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Recent Blog Posts
Wisconsin State Assembly Votes to Raise Speed Limits
Recently, the Wisconsin state Assembly voted on a measure that would increase the speed limit on certain highways from 65 mph to 70 mph. The bill passed by a vote of 76 to 22, and it now moves to the Senate where it is also expected to pass. The bill, Assembly Bill 27, gives the Department of Transportation the authority to increase the speed limit on freeways and expressways in the state. However, there are some concerns that the new speed limit will lead to an increase in the number or severity of traffic accidents. Consequently, drivers should be one the lookout for new speed limit signs, and should exercise extra care on highways.
The New Bill
If the new bill passes the senate, it would increase the speed limit on freeways and expressways across the state. Importantly, the bill has special definitions of freeways and expressways, so that the increase will be uniform. A freeway is a state highway with four or more lanes separated by a barrier that has limited intersections. An expressway is defined similarly, though the expressway must also be recognized as such by the Wisconsin Department of Transportation.
Motorcycle Accidents: Pursuing the Negligent Driver
Today, motorcycles are a popular source of enjoyment and entertainment in our society, but they pose unique dangers due to their design. According to the National Highway and Traffic Safety Administration, in the year 2012, 4,957 motorcyclists across the United States suffered fatalities as a result of motor vehicle crashes. In Wisconsin, 118 motorcyclists died in traffic accidents out of 2,720 total motorcyclist accidents, while 2,183 suffered injuries as a result of traffic accidents. Although the number of motorcycle accidents in Wisconsin account for only 1.5 percent of the total motor vehicle accidents across the state, they almost always result in serious injuries and extensive medical bills.
The Harsh Reality of Being Charged with Retail Theft
In Wisconsin, an individual charged with retail theft could not only be the subject of a criminal lawsuit, but a civil one as well. What most people do not know is that retail theft is a very serious crime in Wisconsin. Not only do allegations of retail theft carry severe criminal penalties, but the idea of a civil lawsuit hanging over your head can be extremely pleasant.
Under Wisconsin law, retail theft ranges from a Class A misdemeanor to a Class G felony. If you are charged with the theft of items worth less than $500, you will be charged with a Class A misdemeanor and will be subject to punishment of up to nine months in jail and up to $10,000 in fines. But if you are charged with stealing over $10,000 worth of items, you could face up to $25,000 in fines and up to 10 years in prison. If you have prior retail thefts on your criminal record, you will be subject to harsher punishments.
Wrongful Death: Seeking Justice for the Negligent Death of a Family Member
Wrongful death actions arise when the negligence or intentional act of an individual causes the death of another. Wisconsin law outlines who has the right to bring a claim, the time limits within which the wrongful death claim may be brought, and the types of damage that could be recovered under a wrongful death claim.
Who Can File a Wrongful Death Lawsuit?
When death is caused by a wrongful or negligent act, the filing of a civil lawsuit is available only when the deceased person could have pursued the personal injury claim had they still been alive. Usually, the family of the deceased individual or the individual’s estate could file a wrongful death lawsuit against the individual or legal entity responsible for the death of the family member. It is not unusual after murder trials for the family of the victim to bring a wrongful death action against the murderer, even if the individual was not convicted of murder.
Catching Fire: The Story of Arson
Historically, arson was narrowly defined as the malicious burning of the dwelling of another. This meant that you could only be charged with arson if you intentionally burned the residence of another. Today, especially under Wisconsin law, arson is a felony and has been expanded to include, by means of fire, the intentional burning of a building of another, without consent. This definition includes any building, or structure. You could even be charged of arson if you burned a motor vehicle.
Arson is a serious property damage crime and if you are convicted of arson, you could face steep fines and a lengthy prison sentence. There are distinctions in the law that determines the fines and possible jail time you could face if found guilty of arson. If you are found to have intentionally burned a building, you will face much more serious fines and jail time than if you were found to have negligently burned the building. Likewise, if you burn your residence down to collect the insurance money, you could be charged with arson and insurance fraud.
Conspiracy: The Punishment of Collaboration
Under Wisconsin law, conspiracy is defined as an agreement between two or more persons with the intent to violate the law. To be convicted of conspiracy, it has to be shown that an act was taken to further the goals of the conspiracy. Likewise, the same elements need to be proven under federal law.
Conspiracy boils down to a very simple concept. A conspiracy begins when one person agrees with one or more persons to commit a crime. As soon as any single member in the agreement takes a step towards carrying out the crime, the agreement becomes a conspiracy. This step is called an overt act and it does not matter how minimal it is. It does not matter if the overt act is a crime; further, even if you do not commit the overt act, you could still be charged with conspiracy.
Bicycle Accident Injuries
Bicycle accidents, especially ones involving motor vehicles, can result in serious or life-threatening injuries. In Wisconsin, almost every time a bicyclist is involved in a motor vehicle accident, he or she is likely to suffer injuries. In 2012, over 1,100 bicyclists were involved in accidents, and 1,049 suffered injuries while 11 were killed as a result of the accident. This translates to an average of one bicyclist injured every 8.3 hours. As recently as March 24, 2015, a 22-year-old Sheboygan native was riding his bicycle in the morning when a pickup truck collided with him. He suffered injuries as a result of the accident and died the next day.
Bicyclists and motor vehicle operators are required to obey the rules of the road. Generally, these rules include exercising ordinary care for their own safety and the safety of others. They are also required to obey the traffic laws.
Premises Liability Primer: Who is Responsible and How Do I Recover?
Many of the personal injury accidents that transpire within Wisconsin occur on someone else’s property, either inside or outside a building. These types of accidents are identified as premises liability, cases and they can occur on public or private property when dangerous conditions are present.
Dangerous conditions create unreasonable risks of harm. For example, unreasonable risks of harm are found in scenarios involving poorly maintained premises, improperly constructed stairwells, or when premises owners fail to give adequate warning of a dangerous condition. If you, or someone you know, entered a dangerous premise and suffered an injury due to a slip and fall on someone else’s property, you should contact an experienced personal injury attorney as soon as possible. In Wisconsin, the statute of limitations provides only three years from the date of injury to file a claim, thus it is important to act quickly.
Construction Accidents in Wisconsin
Regardless where a construction site is located, whether it is at a commercial building, private home or an interstate, it is usually a dangerous place to be. Construction work is dangerous because it is physically demanding and it is often performed outside, where workers are exposed to the natural elements. The terrain is not always even, weather is unpredictable and, very often, construction workers change surroundings frequently—they rarely work in the same place for extended periods of time. These factors alone can increase the likelihood of a construction-related injury.
According to the Occupational Safety & Health Administration (OSHA), the four leading causes of injury or death at the worksite across the United States involve falling, being struck by various objects, electrocutions and getting caught between structures or equipment. In the private sector alone, there were over 3,900 work-related deaths in a single year. Approximately 796 of those deaths were related to construction accidents and the leading causes identified above. The largest majority of construction-related deaths occurred due to falls.
Identity Theft: It Can Happen to Anyone
Identity theft occurs when one individual uses another individual’s personal identifying information to obtain certain benefits, such as using a credit card to purchase clothing or a medical card to receive medical treatment. Basically, anything you use to identify yourself is considered personal identifying information, except for those records that are available to the general public. Personal information includes Social Security numbers, places of employment, DNA profile, fingerprints, bank or credit card account numbers, driver’s license, security codes and even online accounts and passwords.
Due to the rapidly changing technological environment of the world today, identity theft has spread like wildfire. According to the Bureau of Justice Statistics, approximately 16.6 million people experienced identity theft across the United States, which resulted in $24.7 billion in financial losses. The two most common types of identity theft involve credit cards and bank accounts. The Federal Trade Commission reported that over 3,635 citizens of Wisconsin fell victim to identity theft. More than 1,500 of those cases involved government documents or benefits and over 470 cases involved credit cards.
