Distracted Driving - It's More Than Texting

Distracted driving is now well-ensconsed in people's minds as a threat to road safety. Campaigns to get people to put down their phones and concentrate on the road have had an effect. Now, most drivers realize that texting or talking on the phone while holding it in their hand can divert their attention from what's in front of them. However, texting and phone use are not the only causes of distracted driving. Anything that pulls your attention away from the road can lead to distracted driving -- even your own attention span.
When you drive, you have to pay attention to the road, the cars around you, traffic signals, signs, potholes, and a host of other issues. Take your attention off the road at all -- in other words, become distracted -- and you could end up reacting too late to stop an accident.
External distractions include getting lost in texting or web surfing on your phone, paying more attention to switching the radio station, reaching into your purse, trying to stop your dog from attacking the gearshift, picking up that soda from a cupholder, and even just talking to the passenger next to you. Texting alone increases your chances of getting into an accident by 6.1 times, and that is among the smaller increases, according to the National Academy of Sciences; imagine how many more accidents are due to those additional distractions.
You can have internal distractions, too. Daydreaming and being tired are two big contributors to distraction. Even if you aren't fully drowsy, simply not paying that much attention to the road because you want to get home fast and nap can be distracting.
If you have been in an accident that involved distracted driving, you must speak with a lawyer immediately. Contact Eisenberg Law Offices at (608) 256-8356to discuss your case. Do not head to court on your own.
This post was originally published at https://www.eisenberglaw.org/distracted-driving-its-more-than-texting/

Serious Personal Injuries and Legal Options

Know your rights for serious personal injuries

An accident is a stressful event, to say the least. It also has a side effect that can really throw people for a loop: a delayed reaction to injury. While many accidents result in personal injuries that are obviously, visibly serious, others result in what may feel like a little soreness at first but then grow into a full-fledged chronic injury that seems to get worse a day or so after the accident. This can be more than distressing because you thought you were fine, and yet now you're not. You do have legal remedies that can help cover those unexpected medical bills.
Once you start noticing increased pain or other problems, make an appointment to see your doctor. Keep copies of all records, from the calls to the visits to the trips to the pharmacy or other places related to your diagnosis.
Keep an eye on the statute of limitations. While you'll have more than just a few days to file any claims and lawsuits, time can pass quickly, and the three years you have to take care of legal issues can disappear. It's better to -- once you are physically able to -- contact a lawyer to discuss what you should do moving forward. If the accident and injury were caused by someone else, you need to be able to seek compensation from that person and their insurance company, and you have only a limited time in which to do that.
When you are able to, contact Eisenberg Law Offices at (608) 256-8356. Speak with a lawyer about the best course of action for you given the circumstances. You need compensation to cover bills and other costs, and legal action is often necessary.
This post was originally published at https://www.eisenberglaw.org/serious-personal-injuries-and-legal-options

5 Questions to Ask Before Hiring a Wisconsin OWI Attorney

Getting answers to these questions will help you hire the right OWI attorney

If you are arrested for OWI, you are facing serious charges. Wisconsin imposes strict consequences for even your first offense of driving under the influence of drugs or alcohol. Before you hire an attorney, you need to be comfortable that he or she will give you the best defense possible. These five questions should help you make a good choice for your needs.
1. What Is Your Experience in OWI?
You do not want someone who is not comfortable with managing an OWI defense. An attorney without criminal defense experience, especially in defending against OWI cases, may not give you the best chance in court. You should also make sure he or she is familiar with the local court and judges.
2. What Is Going to Happen to Me?
If an attorney pretends you don't face serious consequences, you may have the wrong person. Your lawyer should give you the best and worst case scenario, and be honest about both what you can hope for and what you face if you lose.
3. How Will I Be Billed?
Your lawyer needs to be honest about how you will be charged, and what the defense will cost you. Attorneys are not allowed to conceal charges, and should give you a clear schedule of fees for their services.
4. What Will Your Strategy Be?
Your OWI defense is critical for your future, in terms of potential fines and jail time. Accordingly, your attorney should be willing to talk through strategy with you. This means both advice on how to proceed and honest discussion about what to do.
5. How Will We Communicate?
Similarly, you need to know what is happening along the way. Your lawyer should be available to answer your questions and willing to talk through what is going on. A communication plan protects both of you over the course of your defense.
Hiring your OWI attorney is the most important choice you will make after your arrest. Make sure you ask the right questions so you can feel comfortable with the person representing you.
This post was originally published at https://www.eisenberglaw.org/5-questions-to-ask-before-hiring-a-wisconsin-owi-attorney

Understanding Possession Laws in Wisconsin

In Wisconsin, as in many states, possession can be a crime. You can illegally possess drugs, drug paraphernalia, firearms, or many other items. Before you assume you are safe on these fronts, though, you should know that possession is not always obvious. Depending on your circumstances, you may be arrested without even being aware you had legal possession.
Physical Control
The most obvious kind of possession comes when you have something with you. If you have drugs or a firearm in your hand or in your pockets, you have legal possession. It does not matter in these instances whether you own it. If someone hands you a gun or drugs, you are in possession of those items.
Your Property
You don't have to have physical possession of something to have legal possession. If it is on your property, or in a space you own, you can also be in possession. This can include a room in your house, an apartment, a storage space, or anything else that is in your control. If you own or lease space somewhere, and an illegal product is found there, you may have possession of that product under the law.
Shared Possession
Possession is not just a matter of choosing a single person. If you are in a shared space, whether an apartment with a roommate or even a car in which you are one of several passengers, everyone in the apartment or car can be considered in legal possession. Here it does not matter who owns the item or is responsible for it being there. If you have any right of control over the space, you and everyone else can be found in possession.
Your Legal Rights
None of this means that you do not have options. If you are arrested for possession, you should contact an experienced criminal defense attorney to help you understand your rights. At Eisenberg Law Offices, we have experience with these issues and with the courts that handle them in the Madison, Wisconsin area. Contact us today for a strong defense against charges for possession crimes.
This post was originally published at https://www.eisenberglaw.org/understanding-possession-laws-in-wisconsin/

What Happens After Arrest for Misdemeanor Theft in Wisconsin

Hire a Criminal Defense Attorney if you've been charged with misdemeanor theft

If you are arrested for a misdemeanor theft, the court's process can be confusing. Instead of going it alone, you should hire an experienced criminal defense attorney to help. This gives you your best chance to navigate the next steps and defend against the charges. The right attorney can help at every stage along the way.
1. Your Bond Hearing
Before you even have a judge in place, you appear before the court commissioner. That person will decide whether you can be trusted to remain out of jail until your court date. An attorney can help you here by laying out relevant reasons: your time living in the community, your need to keep working at your job, or even the fact that you hired an attorney to represent you in court. If the commissioner agrees, you will receive a signature bond, which means you sign an agreement to pay a certain amount if you fail to appear for your future hearings.
2. Plea Hearing and Discovery
Your next hearing is where you plead guilty, not guilty, or no contest to the charges brought. A good attorney will talk to you about your options beforehand. Your attorney will give his or her name for the record and state that he or she is representing you. Assuming you want to fight the charges, the attorney will enter a plea of not guilty.
At this point, the prosecuting attorney will turn over any evidence against you: police reports, witness statements, interview notes, pictures, and anything else planned to use against you. Having an experienced attorney is critical for not only examining the evidence, but planning how to defend against what the prosecutor will present.
3. Judge Assignment and Hearing Date
Finally, a judge will be assigned to your case, and a date for your next hearing will be provided. An attorney familiar with the local judges can make a tremendous difference for you, as each judge might require a different approach and strategy. In Madison, Wisconsin, Eisenberg Law Offices can help you with every step to get you the best defense possible.

This post was originally published at https://www.eisenberglaw.org/what-happens-after-arrest-for-misdemeanor-theft-in-wisconsin

What to Do if a Dog Bites Your Child

Protect your kids and your legal rights after dog bites

Kids are often drawn to animals. A dog can pull in children like few other attractions. Most of these interactions are friendly and happy, but sometimes a dog will bite. This can frighten your child, and result in serious injury. If a dog bites your child, you should take immediate steps to protect the child and your legal rights.
Talk to the Owner
When possible, you should talk to the owner. This lets him or her know something happened, and that the dog might be dangerous to others. It also gives you a chance to make sure the dog has had its vaccinations. A dog bite is always dangerous, but if the dog has rabies or other conditions, it can become much worse.
Report the Incident
Report the bite to the Wisconsin Department of Health Services. They will then take steps to evaluate the dog and make sure it does not pose additional risks, whether due to disease or temperament. The state needs this information to help protect others from attacks, especially if it is a violent animal. It also gives you a record of the event so you can protect your legal rights later.
Get Medical Help
You should clean the site of the injury right away. Your child will probably be scared or upset, but treating the would will help prevent infections and calm him or her down. After this, you should see your doctor to make sure the child does not need additional treatment. The more you do to treat these injuries up front, the less likely it will become something more serious.
Get Legal Help
Under Wisconsin law, you are entitled to the full extent of damages a dog bite causes. If the owner has already been notified the dog is dangerous, this can double the damages you sustain. If a dog bites your child, you should seek experienced legal help to get you the recovery you deserve. Eisenberg Law Offices has the experience to help you through the process.
This post was originally published at https://www.eisenberglaw.org/what-to-do-if-a-dog-bites-your-child/

Five Key Causes of Wisconsin Boating Accidents

Know how to avoid Wisconsin Boating Accidents

Getting out on the water provides some of the great summer recreation in Wisconsin. As more people fill the lakes, though, the potential for danger rises. You need to be careful and know what you are doing. Otherwise, accidents happen. Eisenberg Law Offices is there to help, but we want you to be safe first. Avoid the following causes of most Wisconsin boating accidents.
1. Inexperience
Everyone has to start somewhere, but people with less experience handling boats are more likely to have accidents. You can mitigate this by going out with someone more experienced. You should also practice in less crowded or more open water, to build experience before you take on too much.
2. Going Too Fast
Just like driving, running your boat at high speeds gives you less margin for error. The faster you go, the less time you have to react to anything happening in front of you. Slow down and pay attention when you are boating.
3. Disrespecting Mother Nature
If you don't like the weather in Wisconsin, wait a minute. The weather here changes quickly, and on a boat, that can have a big impact on what you are doing. Shifting and gusting wind can change the water under you quickly. Pay attention to the weather and make the adjustments you can to keep from losing control.
4. Carelessness
Boating can be one of the most relaxing activities you enjoy. If you are not careful, though, you can run into problems with other boaters, swimmers, or a boatload of other sources of accidents. Keep your focus, and make sure someone is watching for lurking dangers.
5. Maintenance Problems
Just like your car, your boat requires regular maintenance. Keep the bottom clean and the rudder clear. Clean and maintain the engine. The more you do to ensure all is working well, the less likely a maintenance problem gets you into trouble.
Boating in Wisconsin is very much a leisure activity, but you still need to focus and be careful. If you've been involved in a boating accident that someone else caused, contact Eisenberg Law Offices today.
This post was originally published at https://www.eisenberglaw.org/five-key-causes-of-wisconsin-boating-accidents/

Follow These Safe Driving Tips for Teens This Summer

Share these safe driving tips with your teen drivers

In the summer months, Wisconsin teenagers are out of school and spend more time on the road. This combination of fewer responsibilities and more free time often leads to a higher number of accidents. Fortunately, you can prevent many of those accidents with careful driving. The following steps can all lead to a safe, fun summer for your teenage drivers.

Focus on Driving

Distracted driving remains a potent safety hazard for drivers of all ages. The one you hear about most often is texting and driving. If you are looking down and typing on your phone, you can't see what is happening around you, and that leads to accidents. Distracted driving is more than this, though; if you are turning to look at friends, eating or drinking, or even playing with your radio, it can pull your attention from the road. It only takes a second for a risk to emerge on the road. Keep your focus on the task at hand.

Follow the Law

The teenage years often bring rebellion. For some, this means pushing against driving restrictions: driving over the speed limit, driving without a seat belt, or drinking and driving. It might seem thrilling, but any of these can result in accidents with serious injuries. Driving laws are in place not to restrict you, but to protect you. Take your time and follow the rules of the road to stay safe.

Stay Alert

One of the perks of summer for many teens is the chance to stay out late and do more during the day. While this can give you fuller, more exciting days, it can also leave you exhausted at the end of it. If you are driving tired, that is not much better than driving drunk. Your reflexes slow and your attention wanes. Get the rest you need and make sure you are ready to drive. Summer is a great time for teenagers to enjoy freedom that they don't have during the school year. When you get behind the wheel, you still need to take it seriously. Be careful, and enjoy a fun, safe summer.
This post was originally published at https://www.eisenberglaw.org/follow-these-safe-driving-tips-for-teens-this-summer/

Sexual Assault Charges | False Accusations

4 Steps to Protect Yourself When Falsely Accused of Sexual Assault

Sometimes sexual assault charges are false, but proving innocence can be difficult given the visceral response most people have to allegations of sexual assault.
Being falsely accused of sexual assault can be trying. The concept of "innocent until proven guilty" seems to go out the window and the accused can be ostracized or feel abandoned by friends and family. Even if you know you are innocent and even though the U.S. legal system presumes your innocence until proven guilty, it's important to protect yourself and build a strong defense against the accusations. The stakes are simply too high to leave to chance and the assumption that your innocence will be proven.

Protect Yourself Against False Sexual Assault Charges

Take steps to protect yourself as soon as you learn of the sexual assault charges. Use this checklist to get started:

1. Use Your Constitutional Rights. It may go against your nature to remain silent when you are being accused of something you didn't do, but if you are in police custody or being questioned or investigated by police, invoke your constitutional rights to: Remain Silent and Have an Attorney Present.
2. Don't Ignore False Charges. Do not underestimate the damage that false accusations can have on your life. Even if it ends up that the charges are found to be untrue, you'll still probably be detained and questioned by the police, have your life investigated, and see your reputation suffer. Never assume that just because you are innocent, you can't be harmed; you can.
3. Collect Documentation. Write down every detail you can about the situation when the information is still fresh in your mind. Collect names of potential witnesses and contact information so your attorney can follow up with them.
4. Meet with a Criminal Defense Attorney Right Away. As soon as you are accused, contact an experienced criminal defense attorney to help you build a defense. Early actions can provide serious protections and prevent you from saying or doing anything to jeopardize your case.

Eisenberg Law Defends The Falsely Accused

Being convicted of sexual assault will affect you for the rest of your life. You face fines and jail time, possible registration as a sex offender and will likely lose your job and perhaps your home. The risks are simply too high to ignore sexual assault charges, even if you know that they are false.
If you have been falsely accused of sexual assault, contact Eisenberg Law Offices at 608-256-8356 or Info@eisenberglaw.org to discuss your situation in a safe and confidential setting.
This post was originally published at https://www.eisenberglaw.org/sexual-assault-charges-false-accusations/

Punitive Damages In Wisconsin PI Cases | Eisenberg Law

Recovering Punitive Damages in a Personal Injury Case

Personal injury cases in Wisconsin can yield many different types of damages that are awarded to victims. Most people are familiar with compensatory damages which are awarded to cover pain and suffering, medical costs, legal fees, lost wages, and damaged or destroyed property. Less familiar to many people is the fact that victims can also recover punitive damages.
Punitive awards are not available in every case; they are usually only available in extreme circumstances.

Punitive Damages: Punishment and Deterrence

Most of the damages awarded in personal injury cases are intended to reimburse or pay back the victim for what he or she lost due to the actions of the other party. That's why damages are awarded based on things that have been lost like wages and property or even the ability to work, as well as expenses incurred like medical bills.
Punitive damages are different. These damages are designed to punish the defendant for actions that are well outside the realm of acceptable behavior. Not only is the defendant punished, these damages are also used as a deterrent to prevent others from acting similarly.
In Wisconsin, punitive awards are capped at $200,000 or two times the amount awarded in compensatory damages. Plaintiffs carry a high burden of proof when trying to win punitive compensation and they are only available in situations where the defendant intentionally disregarded the rights of the victim or acted in a malicious, willful, and wanton manner.

Is It Worth It?

Due to the cap and the high burden of proof required, it is rare for victims to pursue punitive compensation in Wisconsin. Even when victims do recover punitive awards, there is a risk that it can be lost on appeal or tied up in legal wranglings for years. Collection is difficult too. Insurance companies rarely cover punitive awards, which means the defendant has to pay for the damages personally...something that may never happen.
This doesn't mean that it is never worthwhile to seek punitive awards. Perhaps the most important role these damages play is to set an example and a strong message that such behavior is unacceptable in the State of Wisconsin.
If you have been involved in a personal injury situation and wonder if a punitive award is possible in your case, contact Eisenberg Law Offices at 608-256-8356 or Info@eisenberglaw.org to schedule a free and confidential consultation.
This post was originally published at https://www.eisenberglaw.org/punitive-damages-in-wisconsin-pi-cases-eisenberg-law/

Wisconsin OWIs And Enhanced Charges | WI OWI Defense

5 Situations That Can Lead to Additional Wisconsin OWI Charges

The laws surrounding Wisconsin OWIs do not treat all drunk driving offenses the same. The repercussions of an OWI depend on many other factors, which is why punishments vary.  Sometimes an OWI charge leads to unexpected additional charges. These enhanced OWI charges can be attributed to the adoption of stricter penalties by the legislature in 2016 as well as increased enforcement.
Following is a list of 5 of the most common situations where a driver could face additional charges during an OWI arrest.

5 OWI Situations That Often Result in Additional Charges

1. OWI with a Passenger Under 16. Anyone who is charged with an OWI while transporting a passenger under 16 years of age can also be charged with a felony.
2. Exceedingly High Blood Alcohol Content (BAC) Readings. Drivers with exceedingly high BAC levels can expect fines and penalties to be doubled, tripled, or quadrupled depending on their BAC reading.
   • Double penalties are assessed for BACs of .17 to .199.
   • Tripled penalties are assessed for BACs of .20 to .249.
   • Quadrupled penalties are assessed for BACs of .25 or higher.
3. Circumventing Ignition Interlock Devices (IIDs). If a driver has multiple OWI convictions he or she will be required to install an ignition interlock device (IID) on any car they operate. IIDs prevent the vehicle's ignition by requiring the driver to blow into the device so a BAC reading can be recorded. Circumventing or disconnecting an IID can lead to additional charges and fines ranging from $150 to $600 and up to six months in
4. OWI While Driving a Commercial Vehicle. Commercial drivers face especially harsh penalties for OWIs. Even first time offenders may be disqualified from commercial driving for 12 months in addition to the typical first-time offender fines and penalties. If they happen to be transporting hazardous materials at the time of the OWI, they can be disqualified for 3 years. Second-time offenders will generally receive a lifetime revocation of their CDL, although in some cases the revocation may be limited to 10 years.
5. Drunk Driving Under 21. The legal age for alcohol consumption in Wisconsin is 21. Underage drivers who are found to have any concentration of alcohol in their blood up to .08 will lose their driving privileges. How long they lose their privileges depends on whether it is a first or subsequent OWI. At a minimum, drivers should expect a 90-day suspension and an IID requirement.

Arrange a Free Wisconsin OWI Defense Consultation at Eisenberg Law Offices

Eisenberg Law Offices has been defending drivers facing Wisconsin OWI charges for over 35 years. Our experienced team of OWI defense attorneys represent drivers throughout Wisconsin.
If you are facing OWI charges in Wisconsin and need experienced legal representation, contact Eisenberg Law Offices at 608-256-8356 or Info@eisenberglaw.org. We offer free and confidential consultations.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-owis-and-enhanced-charges-wi-owi-defense/.

Comparative Negligence and Wisconsin Car Accidents

For Wisconsin Car Accidents, how does Comparative Negligence work?

In a Wisconsin car accident, whoever is found to be negligent, or at fault, for the accident is the one who will be liable for any damages incurred by either the negligent party or the other party. Damages may be property damage or injuries suffered by you and anyone else who was involved in the car accident such as the other driver, passengers, pedestrians, etc.
But what if both drivers are responsible for the accident? This situation calls into question the concept of comparative negligence. Comparative negligence in Wisconsin allows even those who are at fault to claim some of the insurance settlement in a Wisconsin car accident.

The 51 Percent Rule

Wisconsin's comparative negligence rule is also referred to as the 51 percent rule. This means that if you are found to be responsible for 50% or less of an accident, you can try to recover damages. The amount you can recover will be based on the percentage of fault you had in the accident; if you were at fault for 25% of the accident, you can recover 75% of the cost of the damages incurred in a Wisconsin car accident.
If, however, you are found to be responsible for 51% or more of the accident, you are considered to be primarily responsible for the accident and you won't be able to collect any damages related to the accident from the other party's insurance provider.

Dealing With Insurance Providers

Drivers carry car insurance to protect them against financial loss if they are ever involved in a car accident. One of the first things you and the other driver will do is contact your insurance carrier to report the accident and file a claim so you can get reimbursed for damages and pay to have your car fixed. Unfortunately, it's not always that easy or straightforward, especially when there are questions about fault for the accident.
Most insurance companies will work hard to prove that their policyholder was not at fault and the other party was more negligent. This makes the other party responsible for the accident and forces their insurer to cover damages. This blame game is a common tactic that is designed to limit the amount the insurer must pay out under the policy, but even if you aren't negligent, you may still find yourself fighting the insurer for a fair payout. You may be offered a settlement that is too low in exchange for a quick payout or to avoid going to court.
Don't fall for these schemes. The insurance company will have legal advisors and representatives trying to limit the company's losses.  You should have legal representation as well to ensure you get a fair payout.
The Wisconsin car accident attorneys at Eisenberg Law Offices are here to help you obtain the insurance payout you are entitled to after a car accident. Our team is experienced with all of the scare tactics and delays that insurance companies use to try to limit payouts and will use our experience to fight for your right to damages, even if you are partially at fault for the accident.
Contact Eisenberg Law Offices at 608-256-8356 or Info@eisenberglaw.org to discuss your situation free of charge.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/comparative-negligence-and-wisconsin-car-accidents/.