Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Sunday, March 26, 2023

Ignition Interlock Device | OWI in Wisconsin

 

Fast Facts About Ignition Interlock Devices in Wisconsin

OWI convictions are costly. If convicted, you will pay fines and face penalties. One of the penalties is to install an ignition interlock device (IID) on every vehicle owned by or registered to you.

In this post, we cover four common questions about IIDs in Wisconsin.

4 Questions About IIDs in Wisconsin, Answered

  • 1: What Is an Ignition Interlock Device? An ignition interlock device measures your breath-alcohol concentration and locks the vehicle’s starting mechanism if the concentration is too high. IIDs are required as a condition that allows you to keep your license after an OWI conviction. The IID effectively operates as a “breathalyzer” for the vehicle.
  • 2: When is an IID Required? IIDs are required to be installed for a minimum of one full year from the time of conviction and/or reinstatement of driving privileges. Wisconsin judges order the installation of ignition interlock devices for:
  • ALL repeat offenders.
  • ALL first-time offenders with a BAC of 0.15 percent or higher.
  • ALL drivers who refuse to provide a breath or blood sample for a chemical test at a traffic stop.
  • 3: How Much Does it Cost to Install an Ignition Interlock Device? It is up to you to bear the cost of installing the devices on your vehicles. Prices vary by model and are influenced by the make and model of the vehicle they are installed in. Average installation costs in Wisconsin are $100. However, the devices have monthly fees and require bi-monthly calibration, both of which are added expenses. In general, it costs approximately $1,000 to maintain the IID for a year in one vehicle. When it comes time to remove the device, there is an additional charge associated with that. The state does offer assistance for people experiencing financial hardship.
  • 4: Where Do I Get an IID? You will need to find an IID service center to obtain the device. Ignition interlock devices are leased from the service center provider. The lease agreement typically includes installation, monthly service, and removal costs. Any additional costs such as calibration or resetting the device after a violation are assessed separately.

Learn more about IIDs and where to find an installer, here.

Retain Driving Privileges After OWI With Help From Eisenberg Law Offices

If you are facing an OWI, don’t face the charges alone. Besides the legal repercussions, a conviction is expensive. The team at Eisenberg Law Offices is available to help you fight the charges against you and minimize the legal fallout.

Contact our Madison law office for a free consultation where we can discuss your particular situation in detail and advise you of your options. Call 608-256-8356 or email info@eisenberglaw.org to get started.

This post was originally published at https://www.eisenberglaw.org/ignition-interlock-device-owi-in-wisconsin/.

Wednesday, March 22, 2023

Q And A With A Wisconsin Car Accident Lawyer

 

Questions And Answers From a Car Accident Lawyer

Hiring a Wisconsin car accident lawyer can be a daunting thought, but it is a smart move that will only help you. If you have been involved in a car accident and suffered injuries of any kind, an attorney can make sure you are treated fairly, that your claim is handled in a timely manner, and that you receive the full claim amount to which you are entitled.

The most important service an accident attorney provides is to deliver peace of mind. Hiring an experienced attorney to manage your claim means you can focus on recovering from your injuries while they handle the intricacies of the claim.

Q&A With A Car Accident Lawyer

  • What is the first thing an accident victim should do after a car accident?

If you have been in an accident, always get medical attention right away, even if you feel fine. After an accident, adrenaline is high and you may not feel injured until later. Car accident injuries are also insidious. They may not show up immediately and it can take weeks or months before you put two and two together that what you are feeling today may be connected to a fender bender you had 3 weeks ago. A medical exam shortly after the accident can help identify any of these hidden injuries. Plus, you will be better able to get the care you need if and when pain does rear its ugly head.

We also always advise accident victims to get pictures of the damage to their vehicle and to preserve any evidence they have such as medical reports and bills. Keeping notes or journaling about your recovery process can help document the changes the injury has had on your life and be used to build an injury case.

  • How long does it take to settle cases?

How it takes to settle a case is variable. Accident cases depend on several factors, including the type of injuries you have suffered. You may receive an early settlement offer from the insurance company but be forewarned that these offers may be inadequate for your recovery needs. We always advise clients to speak with a Wisconsin accident lawyer before accepting any such offer. We conduct a thorough analysis of your needs to determine the most appropriate claim amount and will advocate for you to receive the full amount you are due.

  • Can I get compensated for my injuries?

Yes. Most people know they can be compensated for any necessary repairs to their vehicle after an accident, but compensation for your injuries is also possible and is a primary consideration in car accident cases. You can obtain compensation to pay for medical bills, lost wages, and property damage, and you can also obtain compensation for pain and suffering and emotional distress.

  • When should I file a personal injury claim?

Wisconsin has a 3-year statute of limitations on personal injury claims, including car accidents. The statute of limitations is two years for wrongful death actions.  This means that you must file a personal injury claim within 3 years from the date of the accident to obtain compensation. If you try to file after this time, your case will be dismissed and you will have lost any chance of obtaining compensation for your injuries.

Contact Eisenberg Law Offices For Help With Your Claim

Meet with a Wisconsin car accident lawyer at Eisenberg Law Offices for help filing a car accident claim. We will guide you through the legal process, negotiate with insurance providers, and advocate for you to receive the full claim amount which you are due. 

Arrange a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/q-and-a-with-a-wisconsin-car-accident-lawyer/

Saturday, March 18, 2023

Fault in a Motor Cycle Accident in Wisconsin

 

Who is Usually at Fault in a Wisconsin Motor Cycle Accident?

A motor cycle accident can be horrific and motorcyclists know they must take responsibility for their own safety. Driving sober, wearing helmets and other protective gear, and obeying the rules of the road are all ways motorcyclists can protect themselves. Despite all of these efforts, motorcyclists are still at risk of serious injury in an accident. To make matter worse, they are usually the victims in road accidents, with passenger vehicle drivers bearing responsibility for most motorcycle accidents in Wisconsin.

The reason for this often comes down to a lack of awareness. Motorcycles are small and difficult to see; they are easily overlooked by inattentive drivers, especially in poor sight conditions or when making turns. Although a passenger vehicle driver may walk away from such an accident with nothing more than a few bumps and bruises, the consequences can be deadly for motorcycle riders.

Wisconsin Motor Cycle Accident Numbers

According to the Wisconsin Department of Transportation, there were 2,104 accidents involving motorcycles in 2020, the most recent year of data available. This resulted in 1,796 injuries and 112 motorcyclist deaths. When compared to statistics for passenger vehicles there was one death for every 25.3 motorcycle accidents versus one death for every 266.9 passenger vehicle accidents. A motor cycle accident in Wisconsin is 10 times more deadly than a car accident.

The 4 Ways Auto Drivers Cause Motorcycle Accidents

  1. They do not see motorcycles. As mentioned above, motorcycles can be difficult for drivers to see. They can be especially hard to see in traffic as demonstrated by the fact that many motorcycle incidents occur when an automobile driver turns left in front of a motorcycle going straight.
  2. They are distracted. Distracted driving is an enormous cause of road accidents regardless of the type of vehicle driven. Unfortunately, motorcyclists bear the worst consequences of distracted driving. Drifting into a motorcycle’s path is a common cause of distracted driving accidents.
  3. They are simply unaware. There are fewer motorcycles on the road than cars. This can lead to a phenomenon called inattentional blindness where people simply don’t notice unexpected objects around them. This causes “looked but failed to see” accidents.
  4. They misjudge speed and distance. Because motorcycles are smaller and less common than cars, it can be harder for drivers to gauge the speed and distance of a motorcycle. This is a primary contributor to the left-hand turn accidents mentioned above.

Determining Fault In a Motor Cycle Accident

Fault in a motorcycle accident is determined using the same methods as determining fault in any other type of auto accident. Evidence is collected by multiple means which can include:

  • Police reports
  • Medical records
  • Witness statements
  • Traffic/road camera or dashcam footage
  • Accident reconstruction

Wisconsin has comparative negligence laws. This means that both parties can be partially at fault for an accident. Operators are unable to recover compensation for an accident if they are 51% or more at fault for the accident. If they are 50% or less esponsible, any compensation awarded is reduced by the percentage of fault. If you are 25% responsible for the accident, your monetary award will be reduced by 25%.

The Motorcycle Attorneys at Eisenberg Law Are Here to Help

Due to the comparative negligence laws, an accurate determination of fault is crucial to securing adequate compensation after a motor cycle accident. The attorneys at Eisenberg Law Offices in Madison, Wisconsin help motorcycle victims build their cases and present the facts to secure the highest amount possible. Without legal representation motorcycle accident victims run the risk of accepting a “low-ball” settlement offer that does not fully cover their recovery needs.

If you have been involved in a motor cycle accident in Wisconsin, contact Eisenberg Law Offices for help. We will work aggressively on your behalf to ensure you receive the full settlement amount you are due so you can focus on recovery after your accident.

Arrange a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/fault-in-a-motor-cycle-accident-in-wisconsin/