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Hit and Run Laws in Wisconsin
Did you know that if you are involved in a car accident, even if you are rear-ended, sideswiped, or otherwise not at fault, it is your legal duty to stop immediately? Once you stop, there are other legal requirements you must follow. Failure to comply with the duties imposed by Wisconsin law after an accident can result in serious trouble. You will be charged with hit and run, which can be either a misdemeanor or a felony, depending on the severity of the accident. At worst, it is punishable with jail time and steep fines.
What Are Your Legal Obligations after an Accident?
Wisconsin law imposes several requirements on drivers after an accident. Whether you believe yourself to be at fault or not, the law requires you to stop your car immediately if you have been involved in an accident with another vehicle, bicycle, or pedestrian. You must do this even if the accident is minor, and there is no bodily injury or even visible property damage.
Straw Purchasers of Firearms Face Serious Charges
The recent decision against a Milwaukee gun store in the shooting of two Milwaukee police officers has brought the issue of straw purchases of firearms to the forefront. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. Therefore, if you are being charged with making a straw purchase of a firearm, it is very important to have an experienced criminal defense attorney by your side from the very beginning.
Laws Criminalizing Straw Purchases
Wisconsin law makes it a crime to provide false information to a gun dealer with the intent to purchase a firearm and then transfer it to a person prohibited from obtaining one. Straw purchases of firearms are also violations of federal law, and under both state and federal law, it is a felony that carries the potential for a long prison term.
What Constitutes Bad Faith Insurance Practices under Wisconsin Law?
When you have been in an accident that has caused you to suffer either property damage or bodily injury, the last thing you need is for an insurance company to avoid living up to its obligations. Unfortunately, however, there are occasions when insurance companies deny benefits under an insurance policy without having a good reason to do so. When this occurs, you might have a lawsuit for bad faith against the insurance company.
Bad Faith in Wisconsin
To establish a claim against an insurance company for bad faith in Wisconsin, the insured must establish (1) the absence of a reasonable basis for a determination of a denial of benefits; and (2) knowledge or reckless disregard by the insurance company of the lack of a reasonable basis to deny coverage.
The first part of the standard is an objective test, which means that if you have been denied insurance coverage and are alleging bad faith, you must be able to prove that under the facts and circumstances presented, a reasonable insurer would not have denied or delayed paying the claim you made. The second element of the standard is a subjective test, meaning that the judge or jury must determine if the investigation of the claim made by the insurance company was properly done and if the results of the investigation performed by the insurance company were then subject to reasonable evaluation and review.
Quick Tips on the Reality of Slip and Fall Accidents
Although many Americans have voiced their opinions that there are too many reality shows on the air, the genre remains a solid staple on the airwaves. There is one particular, high-rated reality show which continually tests our societal consciousness as actors portray various scenarios that either evoke public compassion and action or blurred lines of indifference.
One of the most popular segments of this show is when an actor portrays a staged slip and fall accident in either a grocery or big box store. Although the actor is portraying a carefully crafted personal injury and ready to sue the host merchant, the show's host and his crew are privy to the fall and delight in exposing the various reactions. As the charade is exposed, we as the audience are enlightened as a large percentage of unsuspecting bystanders are quick to out the clumsy imposter but in all reality, these types of accidents can be quite serious.
Despite Crime Rate Decrease, Majority of Americans Think It Is Increasing
Perception is a funny thing; rather than being based upon facts, it is the thoughts and beliefs of one more individuals. And it is often incorrect. Case in point: 70 percent of Americans recently reported that they believe crime is rising, but statistical analysis shows that, over the last decade, crime rates have dropped. Such information shows there is a major disconnection between the perception of crime in the U.S. and the reality.
Violent Crimes in the United States
Each year, the U.S. Department of Justice, Bureau of Justice Statistics, compiles the crime rates for America. In regard to violent crimes, such as rape, sexual assault, robbery, and assault, the overall rates have declined drastically going from 80 victimizations per 1,000 persons in 1994 to 19 per 1,000 in 2010. In the state of Wisconsin, violent crimes have increased slightly, overall, going from 13,748 incidents to 16,714 in the same time period, but sexual assault and burglary crimes have declined.
First Criminal Conviction for Spoofing May Increase Scrutiny for Other U.S. Businesses
In today’s technologically savvy world, fraud is more rampant than ever. Foreign “companies” promise products or services that they cannot deliver on. Unsuspecting Americans are pulled into counterfeit fraud. And companies are able to manipulate the markets in order to fool investors and increase their stock. This last offense — otherwise known as spoofing— has only recently seen its very first criminal conviction. As such, many U.S. businesses may be facing increased scrutiny in how they conduct business, making them more susceptible to accusations of fraudulent activity.
Spoofing and the Market
Manipulation of the stock market is not a new concept; companies, both small and large, have been trying to do it for years. For the most part, such actions were largely unsuccessful, but relatively new high-frequency trading tools have made spoofing much easier to do, and with less risk of detection. In fact, the government has had a hard time keeping up with the activity until recently, unsure of how to convict and prove such actions. However, the recent verdict indicates they may have found a way to start analyzing and criminally convicting businesses, in mass.
Personal Injury Cases: How Long Do You Have to File?
After an accident or injury, some individuals choose not to file a personal injury case. It may be that, initially, the accident or injury seems inconsequential, or it could be a simple case of not understanding one’s rights to seek compensation. Whatever the reason, it may eventually come to light that the implications are further reaching than initially realized and, in order to ensure proper care and medical treatment, the pursuit of a personal injury lawsuit may become essential. The real question is, can you still file?
Statute of Limitations
A statute of limitations provides would-be defendants in personal injury cases with a time limitation on how long they may be held liable. This statute varies greatly from state to state, ranging anywhere from one to six years. For example, North Dakota offers six years to automobile accident victims while only plaintiffs in Louisiana only have a year to file. Wisconsin’s statute of limitations is three years.
SAFE Act: Are Heavier Trucks Coming to Wisconsin Roadways
September of 2015 brought a new bill for Congress to contemplate regarding trucks on United States highways. Wisconsin Representative Reid Ribble introduced a bill to allow larger, heavier trucks on American roadways, called the Safe, Flexible, and Efficient (SAFE) Trucking Act (the SAFE Act). The SAFE Act is allegedly drafted in a manner that will increase highway productivity and decrease the amount of trucks on the road. The bill was drafted in response to a study conducted by the Department of Transportation earlier this year. That study, titled “Comprehensive Truck Size and Weight Limits Study,” was done under federal law requiring such studies be completed under the Moving Ahead for Progress in the 21st Century Act.
Bicycle Safety in Wisconsin
Under Wisconsin law, bicycles are considered vehicles on the roadways, meaning cyclists have an obligation to obey the rules of the road in the same way all vehicles do. They must also be treated as equal users of the road by other vehicles. Just because they are treated like vehicles, however, does not mean that cyclists are as safe as those riding in vehicles. In fact, bicycles are particularly vulnerable among road vehicles, evidenced by the fact that in 2013, In Wisconsin, one bicyclist was injured or killed every ten hours. There are several measures cyclists can take, however, to reduce the risk of crash, injury, or death.
Bicycle Accidents in Wisconsin by the Numbers
In 2013, there were 958 crashes involved bicyclists in Wisconsin, including 868 injuries and ten deaths. In almost every case where there is a crash between a bicycle and a motor vehicle, the cyclist is injured. Bicycles are not protected in the way other motor vehicles are, but there are several measures cyclists can take to reduce the risk of crash, injury, and death. Most bicycle crashes occur between the hours of 3:00 pm and 7:00 pm, after school and commuting home from work hours. It is very important to be extra-vigilant if cycling during those hours.
New Study Could Change How Touch DNA Is Used in Criminal Cases
Beginning in 1986, human DNA testing began to revolutionize the criminal justice system by providing law enforcement and the courts with far better identification evidence by which to prove either the innocence or guilt of a suspect. However, DNA evidence and matches are not infallible; and a recent study suggests that we must, once again, consider just how valid such evidence against an individual may be.
Touch DNA Sensitivity Today
DNA is found within every chromosome and cell of our bodies. It can also be transferred from skin to a surface; this is known as “touch DNA.” Pulled from everything from guns to doorknobs, touch DNA is one of the most widely used forms of DNA evidence in criminal investigations. Initially, large samples were needed for testing, but technology has advanced so much that now we only need a small trace. This has both pros and cons. On the positive side, we can detect the presence of human DNA much more easily. On the negative side — as highlighted by the recent stud y— sampling may actually pick up traces of DNA through second person transfer and the risk of contamination and false match is greater.
All It Takes Is a Handshake
Two graduate students from the University of Indianapolis recently paired up with the university’s director of Molecular Anthropology Laboratory to determine if they could pick up traces of touch DNA from someone that had never touched an item (secondary DNA). Subjects from the study were instructed to shake hands for two minutes. Then, one was asked to touch a test knife. The other subject never came into contact with the test knife.
In 85 percent of the samples, researchers were able to pick up traces of DNA from individuals who had never come into contact with the test knives. It was transferred during the handshake and was left behind by the handler. The implications of this is startling and disturbing, as innocent people could be charged with crimes based on an erroneous match
Changes in How Forensic Evidence Is Viewed
Forensic scientists still do not completely understand how DNA transfers from a person to an object. Secondary transfer may not be the same during brief contact, or when touching rough objects, or when dealing with certain materials. However, this new study and the potential for cross-contamination and false positives are bound to change how DNA is used in criminal cases. It may also be quite important for those who have already been convicted based on DNA matches and other types of forensic evidence. For further reading on the need to improve various types of forensic evidence analyses utilized by law enforcement, see the 2009 study by the National Academy of Sciences, “Strengthening Forensic Science in the United States: A Path Forward.”
Facing Criminal Charges? You Need Knowledgeable and Aggressive Legal Help
When facing an investigation or criminal charges, you need an attorney that is willing to carefully examine the evidence to prepare a solid defense case. When dealing with forensic evidence like DNA, you need experienced defense counsel, who are knowledgeable both in the law and the science. Our team is comprised of highly-skilled litigators, some of whom have worked on the police force, as criminal prosecutors, justice department investigators and have science backgrounds. Schedule your consultation with one of our knowledgeable and experienced Milwaukee criminal defense attorneys by calling 414-271-1440 today.
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