What Legal Options Do I Have if My Child Was Injured on a School Bus?

If your child was injured on a school bus, contact a Wisconsin Personal Injury Attorney

Like any accident, legal liability rests on the person or people at fault. However, it can be very difficult to determine who is at fault in the case of a school bus accident because so many different factors come into play. Technically, you can sue if your child is injured in a school bus accident, but you have to be sure you have the full story.
Cases Aren't Always Simple
Sometimes it's easy to determine who is at fault. That texting driver who swerved into a bus, even as the bus driver took defensive maneuvers, is a rather clear-cut case. Other times, it's not so easy; for example, if the bus is traveling on a rural route and hits a deer. It is possible that this was an unavoidable accident. Even then, though, there are more questions. Maybe the driver wasn't at fault, but your child was injured because of a lack of seat belts on the bus (Wisconsin does not require belts on school buses), and it turns out that the three-point belts that some companies have installed would have prevented injury. Do you sue the bus company or school for not having those voluntary belts? What about the original manufacturer of the bus?
Accidents can also cause emotional injury and stress, even if the physical impact wasn't that bad. Because emotional distress after an accident is a real condition, you have the additional decision to make of whether to pursue that type of claim against whoever is at fault.
Your first priority after your child has been injured should be to ensure the child gets better, but the costs of treatment can soon intrude. When you are able to speak with a lawyer, contact Eisenberg Law Offices. You need to get sound legal advice before deciding to sue, and the lawyers at Eisenberg will help you sort through the facts and determine the best course of action.
This post was originally published at https://www.eisenberglaw.org/what-legal-options-do-i-have-if-my-child-was-injured-on-a-school-bus/.

There's a Reason Your Child Shouldn't Sit in the Front Seat

Children sitting in the front seat are in danger of being hurt in a car accident

Adults today may have fond memories of sitting in the front passenger seat as a child and playing with the car radio, but over the years, researchers have found that it is noticeably safer for smaller children to be in the back seat. Wisconsin's requirements vary considerably by age and weight.
Why Can't Smaller Kids Be in the Front?
A major issue for anyone sitting in front is the proliferation of airbags. While the front seat might have been safe decades ago, given that it was the only row of seats with shoulder belts then, nowadays it is actually riskier. If the airbag deploys, it will do so with great force. Kids -- including teenagers -- have more fragile bodies than adults. The force of the airbag can already injure adults, so you can guess how badly they might injure children. And yes, airbags can be fatal, even to teenagers.
So Kids Should Just Sit in Back?
Yes, but keep in mind the type of seat the child is in must meet varying Wisconsin DOT child seat safety requirements that depend on age and size. Kids over 8 years old can sit in front; you may want to have them sit in back anyway, but they won't need a special seat. Kids between ages 4 and 8 who also weigh 40 to 80 pounds and who are 4'9" or shorter need to be in back in a child seat or a booster seat. The seat can face forward or backward.
If the child is between the ages of 1 and 4 or weighs less than 40 pounds -- in other words, a 5-year-old who weighs 39 pounds would be in this category -- then the child must be in a child seat in the back seat. The child seat can face toward the front or back, but it can't be a booster seat.
And finally, children less than 1 year old or who weigh less than 20 pounds have to be in a child seat that faces toward the back of the car. These rules apply to anyone driving in the state.
If you've received a ticket for not using the proper type of seat or having a child sit in front, contact Eisenberg Law Offices. A lawyer can try to help you reduce or eliminate your fine, as well as help you understand the different tiers upon which the law is based.
This post was originally published at https://www.eisenberglaw.org/theres-a-reason-your-child-shouldnt-sit-in-the-front-seat/.

OWI Charges with Minors in the Vehicle

OWI charges and penalties escalate with minors in your vehicle

In Wisconsin, being charged with operating a vehicle while intoxicated (OWI) carries significant consequences. If you are charged with an OWI with a child under 16 in the car with you, though, the penalties go up quickly. Any time you are arrested and charged with an OWI, especially if children are present, you need to contact an attorney to help with your legal defense.
Not Just Drunk Driving
OWI is much broader than just alcohol. Anything that the state of Wisconsin considers a controlled substance can trigger a charge of OWI. This includes alcohol, illegal drugs like cocaine or heroine, or even some legal pain medications and muscle relaxants. If you operate a vehicle while you are under the influence of any drug or medication, you risk arrest for OWI.
If you are alone, your first offense for OWI comes with a fine of between $150 and $300. You may have to go through mandatory alcohol or drug assessment or even get an ignition lock installed on your vehicle. Even if you are taking legal, prescribed drugs, these penalties can kick in.
When a Minor Is with You
While these penalties may already seem severe, they rise quickly if you have a child present in the vehicle. If you are charged with OWI with a child under age 16 in the vehicle, the fine increases to between $350 and $1,100. You also face jail time of up to six months, and can lose your driver's license. A second or later offense for OWI will raise the stakes even more for you. 
Being charged with OWI in Wisconsin can impact your life significantly. Incurring those charges while you have a child in the car with you ratchets up that impact significantly. You cannot afford to face these charges by yourself. Working with the experienced defense attorneys at Eisenberg Law Offices gives you the best chance to defend against these serious charges. Contact us today to learn more.
This post was originally published at https://www.eisenberglaw.org/owi-charges-with-minors-in-the-vehicle/.

What Constitutes a Concealed Weapon in Wisconsin

If you own a gun, know the Concealed Carry rules in Wisconsin

If you are legally entitled to carry a gun in Wisconsin, you may carry it openly. Carrying a concealed weapon in Wisconsin, though, is a Class A misdemeanor. While you may know that this is a crime, you may be surprised what the law considers to be a "concealed" weapon. You may not intend to hide your weapon but still be charged if you do not have a concealed carry permit. Understanding your rights and duties is therefore critical to defending against these charges.
Obvious and Non-Obvious Examples
Some examples of a concealed weapon are obvious. If you hide a deadly weapon in your jacket or under your shirt, you are carrying a concealed weapon. Similarly, if you keep one in a glove compartment of your car, that is concealed. If you or your vehicle is searched, you may face concealed weapons charges if you do not have a permit.
Still, other examples are less obvious but can still get you into trouble. If you have a weapon tucked into your belt and your shirt falls over it, you may be charged. Similarly, a weapon in the seat of your car, or anyplace else that an observer might not see it clearly, can be considered a concealed weapon.
Defend Your Rights
Concealed weapon charges carry a potential sentence of up to nine months in jail and a $10,000 fine. If you have been arrested for carrying a concealed weapon, you still have rights. It may have been found during an illegal search, or there may be other procedural or constitutional protections. An experienced criminal attorney may help you lower your potential sentence or even avoid jail time altogether. 
If you have been arrested on concealed weapon charges, contact Eisenberg Law Offices. Our experienced criminal defense attorneys can give you the legal defense you need.
This post was originally published at https://www.eisenberglaw.org/what-constitutes-a-concealed-weapon-in-wisconsin/.

How Pedestrians Can Stay Safe on Wisconsin Roads

Know how to protect yourself as a Pedestrian on Wisconsin Roads

When you think about accidents on Wisconsin roads, you probably think primarily of vehicle collisions. While these can be dangerous, though, accidents that involve pedestrians are much more deadly. Cars that collide have a lot of machinery and safety features to help protect the people they carry. When a car hits a pedestrian, though, that protection is missing. A person struck on the road can suffer serious injuries or worse. Learning to protect yourself when traveling on foot is vital to your safety.

Pedestrian Safety Tips

Part of learning to protect yourself is understanding the rules you have as a pedestrian. If you take care with how and where you walk or run, you can avoid many of the dangers that cars present. For example, many intersections have crosswalks and pedestrian signals to follow. No matter how much of a hurry you may be in, you should always follow these for your own protection. Use sidewalks or walk on the shoulder toward oncoming traffic, so you can see approaching danger and have a better chance to avoid collisions.
Even when you are following the rules, you should be careful. A distracted or impatient driver may create problems even when you are following the rules. Pay attention and keep an eye out for drivers even at times you have the right of way.

Pedestrian's Rights on the Road

If you follow the rules and pay attention, you can avoid most of the dangers pedestrians face. Unfortunately, accidents still happen. If you are struck and injured by a driver who is distracted or otherwise violating traffic rules, you have a right to compensation for your injuries. A Wisconsin personal injury attorney can help you file the claim.
Drivers often act as though pedestrians should not be in the road. You have a right to use most roadways on foot. Contact Eisenberg Law Offices to assert your rights and recover the damages you deserve.
This post was originally published at https://www.eisenberglaw.org/how-pedestrians-can-stay-safe-on-wisconsin-roads/.

Wrongful Death Suits in Boating Accidents

Has someone's negligence caused the wrongful death of your loved one in a boating accident?

Wisconsin boasts a number of beautiful lakes, and thus many opportunities to enjoy recreational boating. Unfortunately, this also creates the potential for accidents. In 2017, 25 people died in boating accidents in Wisconsin. While sometimes these cannot be helped, often someone's reckless or negligent behavior causes an accident that should never have happened. If your loved one has been killed due to someone else's inappropriate boating behavior, you should contact a Wisconsin attorney for help filing a wrongful death claim.

How Boating Accidents Happen

Most of the time, boating accidents happen because someone acted inappropriately. Exceeding posted speed limits can create dangerous situations, whether by creating unsafe wakes or colliding directly with others on the water. Boating while intoxicated also increases the risk of accidents, as reflexes and judgment decline quickly. Finally, operating a boat in unsafe weather conditions can create problems for you and those around you.
The common element of all three of these is that people's choices create the dangers involved. If someone causes a death while intoxicated, exceeding safe speeds, or in dangerous weather, you may have a claim for wrongful death against that person.

Elements of a Wrongful Death Suit

To succeed in a wrongful death claim, two things must occur:
1. Someone died; and
2. Another person caused that person's death.
You will need to prove that the other person's actions were responsible for your loved one dying. Once you do that, you then need to prove damages. Damages include the loss of society and companionship of your loved one, pecuniary loss, and medical expenses, as well as other potential financial losses. 
If you have lost someone due to another person's behavior while boating, you should contact an attorney immediately. Eisenberg Law Offices has the experience to help with your wrongful death claim in Wisconsin.
This post was originally published at https://www.eisenberglaw.org/wrongful-death-suits-in-boating-accidents/.

Fight a Traffic Ticket In Wisconsin | WI Traffic Attorneys

Fighting A Traffic Ticket Can Protect Your Insurance Rates

Almost anyone who has ever been pulled over and received a ticket considers whether or not to fight the ticket, but most don't bother. A traffic violation isn't a criminal offense and Wisconsin makes it so easy to pay the fine and move on that it seems easier to do just that. Not fighting a traffic ticket is the same as pleading guilty.  Even people who feel they received the ticket unjustly would rather skip the hassle of fighting it.
While it is true that in most cases receiving a ticket won't have much impact on your life, one area where it does have the potential to greatly impact you is on your car insurance rates. There's a good chance your next premium payment will be higher if you are charged with a violation.

Traffic Violations And Their Impact On Insurance Rates

Auto insurance providers check their customers' driving records periodically, sometimes as frequently as every 6 months, but most often when your policy renews. If you have received a ticket since your last renewal, the insurance provider may decide to increase your auto insurance rates. For some drivers, this increase is quite substantial, making it worthwhile to contest the ticket in court.
Some violations are more likely to increase your rates than others. OWI, DUI, DWI, reckless driving, and driving on a suspended license can all lead to significantly higher rate increases than speeding, running a stop sign, or seatbelt violations, for example. The chances of a rate increase jump exponentially if you're involved in an accident as a result of your driving.

Consult Eisenberg Law's Traffic Ticket Attorneys If You Receive A Citation

If you receive a traffic violation in Wisconsin, speak with an attorney at Eisenberg Law Offices before you pay the fine. Depending on your driving record, the specifics of the violation, and your insurance company's practices, it may be worth the time and effort to fight the ticket. Tickets that are fought in court can be reduced or dismissed, either of which can help protect you from insurance rate increases. Our traffic attorneys will take a look at your situation and advise you on your best course of action based on the circumstances.
Contact Eisenberg Law Offices at 608-256-8356 or Info@EisenbergLaw.org to discuss your situation.
This post was originally published at https://www.eisenberglaw.org/fight-a-traffic-ticket-in-wisconsin-wi-traffic-attorneys/.

Motorcycle Accidents And Product Defects

When Defects Cause Motorcycle Accidents

Motorcycle accidents tend to result in the most serious injuries of any type of vehicular accident. Not only are motorcyclists more likely to be involved in an accident than automobile drivers, when an accident does occur, the risk of death or serious injury is higher. Motorcycles are smaller, which makes them harder to see than cars and is one of the top reasons why such accidents occur, but defects in the motorcycle can also cause accidents with the most common defect being brake failure.
Brake failure can play a role in all types of motorcycle accidents including those that involve inclement weather and traffic safety violations like speeding or weaving in and out of traffic, but it can also lead to an accident that never should have occurred in the first place. If a motorcycle can't stop, even in clear and dry conditions, the situation can turn deadly quickly.
The Honda Case
To illustrate just how serious motorcycle defects are, Honda Motor Company has enacted two recalls of their GL-1800 motorcycle due to a braking safety issue. The recall applies to model years 2001-2010 and 2012 because of a defect in the secondary brake cylinder. This component may cause dragging in the rear brake which can lead to unexpected crashes and even fires. Fortunately there haven’t been any injuries or deaths attributed to this defect, but Honda has received over 500 complaints about issue.
While we applaud Honda for taking the proactive step of recalling these motorcycles for component replacement, it is a stark reminder that even safe and normal operation of a motorcycle can be dangerous and lead to injury-causing accidents.

Consult Our Injury Attorneys In Madison After Vehicular Accidents

Whether the motorcycle accident is due to a product defect or another driver's actions, if injuries result, it's best to contact Eisenberg Law Offices injury attorneys in Madison, WI right away. Our attorneys will review the evidence and evaluate whether or not the motorcycle manufacturer or other driver could be held liable for the motorcyclists' injuries. Injury attorneys can help injured parties recover compensation that can be used to pay for medical bills, pain and suffering, and more.
To learn more about obtaining compensation after a motorcycle accident, contact the Eisenberg Law Offices injury attorneys in Madison at 608-256-8356 or Info@EisenbergLaw.org to schedule a free consultation.
This post was originally published at https://www.eisenberglaw.org/motorcycle-accidents-and-product-defects/.

Delayed Car Accident Injuries | Eisenberg Law Offices

Be Aware Of Delayed Car Accident Injuries

The most dramatic car accident injuries, such as lacerations and broken bones, are apparent in the immediate aftermath of an accident, but those aren't the only type of injuries to worry about. Delayed car accident injuries can be just as debilitating and just as dangerous to your recovery and long-term health. These delayed injuries may not show up until hours, days, or weeks after the accident has occurred.
The human body has an incredible ability to compensate for injury or discomfort. You may be injured and your body adapts to it without you even being aware of it. Unfortunately, that only lasts for so long. Eventually, the stress and strain on your body due to improper mechanics become evident and you're wondering why you have headaches all the time, or stiff joints, sore muscles, or trouble with your balance.
It's for this reason that so many professionals from paramedics and law enforcement officers to car accident attorneys recommend seeing a doctor after an accident, even if you feel fine. Another reason to see your doctor and get a clean bill of health has to do with insurance companies.

Examples of Delayed Car Accident Injuries

Most delayed injuries involve the head, neck, and spine but soft tissue injuries to muscles, ligaments, and tendons are also very common. It's not unusual to experience a mix of injuries, but the one thing they all have in common is a tendency to manifest themselves several days or weeks after the incident occurs. You've no doubt heard of all of these injuries as being associated with car accidents:

• Whiplash
• Concussions
• Sprains
• Bruises/contusions
• Back injuries

Sometimes, victims are so distracted in the aftermath of the accident that they can't even feel the injury; they're running on endorphins and adrenaline. In other cases, they brush off the discomfort they feel as being so minor as to not be worthy of a trip to the doctor. More serious injuries like whiplash and concussions may not show symptoms until several days or weeks after the accident because they take time to develop as inflammation continues to increase. Complicating the situation is the fact that some soft tissue injuries can't be identified with an X-ray and diagnosis becomes challenging.

Steps To Take After A Car Accident

If you have been injured in a car accident, we recommend seeing a doctor right away for a full evaluation, even if you feel fine. Anytime you have been involved in an auto accident, you have the right to pursue compensation from either your own insurance provider or the other driver's insurance company, depending on the circumstances. This compensation can help pay for medical bills, lost wages, pain and suffering, and other expenses that arise as a result of the accident.
To receive compensation in these types of situations, you'll need the advice of the experienced auto accident attorneys at Madison's Eisenberg Law Offices. If you have been seriously injured in a car accident or are experiencing problems with an insurance provider and want to discuss your options, contact Eisenberg Law Offices at 608-256-8356 or Info@eisenberglaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/delayed-car-accident-injuries-eisenberg-law-offices/.

Illegal Search and Traffic Stops in Wisconsin | Terry Rule

The Terry Rule And Illegal Search In Wisconsin Traffic Stops

Traffic stops usually create a feeling of anxiety in drivers, especially when the driver doesn't know why he or she was pulled over and then starts getting questioned by the police. Even more disturbing is if the police begin to search the vehicle. It's not uncommon for police in these situations to cite the "Terry Rule" as justification for the illegal search and questioning.

The Terry Rule

The Terry Rule, also referred to as the Terry Stop or Terry Search is another term for a stop and frisk. The name comes from the U.S Supreme Court case Terry v. Ohio which determined that when a police officer has a reasonable suspicion, he or she can temporarily question and detain drivers or passengers, even without an arrest, in a public place for a reasonable amount of time. A Terry Stop is considered a seizure under the Fourth Amendment and should only happen when the officer has reasonable suspicion and/or the occupant(s) has attempted to flee the officer.
In order for police to conduct a search under the Terry Rule, the person stopped must be a valid suspect. That means the officer cannot conduct a stop for no reason.  The officer must have reasonable suspicion for conducting the stop.

Types Of Searches Allowed Under The Terry Rule

Even though the Terry Rule allows searching by an officer of the law, the extent of the search is supposed to be extremely minimal. The types of searches typically conducted under the Terry Rule include:

• Inconsistent Identification. The police may conduct limited searches due to inconsistencies between the information the person who was stopped provided and what is available in the police records database.
• Refusal to Provide Identification. Searches can also be conducted when the person stopped refuses to provide identification or claims that they do not have identification, but the officer suspects otherwise.
• Weapons Searches. If the officer feels threatened and has reasonable suspicion that he or she is in harm's way, a search may be made. Lawful weapons can only be held during questioning. Unlawful possession of weapons results in an arrest being made.

The Terry Search Is Confusing But Your Rights Are Not

The Terry Rule, Search, or Stop can be confusing to Wisconsin drivers. On the one hand, you are being told the officer has a right to search your vehicle, but on the other hand, you know that you are protected from unreasonable searches and seizures thanks to the 4^th Amendment of the U.S. Constitution.
Keep in mind that the U.S. Constitution takes precedence over state law. The Fourth Amendment prohibits unreasonable searches and seizures and requires that probable cause be established before a warrant is issued. Your Constitutional rights may have been violated by an illegal search during a traffic stop, but you'll need to consult a qualified criminal defense attorney to be certain.
What may seem to you to be a warrantless search may be allowed due to the officer's reasonable suspicion or if you tried to evade the officer, flee the situation, or withhold information. On the other hand, if you are arrested you must be read your Miranda Rights; any failure of the officer to do so could bolster your own defense. Drivers must walk a fine line under the Terry Rule; offering too much or too little information could result in a search making it difficult to decide what to do during a traffic stop situation.
Our best advice is to comply with officer requests as best you can. Don't fight the officer and be respectful, especially if you deny your consent to a search. However, if you feel like your rights have been violated during the traffic stop, contact one of our Wisconsin criminal defense attorneys for advice. We'll examine the evidence, ensure your right to due process is protected, and will uncover any actions or activities on behalf of the officers that may have violated your rights. If it turns out that you are charged with a crime based on evidence collected from a traffic stop and search that never should have happened, we can use this information to build your defense case. The repercussions of criminal convictions last forever, even if you've paid the price with jail time or fines.
Don't risk the rest of your life based on the results of an illegal search. Contact Eisenberg Law Offices in Madison, Wisconsin for help. We offer free consultations and accept cases throughout Wisconsin and northern Illinois. Call Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange your free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/illegal-search-and-traffic-stops-in-wisconsin-terry-rule/.