Wisconsin Truck Accidents And Their Causes

4 Common Causes Of Wisconsin Truck Accidents

Wisconsin's highways are full of semi-trucks and 18-wheelers from across the country. That puts other drivers at risk of becoming involved in trucking accidents. Truck accidents can be particularly devastating for automobile drivers, including those in SUVs and even larger vehicles; none of them can stand up to the full weight and force of a semi-truck.
You can help protect yourself by learning more about how and why truck accidents occur so you can take defensive driving measures when you're on the road with these large vehicles.
4 Common Causes Of Truck Accidents

1. Distracted Driving. It's not just semi-truck drivers who can become distracted while driving, but when they do and it results in an accident, the outcome can be particularly devastating for others on the road. Don't let yourself become distracted while driving. Take measures to reduce the risk of being surprised by another distracted driver.
2. Irresponsible Driving. Many things fall into the category of irresponsible truck driving; driving for too long a period of time, overscheduling drivers, or neglecting to keep the truck in safe operating condition can all be considered irresponsible driving and cause accidents. Keep an eye out for trucks when you're on the road. Avoid those that weave or seem to speed up and slow down sporadically or just otherwise don't seem to be driving quite as safely as you'd like.
3. Traffic Violations. Like many drivers, truck drivers can violate basic traffic laws. The difference is that when a semi runs a red light or slams into the back of another vehicle after following too closely, the occupants of the other vehicle are likely to suffer much more serious injuries than if they were hit by another automobile. Even incidents that are out of the truckers control like a car that suddenly stops in front of them or being cut off can be devastating because trucks don't have the same agility as cars do to swerve or slow down quick enough to avoid an accident. Be sure to always give truckers extra room in front and behind you. Don't cut them off or tailgate.
4. DUI. DUIs can stem from alcohol or drugs, even prescription drugs. Even if a driver is legally allowed to use a prescribed medicine, some of those medications carry warnings not to operate machinery or drive while using them. However, if driving is your livelihood, not driving while using a medication may not be possible. That's not an excuse, but rather helps serve as a reminder that many things can impair a driver's ability to safely operate a vehicle and truckers are no exception.

Keep these tips in mind to protect yourself and your passengers next time you're driving on Wisconsin's highways. If you are involved in a truck accident, contact the attorneys at Eisenberg Law Offices to discuss your legal options.
Contact us at 608-256-8356 or email Info@EisenbergLaw.org for more information.
This content was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-truck-accidents-causes/.

Dog Sniffs And Drug Charges | Reasonable Suspicion

When Dog Sniff Searches Lead To Drug Charges In Wisconsin

It's not unusual for a routine traffic stop to lead to a vehicle search or for those searches to involve K-9 units. Sometimes those searches turn up evidence of drugs and lead to drug charges. Wisconsin criminal defense attorneys will often find that officers had no justification for the search and, thus, no justification for holding the driver for a prolonged period of time in which to conduct the sniff search. These arguments can lead to evidence suppression and cause the charges to be dropped or reduced.
The Role Of Reasonable Suspicion
A recent case decided by the Seventh Circuit Court of Appeals reaffirms the role of reasonable suspicion in dog sniff cases. In United States v. Guidry, Guidry was detained as part of a routine traffic stop. Upon approaching the vehicle, the officer detected a slight smell of marijuana coming from the car, but could not determine if the odor was coming from inside or outside the vehicle.
He decided that he did not have probable cause to search the vehicle and simply asked Guidry for his license to complete the paperwork. It was at this time that the officer learned that Guidry was suspected of buying and selling drugs. This changed the situation. Based on this information and the smell, he requested a drug-sniffing dog to inspect Guidry’s vehicle. Approximately five minutes after the call, the K-9 unit arrived. Guidry objected to the dog sniff at first, but ultimately exited the vehicle.
The police dog immediately identified the smell of marijuana in the vehicle and alerted the officers leading Guidry to admit that he had been smoking and that "half a blunt" was still in the car. The successful find in the vehicle lead to the department obtaining an additional warrant to search Guidry's home. Here it was discovered that Guidry was selling a wide variety of narcotics and engaging in prostitution. He was then charged with several offenses.
At trial, Guidry moved to suppress the evidence obtained from his vehicle, arguing that the stop had been improperly delayed and expanded to include the dog sniff, without reason to do so. The court disagreed, finding that the police officer had reasonable suspicion to call for a dog sniff. Guidry appealed.
On appeal, the Seventh Circuit affirmed the lower court. The appellate court found that reasonable suspicion existed in this situation given the officer's detection of the smell of marijuana smoke and knowledge that the driver was being investigated on suspicion of dealing drugs. These two facts provided enough reasonable suspicion to investigate further and to call for a dog sniff. The court also noted that the second officer and dog arrived on the scene within five minutes of the initial call, which did not constitute an unreasonably prolonged stop. It was not surprising, then, that the court affirmed the lower court's decision.

Were Your Drug Charges The Result Of An Improper Search?

If you are facing drug charges in Wisconsin and think you may have been subject to an improper search, contact the criminal defense attorneys at Eisenberg Law Offices. It's possible the search was improperly conducted and your constitutional rights violated. Contact the attorneys at Eisenberg Law Offices for a free consultation and assessment of your situation at 608-256-8356 or Info@EisenbergLaw.org.
This content was originally published at https://www.eisenberglaw.org/firm-overview/articles/dog-sniffs-drug-charges-reasonable-suspicion/.

Identify Theft And Fraud | Wisconsin Fraud Defense

Fighting Charges Of Identity Theft In Wisconsin

If you or someone you know has been charged with identity theft, you need the advice of a criminal defense attorney right away. Identity theft is considered a form a fraud and is a felony in Wisconsin. Penalties include prison or jail time, fines, restitution, and probation.
Fighting charges of fraud is possible with the right approach and with help from Eisenberg Law Offices.
Defining Fraud
Fraud is defined as knowingly misrepresenting the truth or concealing an actual fact for the purpose of inducing another person to act to his or her detriment. Fraud, in and of itself, is not a crime in Wisconsin, because it is possible to deceive people, or lie to them, without criminal intent. What is a crime is the action undertaken after the person has been deceived. The deceived must also have suffered a loss of some kind.
In cases of identity theft, the conduct may be the embezzlement of money or representing yourself as someone else in order to obtain something of value.

Defenses Against Fraud Charges

If you are under investigation for fraud there are a few defenses that can be successful.

1. Non-Fraudulent Statements. The fraudulent statement must be connected to an actual act. Lies alone do not constitute fraud. If an act was not undertaken in connection to the statement, fraud charges may not stick.
2. Absence Of Intent To Commit A Crime. To be convicted of fraud, the prosecution must prove that there was the intent to deceive. If, for example, you can prove that you used someone else's information or credit card by accident or with permission, then there was no intent.
3. The entrapment defense is used when government agents have compelled someone to commit a crime that they wouldn't have otherwise done. Entrapment is a complicated defense that doesn't apply in every case.

Defend Yourself Against Fraud Charges With Help From Eisenberg Law Offices

If you are facing charges of fraud, the best way to protect yourself is to retain an experienced legal defense attorney from Eisenberg Law Offices. Our attorneys will be able to assess the situation, review the charges against you, and formulate your best defense option.
Contact our firm at 608-256-8356 or by emailing us at Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/identify-theft-fraud-wisconsin-fraud-defense/.

Personal Injury Lawsuit Independent Medical Exam Tips

When A Personal Injury Lawsuit Requires An Independent Medical Examination (IME)

If you are involved with in a personal injury lawsuit you might be asked to take part in an Independent Medical Exam or IME. This examination is undertaken by a physician hired by the defendants to learn more about the nature and extent of your injuries. If you are approached for such an exam, here are a few things to keep in mind.
3 Tips When Participating In An Independent Medical Exam

1. Be Honest. It is not uncommon for victims to feel defensive when questioned about their injuries, especially when the one doing the questioning is working for the one who is responsible for those injuries. There can be a tendency to exaggerate the injuries or hide details that you think might work against you, but this is a bad idea since it can make you appear untrustworthy or deceitful. The best course of action is to always be completely honest about your injuries, symptoms, and your medical history.
2. Be Polite And Considerate. Along with being honest is being polite. Your cooperation and assistance throughout the process not only makes thing go more smoothly, but also provides a good impression. Arrive on time, be courteous to the doctor and staff, and complete all the paperwork and requirements they ask of you.
3. Be Precise. Providing precise explanations of your injuries and pain will make diagnosing and evaluating the injury easier and more accurate. Don't exaggerate, but do provide details and discuss your injuries in a manner that the doctor can clearly understand.

Protect Yourself In A Personal Injury Lawsuit With Help From An Eisenberg Law Personal Injury Attorney

One of the first things you should do if you have suffered an injury due to another person or entity's negligence is to contact a personal injury attorney, especially if you are asked to participate in an independent medical exam. Your attorney can help ensure your rights are protected and you aren't being asked to participate in unnecessary tests or exams.
The attorneys at Madison's Eisenberg Law Offices have over 30 years of experience representing victims in personal injury cases. We offer free consultations and work with clients in Illinois and Wisconsin.
Contact our firm at 608-256-8356 or email us at Info@EisenbergLaw.org to arrange your free consultation.
This post was originally published at https://www.eisenberglaw.org/personal-injury-lawsuit-independent-medical-exam-tips/.

What Not to Do After a Car Wreck

Know what not to do if you're in a car accident

The moment a car accident happens is an unpleasant jolt for everyone involved. It often results in people doing or saying things they shouldn't as they try to maintain a sense of calm while dealing with what could be a horrible situation. If you have been in a car accident, it helps to know what you should not do in case your role in the accident is questioned.
Don't Leave the Scene
Wisconsin requires those involved in an accident to stay at the scene, or at least as close to it as is safe. If the accident occurred in the middle of a freeway, for example, you and everyone else involved must move out of the way of traffic. But you should not leave until either police have given you permission, or (if it were a minor accident that didn't require police intervention) all appropriate information has been exchanged between drivers.
Don't Admit Fault or Say You're Totally Fine
Even if the accident looks like it is obviously your fault, don't say so. Keep what you say to very basic responses. Admitting fault to others involved may adversely affect how subsequent lawsuits turn out.
If you were the one hit and not at fault, be careful about stating you're fine. You can refuse treatment if you prefer, but if you say you're fine, you might reduce your chances of getting medical coverage or reimbursement if problems crop up later. It is very common for the adrenaline rush of the accident to mask injury. You might feel fine then, but the next morning you might notice aches becoming worse.
If you've suffered a personal injury Madison attorneys want to help you. Contact a car accident attorney at Eisenberg Law Offices to discuss your case.
This post was originally published at https://www.eisenberglaw.org/not-car-wreck/

Possession of Child Pornography in Madison WI

Contact a Criminal Defense Attorney if you're charged with possession of Child Pornography

Wisconsin has strict laws regarding the possession of child pornography that can entangle those accused in a difficult situation. It is crucial that anyone charged with possession of child pornography seek legal counsel immediately.
Few Outs
Wisconsin requires that the person charged knowingly possess the pornography. Possession includes physical possession, like having actual photographs, and it also includes more transitory states like viewing the pornography online. But the access and possession must be known.
So, if someone steals your WiFi and leaves cookies from unsavory sites on your ISP's records, that would not necessarily mean you'd be charged if you could prove you didn't know. However, if you did know -- maybe a houseguest accessed the sites and you did nothing to stop him or her because you were unsure what to do -- that would complicate matters.
The law is not very forgiving at all. For example, in 2016 Wisconsin authorities charged a 17-year-old teen with possession of child pornography because he had explicit photos and a video of his 15-year-old girlfriend on his phone. His girlfriend had sent them to him and knew about the video, and her parents were also supportive of the relationship and knew what was going on. Yet the mere presence of the material and the fact that he knowingly had it placed him squarely in the crosshairs of Wisconsin law.
What's worse is that Wisconsin allows 17-year-olds to be charged as adults, so this teen may face much more severe sentencing. But even if the teen were not charged as an adult, he could face serious penalties. Possession of child pornography is considered a felony no matter the age of the accused.
If you have been accused of possessing child pornography in Wisconsin, contact Eisenberg Law Offices immediately. You need sound legal representation as your case proceeds.
This post was originally published at https://www.eisenberglaw.org/possession-child-pornography-madison-wi/

Solicitation by Attorneys

Before responding to solicitation by attorneys, do your homework

If you have ever been sued, arrested, hospitalized, or been in a traffic accident, you know one thing you can depend on: hearing from lawyers. Almost as soon as you get home the next day, the calls and the postcards start to arrive. It is almost as though they sense something has happened to you, and swoop in eagerly for their chance to cash in on what happened to you. Before you respond, though, take some time to evaluate the lawyers and firms who are contacting you. You will often find that they will not give you the representation you need.  Here is some advice from a Madison Law Firm:
Who Is It?
Many of the lawyers looking to solicit your business may not operate anywhere near you. If you get into an accident in Madison, Wisconsin, a law firm in Minneapolis will not know the courts or the area as well as an experienced, local firm can. National firms will brag about their success stories, but you don't need someone who has won cases across the country. You need someone to help you win your case here.
Similarly, many new attorneys look to garner business and experience through this kind of blast mail. They lack the experience to get word of mouth business, so they monitor police and court records to find as many potential clients as possible. You can become someone else's practice case as they try to improve their court skills.
What to Look For
When you decide on a lawyer or firm to represent you, you need to know that your attorney will have experience in your kind of case, in the location you need. Every court has rules specific to the court and even the judges there. Experienced counsel in Madison will always have an advantage in those courts over someone coming from the outside. Similarly, you should look for experience in the area of law you need. Eisenberg Law Offices has over thirty years of experience representing clients in personal injury and criminal defense. Look past the mailings and solicitations, and count on us to give you the representation you deserve.
This post was originally published at https://www.eisenberglaw.org/solicitation-by-attorneys/.

Is Diabetes a DUI Defense in Wisconsin?

Charged with a DUI in Wisconsin? A diabetic episode might provide a defense

Police officers in Wisconsin are always on the lookout for potential drunk drivers. While this approach comes in an attempt to protect people from dangerous drivers, at times it can lead to arrests that connect to something other than actual intoxicated driving. If you have diabetes, or even have a hypoglycemic episode without having been diagnosed, this can provide a defense to a DUI or OWI charge in Wisconsin.
Understanding the Symptoms
Hypoglycemia creates a number of symptoms that, to an arresting police officer, can raise suspicion of intoxication, including the following:

• anxiety
• heart palpitations
• sweatiness
• shaking
• dizziness or confusion
• irritability
• blurred vision
• slurred speech
• loss of coordination

All of these mirror to some extent the symptoms of alcohol impairment. If a police officer conducts a field sobriety test and identifies these symptoms, he or she may well choose to arrest you without conducting a breathalyzer or blood test. When this happens, you should cooperate fully, but let the officer know if you are diabetic.
Challenging the Arrest
It is possible, even likely, that your hypoglycemia caused you to drive erratically, or at least to make a move on the road that led to your being pulled over. But while driving under the influence of alcohol or drugs is illegal, driving while diabetic is not. When your medical condition caused you to swerve or otherwise act in a way that led to your being pulled over, a DUI arrest is not proper.
When something like this happens, you may not have been diagnosed as a diabetic. Many suffer undiagnosed. In addition, other health conditions can trigger hypoglycemic episodes that create these symptoms. You should see a medical professional as soon as possible to get a proper diagnosis.
If you do suffer from hypoglycemia, this can serve as a powerful defense against your DUI or OWI charges. You can contact Eisenberg Law Offices in Madison, Wisconsin to discuss your conditions and your options. These charges can impact your life for years; you want a solid defense strategy to help protect your rights and your good name.
This post was originally published at https://www.eisenberglaw.org/diabetes-dui-defense-wisconsin/.

How Much Does It Cost To Hire A Defense Attorney In Madison WI?

Consider more than just cost when hiring a defense attorney in Madison WI

When you seek legal representation for your defense, unless you are independently wealthy, the cost of the service probably matters to you. But finding that cost will depend on not only the lawyers' hourly rates; the time required and the steps taken in your defense all are important factors. In the end, you have to weigh not only the billing rates, but also the quality of representation and what you stand to lose.
Understanding Billing Rates
If all you worry about is how much you pay for each hour of your attorney's time, it should be relatively easy to determine. You would just shop around, gather billing rates, and pick the lowest one.
In reality, the hourly rate tells you little about the final defense costs. An experienced attorney can often directly pull current research that a newer attorney would need hours to gather. He or she will understand your case, as well as the court system and opposing attorney. All of this can save hundreds or even thousands of dollars in defense costs.
The Value of Experience
Beyond pricing, you also must take time to consider what your case is worth to you. In a civil case, you may have a large loss that looms if you do not prevail in court. Before you elect a less expensive but less qualified attorney, you need to look at what you stand to lose.
In a criminal case, the situation can be more dire. A less experienced attorney operates as a liability against a career prosecutor. You want someone who understands your defense prospects. Losing months or years off of your life, to say nothing of losing your good name in the community, matters and should weigh in to your decision.
In Madison, Wisconsin, you have many options for legal representation. You should meet with the experienced attorneys at Eisenberg Law Offices. We will discuss in a free initial consultation your costs and options, as well as your exposure should you lose your case. Take the time to make the right choice for your defense.
This post was originally published at https://www.eisenberglaw.org/much-cost-hire-defense-attorney-madison-wi/.

Positive Trends Declining with Upsurge in Auto Injuries

Increase in Car Accident Injuries a Disturbing Trend

Automobile safety has come a long way since the 1970s. A combination of vehicle safety regulations, a focus on reducing drinking and driving, and a general focus on enforcing traffic laws has made driving a much less dangerous activity than it once was.  Unfortunately, the last two years have started to show a reverse in the decline, with traffic fatalities increasing each of the last two years. Driving has become more deadly, both in the nation at large and specifically in Wisconsin.
Increasing Death Toll
In 2014, the total number of fatal car crashes in Wisconsin was 494, part of a largely steady decline up to that point. But in 2015, that number jumped to 555, and in 2016 continued its increase, rising to 588.  And in 2017, the total through July was 342, up 6 deaths from the same time period in 2016. This reversal over the last three years is startling; vehicle safety features are not going away, but the steady increase in deaths is impossible to ignore.
Reasons for the Change
We can speculate on the reasons for the changes. Wisconsin's speed limit was increased to 70 miles per hour in 2015, the year trends began shifting in the wrong direction. Still, the death toll that year was rising before the change was implemented. Other factors include more drivers on the road, more time driving, and distracted driving with increased cell phone usage. Authorities estimate that about 90% of the deaths are caused at least in part by poor decision making.
Unfortunately, this means that other drivers' habits on the road can put you in danger. You can avoid some problems by driving safely and attentively, and practicing defensive driving techniques. But if you or a loved one is injured or killed due to someone else's reckless driving, you will need experienced representation. Eisenberg Law Offices has the experience and expertise you can rely on in the Madison, Wisconsin area.
This post was originally published at https://www.eisenberglaw.org/positive-trends-declining-upsurge-auto-injuries/