What To After a Commercial Truck Accident

Steps to take following a commercial truck accident

Accidents involving commercial semi-trailers and passenger vehicles are an entirely different animal from accidents involving cars and pickups only. The large size and massive weight of a semi create a bigger risk of more severe injuries. The steps you take after a truck accident mimic what you do in any traffic accident to an extent but also take on more urgency.

1. Get people to safety, tend to injuries, and call emergency services. Injuries may be so serious that you won’t have time to do anything else until emergency services arrive. Get everyone out of the path of oncoming traffic if possible, but be aware that some victims may not be able to move or be moved safely. If the truck driver is able to walk and help out, he or she should have emergency tools like cones or flares, and should be able to call for help.
2. Call the police and remain at the scene. Even if you think you’re OK — even if you weren’t hit — stay and talk to the police. Your information could help the police determine fault and also figure out the cause.
3. Trade what information you can. If you were involved and you and the truck driver are able, trade all the typical information — insurance, license numbers, contact information, and the like. If a driver is unconscious, record the license plate of the vehicle and other information like makes and models.
4. Get or provide witness contact information and take pictures of the scene. Those involved in the accident, as well as the police, should get contact information from witnesses.

If you were one of the people involved in the accident, contact an attorney who can represent you if you go to court over medical and other accident-related costs. Eisenberg Law Offices can help you whether you’re seeking additional insurance payouts or have other costs stemming from the accident.

This post was originally published at https://www.eisenberglaw.org/what-to-after-a-commercial-truck-accident/

Recognize and Combat Distracted Driving

April is Distracted Driving Awareness Month

This April is Distracted Driving Awareness Month, and while most people now know what distracted driving is, they don’t realize that they are likely taking part in it daily. Distracted driving can be as dangerous as drowsy or drunk driving, and in fact, it can be worse, because your guard is completely down and you don’t have a sense that something is off even though you’re sober and awake. Take a look at what distracted driving is really all about, and chances are you’ll recognize actions that you thought weren’t a problem.

Distracted driving is driving when your attention is pulled away by something else. Your kids might be fighting in the backseat and you end up yelling at them instead of looking at the road, you get so caught up in finding a good song on the radio that you forget to pay attention to the upcoming stoplights, you zone out on a long road trip, and so on. Texting while driving is a form of distracted driving; so is putting on makeup while in the driver’s seat and concentrating on finding the fry bag in your fast food order even though your eyes are pointed at the road.

Obviously, you can’t stop thinking while you’re behind the wheel. It’s common for attention to ebb and flow to an extent. However, you do need to control that ebb and flow so that you maintain safe reaction times.

Distracted driving falls into three general categories:

1. Manual, in which you remove one or both hands from the steering wheel;
2. Visual, in which you look away from the road; and
3. Cognitive, in which you are looking at the road and holding the steering wheel but not paying attention.

You can do one, two, or all three of these forms of distracted driving.

If you have been injured by someone who was driving while distracted, contact Eisenberg Law Offices. You need legal help to ensure you get proper compensation for injuries and living expenses while recovering. This post was originally published at https://www.eisenberglaw.org/recognize-and-combat-distracted-driving/

Your First Wisconsin OWI Is Still a Big Deal

Your First OWI in Wisconsin will significantly impact your life

Many people believe that the first offense for an OWI in Wisconsin will bring a slap on the wrist. Mistakes happen, after all. Unfortunately, this is not the case. An OWI arrest brings real consequences that can impact you for the rest of your life. For this reason, if you are charged with OWI in Madison, you should retain an experienced attorney to help.

Monetary Penalties

Your first OWI offense counts as a civil conviction. It comes with a fine between $150 and $300, along with an additional $365 OWI surcharge. You will also get your license suspended for six to nine months, and pay a $200 reinstatement fee before you get your license back. Finally, all of these penalties increase dramatically, and it actually becomes a crime, if you have a passenger under 16 years old in the vehicle with you.

You will also have to get an ignition interlock device (IID) if your blood alcohol content is above .15, and undergo a mandatory Alcohol and Other Drugs Assessment after your conviction. Your auto insurance rates may increase significantly.

Lingering Effects of Your First OWI

Your first OWI offense stays on your driving record forever. Any time you apply for a job or credit, that mark can count against you. Having your license suspended or revoked can also create difficulties with your current work or home life. It takes time to move past the penalties, but it takes even longer to move forward in your life.

You can even be convicted for an OWI if your blood alcohol content is within the legal limits. The court can determine that your ability to operate a motor vehicle was impaired and it was unsafe for you to drive based on other factors. If you have been pulled over and arrested for an OWI, it is important to work with experienced attorneys. In the Madison, Wisconsin area, Eisenberg Law Offices can provide the representation you need. This post was originally published at https://www.eisenberglaw.org/your-first-wisconsin-owi-is-still-a-big-deal/

Understanding Attorney-Client Privilege

What is protected by Attorney-Client Privilege?

Attorneys hear all kinds of information from their clients. If you speak with an attorney, you may be nervous about what you should tell him or her. You want your lawyer to help you, but you may have information that you don’t want to get out.  Fortunately, your communication with your attorney(s) is protected by Attorney-Client Privilege.  What does this mean?

The law creates privileges and protections for your communications with an attorney. Any of these communications remain private and cannot be used against you in court proceedings. This gives you the freedom you need to give your lawyer all the information he or she needs to best represent you at trial.

How Attorney-Client Privilege Works

If you are arrested, you may have to provide some information to prosecutors. This process is called “discovery,” and is a way to make sure both sides have access to all the relevant facts of a case. Privilege creates an exception to this rule. Once you speak with a lawyer, that information is protected by the attorney-client privilege. This keeps any communication that you make in confidence with a lawyer from being disclosed to a prosecutor.

The reason for attorney-client privilege is the special relationship that an attorney and client need to share. You cannot be open about your case if you know prosecutors might take any information you provide. No matter what you tell your attorney as part of his or her representation of you, the prosecuting attorney does not have a right to that information.

How It Helps You

The biggest benefit to this rule is that it allows you to be open. The more honest you are with your lawyer, the more completely he or she can represent you at trial. Understanding the facts fully can help him or her know what witnesses to call, whether to have you testify, and what evidence will be most helpful to your defense. It gives him or her the ability to advocate fully on your behalf.

If you have been arrested in Madison, Wisconsin, you need to be confident in your attorney’s ability to defend you. Contact Eisenberg Law Offices for experienced representation. This post was originally published at https://www.eisenberglaw.org/understanding-attorney-client-privilege/

Maintain Your Vehicle to Prevent Car Accidents

Properly maintenance can prevent car accidents

If you are driving in the Madison, Wisconsin area, you need to do what you can to prevent car accidents. Safe driving requires more than just following speed limits and traffic rules. You also need to maintain your vehicle. If you get involved in a car accident, you may be responsible if the accident results from your failure to properly maintain your vehicle. Heeding these warning signs can help you avoid liability.

1. Worn Tires

Your tires provide one of the most important safety details on your car. Proper tread helps your tire grip the road and avoid slipping or skidding off the road or into another vehicle. You will experience wet or icy roads in the Madison area; if your tires are wearing down, replace them before they create problems.

2. Wheel Alignment

Besides the tread itself, if your car’s wheels are out of alignment, you may veer out of your lane or struggle to steer out of trouble. A car that drifts in one direction or shows uneven tread wear probably needs an alignment.

3. Brake Problems

Brakes, before they give out, give warning signals that you need to address. If your brakes squeal or grind, it means the brake pads or rotors are wearing down. A spongy feel to your brakes likely means you are losing brake fluid. Address these signs so you can stop when you need to do so.

4. Shocks and Suspension

If your vehicle is sitting low, or seems to move too much when you hit a bump, you may have suspension problems. These affect your vehicle’s reaction and can lead to accidents. Look to repair suspension issues as soon as you notice them.

5. Dashboard Lights

Your vehicle has warning signals for both general and specific problems. Never assume that a warning light is meaningless or just a fuse problem. Repairing issues your car warns you about helps keep you and other drivers safe on the road.

Cars are safer today than ever before, in part because of the warning signals they provide. Maintain your vehicle properly to stay safe when you drive.

This post was originally published at https://www.eisenberglaw.org/maintain-your-vehicle-to-prevent-car-accidents/

Where Slip-and-Fall Accidents Usually Occur

Prevent slip-and-fall accidents – pay attention to your surroundings

A slip-and-fall accident can occur almost anywhere people walk. Unfortunately, these accidents lead to injuries almost every day. Businesses and personal property owners have a duty to keep their premises safe and up to date, but they do not always do so. A fall may just give you bumps and bruises, but too often falling down leads to significant injuries: concussions, surgeries, spinal injuries, or hip and joint injuries. Keep an eye out for these common places for slip and fall injuries to occur.

1. Parking Lots

Parking lots see a lot of traffic and a great deal of weather issues. An open lot often develops cracks, potholes, and uneven wear over time, all of which can make walking treacherous. Add in the perils of ice and rain that you can expect in the Madison area, and accidents will happen.

2. Rugs and Mats

Rugs and mats in place in or outside a building can provide higher risks of tripping. Any edges or torn sections create a chance to trip, and rugs or mats that are loose on the ground can easily slip under your feet.

3. Entrances and Exits

Areas where you enter a building tend to collect tracked moisture and ice, as well as spilled beverages. All of this creates the potential for slippery surfaces that can lead to accidents.

4. Stairs

Tripping or slipping on stairs can cause dangerous falls. This can be a tumble down the stairs or a forward fall into a hard, edged surface. Stairs that are not properly maintained create a hazard for anyone walking on them.

5. Poorly Lit Areas

Changes in lighting make it difficult to see uneven surfaces or other hazards that can lead to missteps, slips, trips, and falls. If a property owner does not maintain proper lighting, it can lead to preventable injuries.

Property owners, whether business or residential, have a duty to safely maintain their property. If you have been injured in a slip and fall in the Madison area, contact the professionals at Eisenberg Law Offices today.

This post was originally published at https://www.eisenberglaw.org/where-slip-and-fall-accidents-usually-occur/

2nd Offense Marijuana Possession In WI

3 Must-Know Facts About 2nd Offense Marijuana Possession In Wisconsin

As marijuana laws change around the country, the use and consumption of marijuana becomes more socially acceptable. There’s also a chance that people will start to dismiss the legalities of marijuana possession in Wisconsin from their minds. This is a mistake since it’s still illegal to possess, sell, or manufacture marijuana in our state.

A first offense for possession of marijuana is a misdemeanor that carries with it the possibility of up to six months in jail and a $1,000 fine. 2^nd offenses are much more harsh. Below is a list of three facts you must know about marijuana possession in WI.

1. 2^nd Offense Possession is a Felony. Getting caught with marijuana for just the second time changes your charge from a misdemeanor to a Class I felony. Now, jail time jumps from 6 months to up to 3 and a half years and fines go from $1,000 to $10,000. If convicted, you will lose your right to vote until your sentence is complete and you will lose your right to possess a firearm.
2. ANY 1^st Offense Misdemeanor or Felony Counts Against You. Even if your 1^st offense didn’t involve marijuana at all, you can still be charged with second offense possession. Under Wisconsin Statute Chapter 961, a prior conviction of any drug offense from another state will automatically make any subsequent charge a felony, even if the two charges were unrelated.
3. Drug Paraphernalia Can Cause Trouble Too. You don’t need to have marijuana on your person in order to be charged; drug paraphernalia counts too. A misdemeanor conviction of possession of drug paraphernalia would count as a 1^st offense.

Build A Strong Marijuana Defense With Eisenberg Law

If you are facing marijuana charges of any kind, contact Eisenberg Law Offices for a consultation. Our defense attorneys have decades of experience fighting drug charges and securing successful outcomes for our clients. We can help you fight possession and drug paraphernalia charges. Contact Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to discuss your situation in a private and confidential manner.

This post was originally published at https://www.eisenberglaw.org/2nd-offense-marijuana-possession-in-wi/

Motorcycle Accidents and Personal Injury Lawsuits

Filing A Personal Injury Lawsuit After A Motorcycle Accident

Automobile accidents are scary enough, but a motorcycle accident is a whole new level of frightening. According to the Wisconsin Department of Transportation, there were almost 2,250 motorcycle crashes in 2016. 82 motorcyclists died and 1,973 were injured as a result of these accidents. Drivers and passengers are far less protected on a motorcycle than they are in cars and trucks and that can lead to devastating injuries and a higher chance of death when they are involved in a motorcycle accident.

If the driver or passenger of a motorcycle is injured because of someone else’s actions, or negligence, he or she may be eligible for financial compensation. However, there are a few facts you’ll need to know if you are considering filing a motorcycle personal injury lawsuit.

Filing and Timing Requirements of a Personal Injury Lawsuit

The authority to bring forth or file a lawsuit is referred to as “standing”. When an injury is caused by another person, the injured party has standing to bring forth a personal injury lawsuit against the person who was responsible for the accident, but the injured person is not the only one who can bring a lawsuit. Other people who may have standing in the lawsuit are:

• Parents or Guardians. If the injured party is a minor (under 18 years of age), his/her parents or guardian can file the lawsuit on his/her behalf. If parents or guardians don’t file right away, minors have until one year after they turn 18 to file a claim themselves. 

• Personal Representatives. If a person is killed in the accident, the personal representative of the victim’s estate has standing to bring a wrongful death lawsuit.

• Guardians of Mentally Incompetent Adults. If an adult is considered to be mentally incompetent under the law, his or her guardian can bring the lawsuit on his/her behalf.

Other than the extension for minors, injured parties have three years from the date of the accident to file their lawsuit. However, if the accident involves negligence by an employee of a Wisconsin municipality, like a city or county, then the injured party has to notify, in writing, the municipality of the injuries within 120 days.

Motorcycle Personal Injury Attorneys are Here to Help

Working with a personal injury attorney is the best way to advance your case for compensation due to a motorcycle accident. They can help ensure the lawsuit is filed appropriately and on time, guide you through the process, which can be invasive and discouraging, and advocate for your best interests.

The personal injury attorneys at Eisenberg Law Offices are available to provide you with the help you need to persevere in your lawsuit. We have been representing clients in Wisconsin for over 30 years, helping accident victims obtain compensation for medical expenses, lost and missed wages, loss of earning capacity, property loss, and pain and suffering.

Contact Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange a private and confidential review of your situation.

This post was originally published at https://www.eisenberglaw.org/motorcycle-accidents-and-personal-injury-lawsuits/

The Ins and Outs of Wisconsin Plea Bargains

Wisconsin Plea Bargains – what to know before you enter into one

Anyone who is a fan of criminal dramas on television has heard of plea bargains. These legal agreements seem to crop up in nearly every episode. For as common as the term plea bargain is, few people really understand what they are and how they are used in real life.  This article will introduce you to Wisconsin Plea Bargains and what you should consider before entering into a plea bargain.

At its most basic, a plea bargain is an agreement between the prosecution and the defense in which the defendant agrees to plead guilty to a lesser charge in order to obtain a more lenient sentence or to dismiss other charges.

Plea bargains are popular because it helps defendants and their families avoid the risks and repercussions of going through a trial and likely being convicted for a crime. News travels fast these days and “innocent until proven guilty” does not always exist in our personal lives. Even the whisper of guilt can cause devastating consequences for people, such as a job loss and irreparable damage to their reputation.

When a defendant accepts a plea bargain, he or she can avoid many of these consequences.

When to Consider a Plea Bargain

Without a plea bargain, a case goes to trial. Sometimes defendants accept plea bargains because they offer a far better outcome than the defendant could hope to achieve by going to trial. Felonies might be dismissed or the case is sent to the Deferred Prosecution Unit.  Prosecutors like to offer plea bargains because it results in a conviction, but requires far less time and work on their part. Defendants usually benefit too, especially if there is a high chance of them losing at trial. In addition, the punishments offered with plea bargains are almost always less severe than what would be decided at trial.

In many cases, the answer is not so cut and dry and defendants don’t know what to do. This is where the advice and representation of a skilled criminal defense attorney becomes invaluable. An attorney who is experienced with plea bargains and the local judicial system will be able to tell you if the plea bargain is a better choice or if you are likely to obtain a more favorable outcome by going to trial.

Wisconsin plea bargains usually follow the traditional pattern: prosecutors offer to drop some of the criminal charges or reduce their sentencing recommendations in exchange for the guilty plea. Sometimes, these plea bargains make the difference between jail time, probation, or even a conviction.

Once you have agreed to a plea bargain, you have until your sentencing date to withdraw the plea and opt to go to trial instead. It’s possible that new evidence was uncovered or something else occurred to make you change your mind about the deal. After sentencing, the only way to challenge the plea or your sentence is to file an appeal. It’s important to note that a plea bargain does not take away your ability to file an appeal.

Navigate Wisconsin Plea Bargains With Eisenberg Law Offices

Wisconsin plea bargains can get complicated, but they are worth exploring for the benefits they offer to defendants. The criminal defense attorneys at Eisenberg Law Offices would be happy to take a look at your case and discuss your best defense strategy, including plea bargains. If you are facing criminal charges, contact our team at 608-256-8356 or by emailing Info@eisenberglaw.org to arrange a private and confidential consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/the-ins-and-outs-of-wisconsin-plea-bargains/.

Who Can File Wrongful Death Lawsuits In Wisconsin?

Learn if you can file a wrongful death lawsuit in Wisconsin

If a person dies in an accident that should never have happened in the first place or that could have been prevented, the death is referred to as a “wrongful death”. In the United States, family members of the deceased are allowed to file a special type of personal injury lawsuit, called a wrongful death lawsuit, against the guilty party. The guilty party may be an individual or individuals, a business, or another entity/organization. The key criteria is that the person or entity must have caused the accident or incident either through their actions or even inactions.

While these lawsuits may seem distasteful to some, they allow families to recover after an unexpected death, by providing financial assistance and the peace of mind in knowing that the guilty party was held accountable for their negligent actions.

Wrongful Death vs. Criminal Cases

Wrongful death lawsuits are considered civil cases. This makes them separate and distinct from criminal lawsuits, which means that the negligent party may find themselves facing both a civil and a criminal case, depending on the circumstances.

Criminal cases penalize guilty parties for their criminal actions. Wrongful death lawsuits help families of victims secure damages in the form of financial compensation from the guilty party. The damages awarded can be used to pay for funeral or medical costs, replace lost wages, or account for the family’s pain and suffering.

Filing Suit In Wisconsin

The laws governing wrongful death lawsuits differ from state to state, but in Wisconsin there are two important points to be aware of:

1. There is a time limit for bringing suit. These type of lawsuits are subject to a statute of limitations. This means there is a time limit within which a suit must be filed or the family will lose their right to sue. In Wisconsin, suits must be filed within 2 years of the date of death if the death involves a motor vehicle accident and 3 years if the death resulted from an incident not involving a motor vehicle.  If a claim is not filed within this time, the family cannot file one later.
2. Only certain people can file claims. Suits can only be filed by:

• Surviving spouses or domestic partners
• Surviving children
• Surviving parents or guardians
• The personal representative of the deceased’s estate
• Other close relatives such as grandchildren or siblings

Complications Abound

Wrongful death lawsuits are complicated and full of challenges and pitfalls that can make it very difficult to secure a settlement on your own. If you suspect your loved one has died as a result of someone else’s negligence, contact Eisenberg Law Offices in Madison, WI for advice. A confidential, free consultation with one of our attorneys can help you come to terms with the incident and take steps to move forward.

Contact Eisenberg Law Offices today at 608-256-8356 or by emailing Info@eisenberglaw.org to arrange a free, confidential consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/who-can-file-wrongful-death-lawsuits-in-wisconsin/.