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Recent Blog Posts
Recent Release of New York Police Officer Highlights Difference between Criminal Intent and Fantasy
Some cases are black and white, with a clear line between right and wrong. Other times, the facts are more obscure, hazy, even gray. Case in point: the recent release of a New York police officer who was recently acquitted of all criminal charges after a jury convicted him of plotting to kill and eat women.
Fetishes and the Internet
Fetishes are not always taboo subjects or acts of a violent nature, but sometimes they are. Discussions about them can be found online in chat rooms or fanfiction sites. As with many topics on the internet, no fetish is too grotesque, too violent, or too disturbing. Often, it is a manifestation of fantasy — acts that the writers and readers would never actually commit that leads to criminal charges. But, because of other evidence, investigators believed it was possible the New York officer just might commit the acts he discussed on the internet.
Wisconsin DNA Database an Infringement on Privacy, Lawmaker Says
When charged with a violent crime in Wisconsin, defendants must submit to a sample of their DNA to be collected, stored, and cataloged in a state database. Those records stay there, even if the individual’s charges are ultimately dismissed by a judge. This has some lawmakers concerned about the privacy rights of non-convicted individuals. A bill, set to be presented to the Senate in 2016, is an attempt to remedy the issue.
History of the DNA Database
In 2013 Governor Scott Walker and the state’s Attorney General introduced the idea of a state database containing DNA evidence of those arrested for violent felony offenses.. Representative Dean Knudson and other lawmakers raised concerns over the privacy rights of those that were ultimately vindicated from criminal charges, but nothing was done about these concerns at that time.
Truck Accidents: Safety Advocates Appalled by Trucking Highway Concessions Made in New Highway Bill
Since 2009, the number of deaths and injuries related to semi-trucks have increased 17% and 28% , respectively. And, in the last six years, Congress has been left with few alternatives to remedy some of the major contributing factors behind everyday dangers on the highway. The solution was to forge a bill that, on one hand, might improve safety, but — according to safety advocates — will turn around and diminish it again by giving in to some potentially dangerous concessions sought by the trucking industry.
The Big Concern over Truck Safety
While they fulfill a vital role in our economy today, semi-trucks pose a serious danger to other drivers. Large, oversized, and frighteningly powerful, they have the ability to cause chaos in an accident. A large number of drivers that come into contact with them are fatally injured. The majority of those remaining are often seriously injured. Of course, not all accidents are actually caused by the semis —but when they are, victims are often slighted, not just in life, but also in compensation.
Safe Winter Weather Driving and Wildlife-Related Accidents
In winter, deer and other types of wildlife become more prominent on the roads. As a result, wildlife-related accidents increase. One recent case, which involved two vehicles and a deer in Georgia, caused the death of an 11-year-old child. Sadly, it is far too common of an issue.
Wildlife-Related Accident Statistics
According to the Division of Motor Vehicles (DMV), one in 17 cars is involved in an accident with wandering wildlife — about one every 39 minutes. The majority of those collisions occur on two lane roads, much like the one that recently took place in Georgia. Approximately 200 motorists are killed each year because of an accident involving wandering wildlife.
Reducing Your Risk
While not every wildlife-related accident can be prevented, the following tips can help you reduce your overall risk:
Unmasking the Many Faces of a Criminal Arsonist
As per the National Fire Protection Association (NFPA), from 2007-2011, more than 282,000 intentional fires have been reported to various U.S. fire departments. These incidents are associated with an annual loss of civilian life totaling 500 innocent victims and are also responsible for over 1,000 civilian injuries and costs reaching $1.3 billion in direct property damage.
Robert Disbrow, Jr., who has spent over 20 years investigating suspicious fires and a frequent contributor to the website Firehouse.com, believes there are repetitive patterns of arson that can be sub-classified as those who fall into a serial, spree or mass arsonist categories.
The Serial Arsonist
This type of arsonist often sets as many as three fires at different locations with each incident exhibiting a cooling off period between each event.
Wisconsin’s DOT Releases 2015 Accident Statistics
Each November, the Department of Transportation releases preliminary information on the state’s automobile accidents and fatalities. Sadly, it appears that there were more injuries and fatalities in 2015 than 2013 and 2014. This was also an increase in alcohol-related injuries and fatalities, which were both higher than the previous four years.
General 2015 Accident and Collision Statistics
According to preliminary results, there were 111,791 total accidents and collisions in 2015. Of those, 82,191 resulted in property damage and 29,036 resulted in injury. There were also 509 total fatalities. These death and injury rates are higher than both 2014, in which there 451 fatalities and 28,801 injuries, and 2013, in which there were 491 fatalities and 28,474 injuries. Overall fatality rate increased by .11 percent from the previous year (0.89 percent in 2014 compared to 1 percent in 2015).
Alcohol-Related Crashes
With a total of 5,491 crashes in 2015, drunk driving accidents were significantly higher in 2015 than in the previous four years (4,932 in 2014; 4,954 in 2013; 5,024 in 2012; and 5,297 in 2011).
A total of 218 fatalities and 3,171 injuries occurred because of drunk driving accidents in 2015. These, too, were higher than in previous years (162 fatalities and 2,694 injuries in 2014; 185 fatalities and 2,660 injuries in 2013; 2,907 injuries in 2012, and 2,984 injuries in 2011). However, the fatalities from drunk driving accidents in 2011 and 2012 were higher than in 2015 (225 and 223, respectively).
Speed-Related Crashes
In all, Wisconsin saw 18,389 speed-related accidents, which caused 7,828 injuries and 167 fatalities. Overall, there were fewer crashes than in the previous two years (20,887 in 2014 and 21,290 in 2013). However, more fatalities were attributed to speed-related crashes in 2015 (163 in 2014 and 156 in 2013).
Motorcycle Crashes
For motorcyclists, 2015 proved to be a more dangerous than the previous two years, with 2,376 total crashes, 91 fatalities, and 2,161 injuries. These rates are compared to 2,101 accidents, 67 fatalities, and 1,914 injuries in 2014, and 2,150 crashes, 83 fatalities, and 1,927 injuries in 2013.
Pedestrian and Bicycle Accidents
Pedestrians were involved in more crashes in 2015 than in 2014 (1,244 versus 1,183). They also experienced more injuries (1,244 in 2015 compared to 1,119 in 2014) and fatalities (45 in 2015 compared to 42 in 2014) than in the previous year.
Bicycle accidents were also higher for 2015 than the year, with 1,055 accidents in 2015 (compared to 925 in 2014). Fatalities (10 versus 4) and injuries (976 versus 844) were also higher for 2015 when compared to 2014 bicycle accident rates.
Involved in an Accident? Seek Representation with a Skilled Accident Attorney
There are likely a number of factors have contributed to the overall increase in accidents during 2015, however, regular, everyday, working individuals are still in pain, receiving medical care, missing work, or no longer alive because of these accidents. If you or someone you love happened to be one of them, you may be entitled to compensation.
The skilled Milwaukee automobile accident attorneys at Gimbel, Reilly, Guerin & Brown, LLP, can help. Dedicated to serving the needs and best interest of automobile accident victims, they can ensure your rights are protected and will thoroughly investigate your situation to build a strong case. To find out more, call 414-271-1440 and schedule your consultation today.
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Accident Liability: Case Highlights What Not to Do after an Auto Accident
Automobile accidents happen every day, and every day, well-meaning individuals make poor decisions that could cost them in their case. An argument between a North Carolina senator and another driver highlights some of the biggest — and the most common—mistakes.
Apologizing and Accepting Blame
Immediately after the accident, the senator allegedly apologized to the other driver, saying he did not see her as he was pulling out of a parking space. Afterwards, he attempted to retract his apology in an email to the local news company. In it, he expressed that he had only wished to resolve the matter, but that he had always felt as though the other driver had been at fault for the accident. Unfortunately, the damage to his reputation had already been done.
Lesson: Don’t focus on “blame” after an accident. Make sure all parties are physically okay, including yourself.
Accepting a Good Faith Arrangement
Because he allegedly wanted to resolve the matter quickly and easily, the senator reportedly gave a good faith statement to the other driver, offering to pay for the damages to her vehicle. As a result, the responding officer did not investigate the accident any further. This created a problem for the other driver when, after being denied payment from the senator, she attempted to file a claim against his insurance. The entire incident became a matter of her word against his.
Lesson: Do not enter a good faith arrangement with a complete stranger, regardless of the situation.
Failing to File a Claim
Because they had entered into a good faith arrangement, the other driver agreed not to file a claim with the senator’s insurance. Unfortunately, he never held up his end of the deal, and by the time she went to file the claim, it had been nearly a month since the accident. There was no real evidence, outside of the photos the senator allegedly took, and the police did not investigate blame. The other driver now only had the choice of paying out of pocket to cover the damages, or filing against her own insurance. Thankfully, it does not appear that she suffered any accident-related injuries.
Lesson: If you are in an accident, contact both insurance companies immediately, or contact a personal injury attorney to advise you.
Injured in an Automobile Accident? Hire a Skilled Personal Injury Attorney
You may be entitled to compensation if you or someone you love has been injured in an accident. However, because these cases are often complex, it is crucial that you contact a skilled Milwaukee automobile accident attorney as soon as possible. At Gimbel, Reilly, Guerin & Brown, LLP, we are dedicated to providing aggressive and compassionate representation for accident victims. Contact our offices at 414-271-1440 today to schedule your consultation.
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What Constitutes Theft or Larceny Charges in Wisconsin?
At first glance, the term larceny (theft) might seem pretty straightforward. However, under Wisconsin state law, there are a number of actions that could constitute charges of theft. It is important to understand these statutes, and their definitions, when facing such charges. You may also find it beneficial to know what the consequences may be, should you be convicted.
Definition of Theft under Wisconsin State Law
In the state of Wisconsin, theft or larceny can be defined as any act that includes:
- Intentionally taking the movable property of another person without their consent with the intent of permanently depriving them of that property;
- Converting the use of property from one person to another without the owner’s consent, including (but not limited to) doing so because of a person’s office or position;
Sudden Infant Death Syndrome and the Charges Parents May Face
Each year, more than 3,500 children die of Sudden Infant Death Syndrome (SIDS), which is the sudden death of an infant that cannot be explained after a thorough investigation. So much about what causes SIDS is still unknown. The cause of many SIDS deaths remains a mystery. Unfortunately, some SIDS deaths end up resulting in criminal charges for parents or caretakers, compounding tragedy on top of tragedy.
Mother Convicted of Manslaughter
In 2014, a North Virginia mother swaddled her baby, placed him face down on a couch cushion, and then fell asleep herself. When she awoke, she found her baby boy unconscious. Just a couple months later, the mother was arrested on charges of manslaughter. She eventually plead guilty to those charges and was ordered to complete three years of probation or face five years of imprisonment. Cases relating to criminal charges from SIDS involve parents and/or caregivers failing to follow safe sleep practices, such as giving the baby its own sleeping space or placing the baby on its back to sleep. Other cases involve parents/caregivers who seem to have done everything possible to reduce the risk to their babies. Yet in rare circumstances, they, too, have faced charges. The stress and trauma of having to endure such charges in the midst of such a great and unpreventable loss is undoubtedly devastating.
The Dangers of Distracted Driving Takes a Turn for the Worse
It appears that the dangers of distracted driving have fallen on deaf ears. Not only are drivers placing calls, tweeting and exchanging texts but they are now risking an even higher rate of personal injury by adding surfing the internet to the list of distracted driving practices.
State Farm Insurance recently revealed the results of a seven-year study that concluded that 29 percent of drivers have admitted to surfing the web while behind the wheel, representing a 13 percent increase since 2009.
Additional evidence also revealed that 21 percent of drivers still admit to checking Facebook and Twitter, while one third of drivers polled, openly admit to still texting while driving.
Chris Mullen, director of technology research for State Farm, attributes this latest distracted driving trend to the increased prevalence of smartphones. Mullen noted that a healthy 88 percent of the 1,000 survey participants involved were smartphone users.
Advanced smart phone technology has opened a Pandora’s Box of wider communication features and increased functionality.
These advances have made it much easier to check internet activity rather than just giving in to the urge to send a quick text here and there.
The National Highway Traffic Safety Administration (NHTSA, established under the Highway Safety Act of 1970 and dedicated to achieving the highest standard of excellence in motor vehicle and highway safety, reports that although there had been a 0.1 percent decline in highway fatalities during 2014, they now report a 8.1 increase for the same reporting period of 2015. The NHTSA sees this as a troubling departure from the 2014 general downward trend.
The NHTSA and other concerned state and federal agencies strongly urge our nation’s drivers to just say no to electronically communicating while driving. Various states are currently pushing to make it illegal to even hold a smartphone or electronic device while behind the wheel. Unfortunately, drivers have not been able to break these potentially deadly habits and are pushing the limits as they take a wrong turn down a very dangerous road.
If you have been involved in a car accident due to the distracted driving habits of another driver, the Milwaukee personal injury attorneys of Gimbel, Reilly, Guerin & Brown, LLP have an experienced team of professionals on hand to assess the damages. Our seasoned legal team has experience working with accident investigators, medical professionals and other personal injury experts to ensure our clients receive just compensation. To discuss your case, contact us for an initial consultation at 414-271-1440 today.
Sources:
http://kttc.com/story/30700337/2015/12/08/state-farm-report-finds-more-people-surf-the-web-while-they-drive
http://nbc15.com/home/headlines/More-people-are-surfing-the-web-behind-the-wheel-360935901.html
http://nhtsa.gov/About
http://nhtsa.gov/About+NHTSA/Press+Releases/2015/2014-traffic-deaths-drop-but-2015-trending-higher
