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Recent Blog Posts
Should I Wear a Helmet? Bicycle Law and Safety in Wisconsin
Though it is not the law in Wisconsin, wearing a helmet provides a substantial amount of protection in the instance of a bicycle accident. In fact, according to the Wisconsin Department of Transportation, wearing a helmet can prevent approximately 85 percent of head injuries in bicyclists. Head injuries can result in multiple types of complications that affect thought processes, coordination, personality, and mobility.
Wisconsin Bicycle Law
Wisconsin law considers bicycles to be the same as motor vehicles. Bicyclists, like drivers, must ride in the same direction as traffic and follow all other traffic laws. Likewise, bicycles are to be treated as an equal user on the road.
Wisconsin law does not require helmets to be worn on adults or children riding bicycles. The only exception is within the city of Port Washington, where riders age 16 and under are required to wear a helmet.
Opioids in Wisconsin: Statistics and Statutes
Across the country, staggering numbers of people are becoming addicted to opioids and are dying from drug overdose. Like the rest of the country, Wisconsin residents are facing the opioid epidemic as well.
The increase in opioid use has resulted in an increase in the number of people charged with drug crimes. If you are charged with drug possession, it is important that you contact a lawyer who can review your case and advise you of your legal options.
What Are Opioids?
Opioids are a class of drugs that include morphine, fentanyl, heroin, hydrocodone, codeine, and oxycodone. While certain opioids are illegal drugs, others can be prescribed for pain relief.
Opioids are highly addictive; therefore, patients who are prescribed opioids for pain relief may struggle with the inability to stop taking the medication once their medical conditions are resolved.
4 Ways to Make Motorcycle Riding Safer
Riding on a motorcycle presents more risks than riding in cars. In fact, motorcyclists are 27 times more likely to die in an accident than car occupants. They are also six times more likely to be injured.
Despite the fact that motorcyclists are at greater risk for death or injury, they are not necessarily at fault when accidents occur. In fact, a National Highway Safety Administration (NHTSA) study from 2003 concluded that in 80 percent of accidents involving a motorcycle and a car, the motorcyclist was not at fault or was less at fault than the other driver.
Tips to Decrease the Likelihood of a Motorcycle Accident
While drivers who are involved in a car accident with a motorcycle may be at fault more often, motorcyclists should always be aware of safe riding practices. The NHTSA offers the following tips:
1. Follow all licensing procedures. Licensing procedures vary by state. In Wisconsin, motorcyclists must have a Class M motorcycle license or motorcycle instruction permit. A skills test or rider course is required for a Class M license.
April is Distracted Driving Awareness Month
To bring awareness to the issue of distracted driving, the National Safety Council has named April as the Distracted Driving Awareness Month. Distracted driving causes serious injury and death, and these accidents are entirely preventable.
If you suspect that the driver who caused your car accident was distracted, you should not have to pay for your injuries. An attorney can help you prove that the other driver was at fault and that you are entitled to monetary damages.
Cell Phone Usage is a Common Source of Distracted Driving
Many people claim to be concerned with safety when they drive. However, the National Safety Council reports that 47 percent of drivers say they are comfortable texting and driving. Texting is one of the most dangerous activities to take part in while behind the wheel.
The National Safety Council says that the following behaviors increase the risk of accidents:
What You Can Do If Your Loved One Dies in a Wisconsin Car Accident
Each year, more than 500 car accidents in Wisconsin claim, on average, 559 lives, according to the state’s Department of Transportation. If your loved one has died in a car accident, Wisconsin law provides that you may be able to receive compensation for your loss through a type of claim called a wrongful death lawsuit.
Fatality Rates by Car Accident Type and Cause
The 559 lives lost on average each year occur in different types of accidents that are caused by a variety of circumstances. For example, each year on average:
- 218 fatalities are attributed to alcohol-related accidents.
- 167 fatalities are attributed to speed-related crashes.
- 45 pedestrians are killed.
- 91 motorcyclists are killed.
- 68 motorists are killed in accidents involving large trucks.
- 10 bicyclists are killed.
Federal Appeals Court Upholds Restrictive Supervised Release Terms
The 7th Circuit recently ruled that conditions of supervised release for a sex offender were not overly restrictive. Instead, the court determined that the terms of the supervised release, which included the requirement that he stay away from minors, were suitable considering the crime.
What Is Supervised Released?
After someone convicted of a federal crime finishes his or her prison sentence, there is typically a preliminary period in which a defendant is not housed in a prison but is still subject to numerous prohibitions. During this time, a probation officer will ensure that a defendant complies with the terms of supervised release, which are set by a judge.
With sex crime offenders, the conditions of supervised release are often strict because judges view the charges as serious, and sex offenders have a tendency to re-offend.
What Are Your Options if You Lose Your Case?
Some clients wonder what will happen if they do not win at trial. Unfortunately, the outcome arrived at in the trial court will typically be the final word on the matter. Parties are left with few options after they lose.
Reviewing Courts Rarely Disturb Judgments
On many issues, trial courts are given a wide range of deference, and an appellate court will not change rulings that they make. The appellate courts assume that the trial court judge listened to the testimony and has the best understanding of the case.
The facts of a case are established and determined by the trial court, and a reviewing court will likely accept any findings of fact made by the lower court. Thus, a reviewing court will typically only overturn a trial court’s decisions on strictly legal issues such as deciding what the law controls and how it is applied.
Why You Will Never See a Sobriety Checkpoint in Wisconsin
Wisconsin is one of 12 states that prohibit sobriety checkpoints. In Wisconsin, in order to be charged with Operating While Intoxicated (OWI), police must have probable cause that a law is being broken in order to pull over a vehicle.
The Legality of DUI Checkpoints
In the case Michigan Department of State Police v. Sitz, the U.S. Supreme Court determined that, if properly conducted, sobriety checkpoints were legal and did not violate the 4th Amendment, which guarantees protection from unreasonable searches.
Federal law and case law establish the lower limit on individual rights. States can decide if they would like to give citizens additional protections.
Guided by the U.S. Supreme Court, most states allow checkpoints. However, in 12 states, police do not conduct sobriety checkpoints, according to the Governors’ Highway Safety Association. Sobriety checkpoints in Wisconsin are prohibited by statute. In addition to Wisconsin, other states that do not allow checkpoints include Texas, Iowa, Michigan, and Minnesota.
The 4 Most Dangerous Accidents for Workers at a Construction Site
A construction site has many risks for workers. Employers have a duty to provide a safe working environment by following certain industry guidelines. According to the Occupational Safety and Health Administration (OSHA), one in five deaths on the job takes place on a construction site
OSHA has identified the "Fatal Four" accidents that lead to death for construction workers. These types of accidents account for about 65 percent of on the job deaths and lead to many workplace injuries:
- Falls. Falls are by far the most common cause of death at a construction site.
- Struck by an object. This incident can happen if netting and other safety measures are not followed.
- Electrocutions. Electrocutions can cause serious injury resulting in months of rehabilitation without full recovery.
The Link Between Neck Injuries and Car Accidents
Many car accident victims, of even minor collisions, are often surprised when they experience neck pain; however, it is one of the most common injuries caused by motor vehicle accidents. A neck injury can affect healthy individuals and those who have had previous neck and back discomfort.
How Neck Injuries are Sustained
There are two ways neck injuries are regularly sustained in auto collisions. First, the neck may become injured when the head strikes an object in the car such as a headrest or an airbag. The second way the neck may be injured is by an impact that causes the head to move forward and backward suddenly beyond the neck’s normal range of motion. This type of neck injury is known as whiplash. Whiplash is a type of soft tissue damage as it affects the muscles and ligaments of the neck.
Symptoms of Neck Injuries Sustained in a Car Accident
