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Recent Blog Posts
What to Do After Pedestrian Hit and Run Accident
While it may be difficult to imagine hitting a pedestrian with a car and then driving away, this type of accident occurs with some frequency. In fact, the National Highway Traffic Safety Administration reports that nearly 20 percent of all pedestrian fatalities are hit and run accidents.
It may seem shocking that a driver would not want to help a pedestrian accident victim or render aid. However, many pedestrian-involved car accidents take place late at night, and alcohol is a common factor.
If you have been injured as a pedestrian or if you have lost a loved one to a pedestrian hit and run accident, a lawyer can help you get compensation for your injuries and losses.
Identifying the Fleeing Driver
One of the biggest obstacles in recovering from the at-fault driver in a hit and run is finding the driver. Any details about the car, anyone inside the car, or the direction the car was traveling can lead to the driver being identified.
The Stepparent Adoption Process
Stepparents seek to adopt children for a variety of reasons—the most common being that they provide a substantial amount of care to the children. In this instance it is wise to adopt so that the law and others will recognize this relationship.
For example, if children rely on their stepparent for monetary support, and something were to happen to the stepparent, then the children may not be eligible for certain benefits. Likewise, the stepparent may not have needed access to educational or medical records for the children in the event of an emergency. Adoption can also make the child feel included as his or her last name can be changed to that of the rest of the family.
Termination of the Birth Parent’s Rights
The main issue to keep in mind with these types of adoptions is that a child can only have two parents. This stipulation means that in order for a stepparent to be able to adopt a child, one of the child’s birth parents must terminate his or her rights.
When Does Someone Have the Capacity to Execute a Will?
If you are concerned that the will of a loved one or family member was signed under suspicious circumstances, it may be possible to challenge the will in court. There are several grounds on which to do this, but one common concern is the capacity of the testator (the person who signed the will) at the time the will was executed.
This can be a difficult case to make, and most of the time these assertions are highly fact-specific, meaning there will be testimony of witnesses and a required review of property and financial documents. Medical records may also come into play.
Lack of capacity is especially common as people are living longer yet may not have all their mental faculties intact. Many attorneys predict that this issue will become more prevalent in the future.
Wisconsin’s Criminal OWI Injury Laws
By: Steven McGaver and Jason Luczak
If you are accused of drinking and driving, you could be charged with one of several crimes, depending on the facts of your case. For instance, if someone was injured in an accident that may be attributed to your intoxicated driving, you will likely face even much penalties than what would be typical with an OWI conviction.
Due to the severe penalties associated with OWI injury charges, a criminal defense lawyer is necessary to defend your rights in court and to speak to prosecutors on your behalf.
It is a criminal offense in Wisconsin for a vehicle operator to cause injury to another while the operator is under the influence of an intoxicant, has a prohibited alcohol concentration, or has a detectable amount of a restricted controlled substance in his or her blood.
Slip and Fall Accidents Can Cause Catastrophic Injuries
A routine trip to a shopping mall or supermarket can turn into a life-changing medical emergency due to fall hazards such as uneven flooring or wet walking surfaces.
These types of accidents are called slip and falls. Slip and falls can be caused by a lack of hand rails, missing warning signs, poor lighting, or unmarked steps.
Slip and fall accidents can cause grave injuries that can take months or years to heal. Some accident victims may never be the same. Unfortunately, the elderly are at an increased risk for falling accidents.
Common Injuries Sustained in a Slip and Fall Accident
According to the Center for Disease Control, one out of five falls causes a serious injury.
Common Disputes in Estate and Probate Law
Litigation concerning the handling of a loved one’s estate can be some of the most emotional and contentious legal battles that take place inside the courtroom. Usually, there are multiple parties involved with strong opinions as to how the decedent's property should be handled.
An experienced probate litigation attorney can help protect your rights in this difficult time both in and out of the courtroom.
Procedures and Processes that May Be Involved
Under Wisconsin law, there are several types of probate proceedings. It is always important to understand which are implicated in your case in the instance of dispute.
- Informal Administration. This administration is performed without the exercise of continuous supervision by a court; rather the Probate Registrar is the supervising entity. It is generally utilized with assets titled in the name of the decedent and with a value greater than $50,000. This process available in cases with a will or without a will, so long as all relevant parties agree.
Top 5 Motorcycle Accident Injuries
Motorcyclists are a vulnerable group of drivers on Wisconsin roads. Motorcycles are much smaller than the cars and tractor-trailers with which they share the road, and motorcycles have fewer safety protections.
When a motorcyclist gets into an accident, injuries are likely to result. Moreover, motorcycle accident injuries tend to be severe among cyclists. The same cannot be said for drivers and riders of cars.
About Wisconsin Motorcycle Accidents
Wisconsin has seen an increase in registered cycles over the past 10 years. In 2004, there were about 221,000. In 2013 (the most recent year for which data has been provided), there were nearly 367,000 registered bikes.
In 2013, Wisconsin reported:
Textalyzer to Help Combat Texting While Driving. But is it Constitutional?
By James Lewis
The dangers associated with texting and driving have prompted some states to take direct action to combat the issue. With the aid of Cellebrite, a technology company, police departments may soon be able to use a handheld device to determine whether a person has been using his or her cell phone while driving a car. Named after the breathalyzer device used to detect alcohol present in a driver’s blood, the “textalyzer” analyzes cellphone data and allows an officer to see when drivers last used their cell phone.
The “textalyzer” is plugged into a driver’s phone and allows officers to see if the driver was interacting with the phone while driving. The company behind the device, Cellebrite, claims that the “textalyzer” collects minimal data from a driver’s cellphone. For example, the “textalyzer” could tell an officer that a driver had sent a text message at 1:56 p.m., but the device would not tell the officer the content of that message. While this advance in road safety technology may aid officers in catching distracted drivers, the technology could infringe on privacy rights and violate the constitution.
Teens and Young Adults Face Serious Legal Consequences for Alcohol and Drug Use
by Jason Luczak and Steve McGaver
Alcohol and drug use by teenagers and young adults under age 21 is prevalent in Wisconsin. This conduct can have serious legal consequences, e.g., detectable levels while driving a motor vehicle; if arrested at a party that is raided; where firearms or fighting is involved; or controlled substances that are shared with a friend, who subsequently dies.
Recent Statistics on Alcohol and Drug Use
The Wisconsin Department of Health services (DHS) regularly collects data on substance use and abuse. Its 2016 Wisconsin Epidemiological Profile is revealing both for teenagers as well as adults. Findings include:
- 28 percent of those aged 12-20 years old reported alcohol use in 2013-2014. This exceeds the nationwide average of 23 percent.
What You Should Know About Rear-End Car Accidents
Being hit by another car from behind is a common type of car accident. Often, these accidents are caused by speeding or inattentive drivers.
According to 2014 data, rear-end crashes account for about one-third of all car accidents. In that year, there were almost 2 million rear-end accidents reported. Of those accidents, about 2,000 were fatal. Moreover, 522,000 of these accidents lead to bodily injury.
Is Fault Already Determined?
In most cases, fault will be attributed to the second car. Drivers are responsible for controlling their speed, being attentive, and following other cars from an appropriate distance for the driving conditions.
However, there are always exceptions, and it may be that the following vehicle is not responsible (or not fully responsible) for the accident. For example, if there was a defect with the roadway or signage, if the first car was driving erratically or did not have working brake lights, or if it is a multi-vehicle accidents, the second car may not be at fault.
