or its personnel. In addition, employees cannot be terminated for filing workers' compensation claims, reporting sexual harassment, or taking leave under the Family Medical Leave Act. By understanding their rights—and what they can and cannot do when it comes to terminating someone—employers can make sure they take the correct steps to avoid wrongful termination claims.
Circumstantial vs. Direct Evidence in Wisconsin Criminal Cases
By: Originally published: August 10, 2018 -- Updated: February 17, 2023
Update: In addition to understanding the types of circumstantial evidence that may play a role in a criminal trial, those who are accused of committing crimes will need to understand the ways that this evidence may be challenged. An experienced criminal defense attorney can cast doubt on the validity of certain types of evidence or witness testimony, or they can challenge the narrative proposed by prosecutors. Some methods that may be used to respond to evidence presented in a trial include:
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Questioning eyewitness testimony - Many criminal cases rely on the identification of suspects by eyewitnesses. However, people's memories can be notoriously unreliable. In some cases, witnesses may be influenced by law enforcement officials who are looking to confirm their suspicions about a suspect. In others, people who had been arrested in connection with the crime in question or for other offenses may testify against someone in return for leniency. By closely examining witnesses, looking for inconsistencies in their statements, and demonstrating that they may be uncertain about what they saw, a defense attorney can poke holes in prosecutors' arguments.
Should I Move Out of My Home During My Divorce?
By: Going through a divorce can be a difficult process for all members of a family. When your marriage has broken down, it may seem impossible to continue living in your home alongside your spouse. You may be ready to leave the situation and begin taking steps to move forward with your life. However, it is important to understand how moving out may affect the divorce process and how it may impact your rights and your financial situation. By understanding how Wisconsin's divorce laws apply in these situations, you can take the correct steps to protect yourself, avoid unexpected complications, and get through the divorce process successfully.
Can Either Spouse Be Required to Move During Divorce?
If you and your spouse are both currently living in your home, you will likely be able to continue to do so during the divorce process. As co-owners of the home, you will both have the right to maintain possession of the property. While there may be some situations where one party may believe that the other party should move out, the court usually will not force them to do so unless there are safety issues that would require these types of arrangements.
Who Can Be Held Liable for Winter Truck Accidents?
Every winter, the risk of truck accidents increases across the United States. This can be an especially serious issue in Wisconsin, since our state often experiences harsh winters, cold temperatures, and conditions that make roads more dangerous. From icy roads to poor visibility caused by falling snow or freezing rain, truck drivers face a wide range of challenges when operating their vehicles in winter weather. Ultimately, these conditions can lead to dangerous truck accidents that result in serious injuries and even death.
When it comes to winter truck accidents, liability can be a complex issue. It can sometimes be difficult to identify the party or parties who were responsible, as the conditions directly impacting an accident are often variable and unpredictable. By working with an attorney who understands the laws and regulations surrounding liability for winter truck accidents, victims can take the correct steps to pursue compensation, ensuring that they will be able to address their expenses and move forward with their lives.
When Can Bribery Lead to Criminal Charges in Wisconsin?
There are a number of different types of offenses that are classified as white collar crimes. These offenses are usually committed in a professional or business setting, and they will typically involve illegal exchanges of money. Bribery is one example of behavior that could potentially lead to criminal charges, and in some cases, people may also face criminal charges due to alleged campaign finance violations. Understanding how the laws in Wisconsin address these issues can help anyone who has been accused of bribery or campaign finance violations ensure that they will be able to defend against criminal charges with the help of an attorney.
What Is Bribery?
Bribery generally involves giving or offering something of value to a public official or politician with the intent to influence their decision-making. Wisconsin law recognizes the offense of bribery of public officers and employees, which involves the attempt to influence people such as police officers, lawmakers, or other government officials into acting in violation of their lawful duty.
What Are the Options for Dividing Business Interests in a Divorce?
Going through a divorce is one of the most difficult experiences that anyone can endure. There are a variety of issues that will need to be addressed by divorcing spouses, and conflicts can often arise as a couple determines how to handle ownership of their marital property. Dividing assets is rarely easy, but it can become even more complex when one or both spouses own a business. There are several different approaches to splitting up business interests between divorcing spouses, and with the help of an experienced divorce attorney, a spouse can understand their options and make an informed decision about the best way to proceed.
Valuing the Business Interests
The first step in deciding how to divide business interests in a divorce is to determine their value. To do this, spouses may need to hire a professional appraiser who specializes in business valuation. The appraiser will look at everything from total assets and liabilities to cash flow and financial documents such as contracts, customer lists, inventory, etc. This will help them come up with an accurate valuation of business interests. Depending on the size of the business and the complexity of its finances, this process could take anywhere from several weeks to several months. Once the appraisal is complete, spouses can begin discussing division options.
Employment Law Issues to Be Aware of When Using Remote Workers
The use of remote work has increased considerably since the onset of the COVID-19 pandemic. More and more people have been able to work from home, and the ease of online communications has allowed employers to hire people located in other states or even other countries. The growing use of remote work has changed the way many businesses operate, and it has opened up a range of opportunities for both employers and employees. However, it is critical for employers who utilize remote workers to understand the employment laws and regulations that may apply in these situations. Here are some critical legal issues to be aware of with respect to remote employment.
Applicable Law
Knowing what law applies to remote employees is critical to understanding the implications of this business decision. Generally, the default rule is the state where the employee resides is the applicable law. This applies to laws regarding wage and hour, employee injuries and employer data protection, among others. This distinction is particularly important where the laws differ significantly between the home state of the business where a majority of its workforce may reside and that of a single remote employee. For example, where a Wisconsin based company hires a remote employee who lives and works in California, the business must be aware of the differences in various employment laws between the two states. One such distinction relates to restrictive covenants: in California restrictive covenants are virtually unenforceable whereas in Wisconsin they are enforceable. By understanding the differing laws ahead of time, employers can avoid claims for violating them later on.
Our Top 10 Blogs for 2022 Covered Criminal Cases, Weapons Charges, and More
By: Here at Gimbel, Reilly, Guerin & Brown, LLP, our attorneys provide representation for clients in multiple types of legal matters, including family law, business law, civil litigation, criminal defense, personal injury, and much more. We regularly publish blogs covering a variety of topics related to these legal fields, and we strive to keep our clients and the readers of our blog updated on legal developments and issues that can affect their lives. We wanted to highlight the blogs that visitors to our website read the most during 2022:
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Circumstantial vs. Direct Evidence in Wisconsin Criminal Cases - Criminal prosecutors may rely on different types of evidence as they attempt to demonstrate beyond a reasonable doubt that a person committed an offense. In this blog, we look at the different types of evidence that may be used. Our attorneys ensure that our clients are prepared to address the evidence in their cases, and we fight to protect their rights when defending against criminal charges.
