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/.