Madison Car Accident Attorneys | Right-of-Way Laws

Madison Car Accident Attorneys Explain Wisconsin Right-of-Way Laws

Right-of-way laws are created to help prevent accidents. They are one of the most basic components of any Driver's Ed class and a must-know in order to pass the licensing exam. By delineating when to proceed versus when to yield, right-of-way (ROW) laws protect drivers and ensure orderly progression of traffic.

Despite how crucial right-of-way laws are to traffic safety, our Madison car accident attorneys see many cases each year that resulted from a failure of drivers to follow those laws. Failing to follow these rules of the road can result in injuries or death, property damage, and a lawsuit. Lawsuits can be filed against drivers who were at-fault for the accident, the compensation of which is often used to help victims recover from the financial impacts of the accident.

If you have been involved in a car accident and think that a violation of a right-of-way law may have contributed to the incident, contact the car accident attorneys at Eisenberg Law Offices for a free consultation. In the meantime, use the quick recap below to become more familiar with right-of-way laws.

Common Wisconsin Right-Of-Way Laws

·         Intersections. Intersection right-of-way laws vary based on the type of intersection.

o    General Rule. The general rule applies to all traditional 4-way stops where there is no traffic signal. In these situations, all drivers must come to a complete stop. The first driver to arrive at the intersection has the right of way.

§  When two vehicles approach such intersections at the same time, the vehicle on the left yields to the one on the right. If a vehicle is speeding as it approaches the intersection, it forfeits the right of way.

o    Left Turns and U-Turns at Intersections. Vehicles making a left or a U-turn at an intersection must yield the right-of-way to vehicles approaching from the opposite direction.

o    Through Highway Intersections. When entering a through highway, drivers must come to a complete stop before entering the highway. They must also yield the right-of-way to other vehicles that have entered or are approaching the intersection on the highway.

o    Uncontrolled T Intersections. Drivers approaching an intersection on a highway that ends at the intersection must yield the right-of-way to any vehicles on the continuing highway.

·         Entering a Highway or Other Roadway. When entering a highway/roadway, the driver coming to the highway/roadway must yield to traffic already on the roadway and only proceed when it is safe.

·         Parked Vehicles. Vehicles that are parked and are moving on to a roadway must yield to traffic already on and approaching the roadway.

·         Left Turns. When turning left onto a roadway and there is no traffic signal, drivers must yield to vehicles approaching from the opposite direction.

·         Roundabouts. Obey all traffic signs and/or yield to all lanes of traffic approaching from your left before entering the roundabout. When vehicles that are 40 feet in length or 10 feet in width are entering the roundabout, drivers must yield to the larger vehicle.

·         Pedestrian Crossings. When approaching intersections with traffic signals, yield to pedestrians in the crosswalk. If there is no traffic signal or sign, drivers must still yield to pedestrians in marked or unmarked crosswalks. Pedestrians who are not in marked or unmarked crosswalks must yield to vehicles. If pedestrians are carrying a cane or walking stick that is white or white trimmed with red and is held in an extended or raised position, they must provide at least 10 feet of clearance between the pedestrian and the vehicle.

·         Emergency Vehicles. All drivers must yield to emergency vehicles that are using an air horn, siren or flashing lights. This includes:

o    Police vehicles

o    Fire trucks

o    Ambulances

If such a vehicle approaches, drivers must pull over to the right curb or right-hand side of the shoulder of the road clear of any intersection and must remain stopped until the vehicle has passed or you are directed to move by a traffic officer.

Madison Car Accident Attorneys Are Here To Help

Eisenberg Law Offices' Madison car accident attorneys are here to help you recover after a car accident. If you think your accident was caused by disregard for right-of-way laws, contact our team right away. We will review the facts of the case in a free, no obligation consultation to help you determine if you have a basis for a lawsuit and potential financial compensation.

Contact Eisenberg Law Offices today at 608-256-8356 or by emailing Info@eisenberglaw.org.

This post was originally published at
https://www.eisenberglaw.org/firm-overview/articles/madison-car-accident-attorneys-right-of-way-laws/

 

False Imprisonment Is a Serious Crime in Wisconsin

False Imprisonment - what it is and what to do if you've been charged

False imprisonment is a felony in Wisconsin, and the charge covers more than you might realize. It is far from a narrowly defined crime and does not resemble the jail-type scenario that many think of when they hear the term. Instead, it refers to confining or restraining someone against their will when the person doing the restraining knows that they don't have the right to do so. The law in Wisconsin gives courts a lot of leeway in determining whether a charge of false imprisonment might apply.
When Does False Imprisonment Apply?
False imprisonment is the restraint or confinement of a person against their will by someone who knows they do not have the right to restrain or confine that person. While a case where someone trapped another person in a room might qualify as false imprisonment, additional scenarios may qualify as well. For example, if you prevent a girl- or boyfriend from leaving your apartment or house by blocking or standing in front of the door, even for a short period of time, that could be false imprisonment.
Reasonable Means of Escape
Wisconsin statute § 940.30 (2014) covers false imprisonment. Previous court rulings have noted that someone only has to use whatever means of escape is reasonable in a situation involving false imprisonment. The person does not have to perform dangerous feats or go to great lengths to escape in ways that would cause bodily harm. What that really means is that someone does not have to jump out a window for a situation to be called false imprisonment -- it's not the type of escape that defines the charge.
Because the charge of false imprisonment can be applied as a result of so many different factors, you need to speak with a lawyer immediately if you've been charged with falsely imprisoning someone. Contact Eisenberg Law Offices immediately.
This post was originally published at https://www.eisenberglaw.org/false-imprisonment-is-a-serious-crime-in-wisconsin/

How to Deal With Sun Glare When Driving

Avoid a car accident due to sun glare

It's safe to say that all drivers have encountered "sun glare" at one time or another, even as a passenger in a car. This sudden sun-in-the-eyes phenomenon is the bane of those heading east in the morning and west in the afternoon. While it can't be totally avoided, sun glare doesn't have to be as frequent as it seems. You can take steps to reduce the chances of encountering it, which keeps you safer and helps prevent accidents.
What Is Sun Glare?
Sun glare is literally that glare you face when the sun shines directly into your windshield as you're driving. Sun glare makes it very hard to see, both because the glare obscures what's in front of you, and because you involuntarily squint and try to look somewhere else, futher reducing what you can see.
As you can guess -- and have likely experienced -- sun glare can increase the risk of getting into an accident because you or another driver can't clearly see what is going on in front of you. You could run red lights, hit vehicles and people, and even run off the road.
What to Do When It Happens
You probably already try to lower and adjust your sun visor to block out what light you can. You can also try to sit up straighter to make more of the glare disappear behind the visor, too, if the sun is too low on the horizon to be blocked by the visor when you're sitting normally.
In addition to adjusting your body and the visor, slow down. Part of the problem with sun glare is that you have less time to figure out what to do as you drive past potential obstacles. Slowing down gives you a few extra seconds, which can make all the difference.
How to Reduce the Occurrence of Sun Glare
You can also make some preventative moves. Keep your windshield clean inside and out; grime often builds up on the inside of the windshield and increases glare. Cover light-colored dashboards with dark cloth to further reduce interfering reflections in the windshield.
Also, wear sunglasses. While these can't eliminate glare, they can reduce the halo or starburst effect that accompanies bright light.
Have you been in an accident or need other legal advice? Contact Eisenberg Law Offices to discuss your situation and see what course of action would be best to take.
This post was originally published at https://www.eisenberglaw.org/how-to-deal-with-sun-glare-when-driving/

Reduced Charges After a DUI Arrest

Fight DUI charges to save your right to drive

If you are convicted of driving under the influence in Wisconsin, you face significant penalties. Even for the first offense, you can face license revocation, forfeitures, education requirements, and much higher insurance premiums. For this reason, you will want to fight any DUI charges. If you can't have charges dismissed entirely, you should try to reduce the charges to a lesser offense. You need experienced, effective counsel to achieve this.
The Evidence at Arrest
One way to approach a reduced charge is to look at the evidence of your DUI. A blood or breath test result close to the legal limit can create doubt as to your blood alcohol level at the time you were driving. Someone who is overly tired or suffering from diabetes or other conditions may appear drunk or under the influence of drugs when other factors are at play instead.
Circumstances of the Arrest
Your attorney may also challenge whether the arresting officer had probable cause to pull you over in the first place. If there was not a good reason to stop or test you, you may be able to defend yourself on these grounds. This may provide a point on which to negotiate or to fight to dismiss the charges in their entirety.
Negotiating with the State
After a DUI arrest in Wisconsin, the prosecutor may be willing to negotiate the charges. Attorneys like the experienced team at Eisenberg Law Offices work regularly with prosecutors. They understand not only how to present the best case at trial, but how to work with prosecutors beforehand to reduce your charges whenever possible.
A DUI conviction can significantly affect your life in Wisconsin. Even your first offense creates consequences that last for a long time. Before you accept the charges, give us a chance to protect your legal rights.
This post was originally published at https://www.eisenberglaw.org/reduced-charges-after-a-dui-arrest/

How to Protect Your Rights After a Snowmobile Accident

If you've been in a snowmobile accident, here's what to do

In Wisconsin winters, many residents and visitors enjoy snowmobiling. While this provides a great deal of entertainment, a snowmobile is a fast, powerful vehicle that can cause injuries. In fact, from June 2016 through May 2017, Wisconsin's Department of Natural Resources reported 166 accidents that resulted in injuries, and 16 deaths from snowmobile accidents. If you have been injured in an accident involving a snowmobile, it is important to move to protect your legal rights.
Report Your Accident
After a snowmobile accident, you should contact the local police to file a report. Wisconsin law requires you to file a report within ten days of the accident. In addition, this provides an official record of the accident. By the time you get to trial, this record will be critical to your ability to prove the basic facts of the case, as well as helping you remember key details of what happened.
Seek Medical Care
If you are in an accident, you should take care of yourself right away. Injuries aren't always obvious after an accident; you may not feel the effects until several days afterward. By seeing a medical professional right away, you can identify injuries you have sustained, and get the treatment you need to recover.
In addition, when you seek damages after a snowmobile accident, you need to demonstrate the injuries you suffered. Your physician's treatment records will serve as evidence both that you were injured and that you did what you could to prevent the injuries from getting worse.
Insurance and Attorneys
Liability coverage for snowmobile drivers often serves as the primary source of compensation for your injuries. You should collect insurance information from the other driver and report the accident as soon as possible so they can start working on your claim.
That said, before you accept an offer from an insurance company, you should consult your personal injury attorney. He or she will work on your behalf to get you the maximum available recovery, rather than trying to get you to settle and go away. Contact Eisenberg Law Offices to learn more.
This post was originally published at https://www.eisenberglaw.org/how-to-protect-your-rights-after-a-snowmobile-accident/

Most Common Car Accident Injuries to the Neck and Spine

Get checked for these common car accident injuries soon after a crash

If you are in a car accident, you are likely worried first about your car. The adrenaline often keeps you from feeling the effects of an injury until well after the accident. A crash, though, creates a powerful impact on your neck and spine. As soon after an accident as possible, whether you feel symptoms or not, you should visit a doctor to check for these common car accident injuries.

1. Spinal Pain

Spinal pain is one of the most common injuries after an accident. It is particularly insidious because you can confuse it with regular back pain that we may experience every day. Over time, though, this can interfere with many of your day to day activities.

2. Neck Sprain

If an accident causes your body to thrust against your seat belt, the jolt to your neck can give you a sprain. This gives you neck pain that prevents you from moving your head or neck normally.

3. Herniated Disc

Your spine consists of several vertebrae. To cushion them from pushing against each other and protect the spinal cord, you have discs that nestle between them. Damage to the discs creates pain and leaves the spinal cord vulnerable.

4. Pinched Nerve

A pinched nerve or bulging disc in your neck can send pain through your neck, head, shoulders, and back. You may feel weakness and numbness, either immediately after the accident or in the days and weeks that follow.

5. Numbness

Because your spinal cord is at the center of your nervous system, a severe injury can cause you pain, numbness, or even loss of control in different parts of your body. This may occur gradually after you are injured.
All of these injuries can create pain and discomfort that impacts your work and your personal life. If you are in a car accident, even if you don't feel pain initially, you should go to a physician for diagnosis and treatment. If you have suffered injuries in a crash in or around Madison, Wisconsin, contact Eisenberg Law Offices for effective representation.
This post was originally published at https://www.eisenberglaw.org/most-common-car-accident-injuries-to-the-neck-and-spine/

Punitive Damages in Wisconsin Personal Injury Cases

Can you collect punitive damages in your Wisconsin personal injury case?

If you are injured in Wisconsin, you can sue the person who causes your injuries for money damages. This includes compensatory damages: medical bills, lost wages, lost property value, and other economic losses. In some cases, though, you may also seek punitive damages in your Wisconsin personal injury case. These come on top of replacing your losses and can form a critical part of your award at trial.

What Are Punitive Damages?

Unlike compensatory damages, punitive damages are designed to punish the person at fault for your injuries. In addition, they serve as a warning to others that particularly dangerous conduct will be punished.
Because these damages are considered outside of your losses, courts award them in limited and infrequent cases. Punitive damages are available only when the defendant's conduct is particularly egregious. While what happened to the injured party is important, these damages focus on the person or people who inflicted the injuries.

Standard for Awarding Punitive Damages

Courts will consider many factors to determine both whether to award punitive damages and how much to award. These include the following:

• how much economic damage you suffer
• how much more damage could have resulted
• whether the conduct was particularly malicious or reckless
• whether the defendant can afford the damages
• punitive damage awards in similar cases

Limits in Wisconsin
At one time, punitive damages had no limits. Tort reform movements have limited punitive damages in different ways, focused on either the proportion of punitive to compensatory damages or the total amount. In Wisconsin, both of these apply; punitive damages are capped at the greater of twice the compensatory damages or $200,000. The only exception is punitive damages for drunk driving, for which there is no cap.
If you are injured in Madison, Wisconsin, you need experienced personal injury attorneys who can help you achieve the maximum damages available. Eisenberg Law Offices can give you the representation you need.
This post was originally published at https://www.eisenberglaw.org/punitive-damages-in-wisconsin-personal-injury-cases/