Causes of Crashes Vary Depending on Age

Teen Car Accidents - what you should know

Teens are more susceptible to crashes that are due to experience-based factors, for obvious reasons. While even excellent drivers can be involved in crashes due to bad weather, automobile defects, and road hazards, and adults of all ages can cause accidents due to carelessness, teens face some special circumstances that make them more likely to be in an auto accident and sustain or cause injury.
Rising Numbers
Alarmingly, the number of crashes in Wisconsin has gone up each year overall, with the number of accidents in Dane County rising from 9,558 accidents in 2011 to 11,825 accidents in 2016. Some of this rise can be attributed to an increase in countywide population as people move here, but of course, most of the increase isn't due to a growing population alone; not everyone moving to Wisconsin is an accident-prone driver.
Given that teens have one of the higher accident rates among age groups in Wisconsin, that means more teens are crashing and getting injured -- or dying.
Peer Pressure
One of the more notable issues with teen driving is peer pressure, especially with seatbelt use. While a little under 1/3 of teens driving alone who were in crashes in 2012 didn't wear seatbelts, the difference in numbers is stark when you look at drivers who had passengers. Teen drivers who were in accidents and who had other teens in the car wore seatbelts only 62 percent of the time.
Additional issues for teens were late-afternoon driving, especially on Fridays, and also snowy and slushy conditions. The snow-and-slush factor is a matter of experience; parents should give their teen drivers extra training in those conditions.
If your teen has been involved in a crash, at-fault or not, speaking with an attorney is advisable. The attorneys at Eisenberg Law Offices can help you and your teen navigate the court system and potential penalty phases so that your case is resolved satisfactorily.
This content was originally published at https://www.eisenberglaw.org/causes-crashes-vary-depending-age/.

The Legal Drinking Age in Wisconsin

Wisconsin's Legal Drinking Age

Wisconsin's drinking age limit is straightforward. However, because each state has its own laws, someone moving here from out of state needs to learn which activities are legal at which ages before assuming anything.
The Basic Age: 21
At age 21, you can buy and drink beer, wine, and other types of liquor for yourself and for other adults. You can't buy alcohol for an unrelated minor.
Under 21 Has Some Exceptions
In general, those under the age of 21 -- and this includes people celebrating their 21st birthday the weekend before they actually turn 21 -- are not legally allowed to buy and consume alcohol, nor can they be in 21-and-older establishments on their own or with friends, though this is where the exceptions start.
Those under 21 can be in bars if the bars are hosting events with no alcohol, and people age 14 and up can actually work in a licensed bar, but they can't sell or do anything else with alcohol.
One major exception is if the person under 21 is accompanied by a parent, spouse, or legal guardian. In this case, the under-21 person can be inside a licensed, alcohol-serving bar and can actually drink some alcohol if the bar owner does not object. (Note that restaurants and events like wedding receptions that just happen to have something like beer on the menu are not the same as bars.)
At-Home Drinking
These exceptions change yet again when the under-21 person is at a private home. It is legal for parents, spouses, and guardians to give their children under 21 alcohol. But it is not legal for them to give unrelated under-21 persons alcohol (unless those persons' parents, guardians, or spouses are present and consenting). In other words, you can't host a party for your teen and let all the other teens drink. Religious ceremonies have their own exceptions.
If you or a relative are facing charges related to underage drinking or the social host ordinance, contact Eisenberg Law Offices for a consultation. You need smart, skilled representation to help you deal with the legal process.
This content was originally published at https://www.eisenberglaw.org/legal-drinking-age-wisconsin/.

Can I Legally Prevent My Children from Seeing Their Other Parent?

How to prevent other parent from seeing your child

In most divorces involving minor children, the parents share legal custody and physical placement. The court does not completely prohibit a parent from having time with their children. However, if a parent is dangerous or abusive to the child, then you may want to prevent him or her from seeing the children. In those situations, the Family Law attorneys at Eisenberg Law provide legal ways to protect the children.
The Divorce Judgment
The divorce judgment issued for your Wisconsin divorce outlines each person's parental rights for custody and personal physical placement. If you have sole legal custody, you can make decisions for your child without consulting the other parent. This can include religious upbringing, education, and where you live. If you have joint legal custody, you have to give the other parent a say in those decisions.
Even when you have sole legal custody, if the other parent has any personal physical placement, you must inform that person and the court if you plan to move. If you want to eliminate or modify personal physical placement after the divorce decree is final, you will have to go back to court. If you know the other person is a danger to the children before the final judgment, you should prepare to demonstrate that and work with your lawyer to eliminate or minimize placement of the child with him or her.
Modifying the Judgment
If you determine after the divorce that the children may be in danger around your former spouse, you will need to gather evidence of the danger. Unless the other parent does not contest your requested changes, you will have to show in court that the person presents a risk to the children. If the other parent is an alcoholic or physically or sexually abusive, you may have grounds to adjust the judgment.
Courts do not take lightly the idea of preventing a child from seeing a parent, but sometimes it is necessary to protect that child. You should work with an experienced family lawyer to develop the plan that is best for your children.
This content was originally published at https://www.eisenberglaw.org/can-legally-prevent-children-seeing-parent/.

Defending Against a Disorderly Conduct with a Firearm Charge in Wisconsin

Possession of a firearm can increase the charges when arrested for disorderly conduct

You can be arrested for disorderly conduct in Wisconsin for a wide variety of conduct, in public or in your home. While this by itself can bring serious consequences, those consequences can increase if you have a dangerous weapon with you at the time. You will want to consult an experienced attorney right away if you are facing these charges.

Disorderly Conduct in Wisconsin

Disorderly conduct with a firearm does not exist as a single charge in Wisconsin. Instead, a weapons charge serves as an add-on when you have a weapon if you are arrested for disorderly conduct.
A disorderly conduct charge can occur when you are loud, violent, profane, abusive, or commit other acts that can cause a disruption. You can be charged when you are at home in a loud argument or in public making a scene. If someone complains about your behavior, you risk being arrested for your conduct.
Disorderly conduct in Wisconsin is a class B misdemeanor, with a penalty of up to a $1,000 fine and up to 90 days in jail. But the penalties increase when you bring a weapon into the situation.

Adding a Weapons Charge

When you have a dangerous weapon with you at the time of your disorderly conduct arrest, you are subject to jail time of six months. The weapon can be any dangerous weapon: a firearm, a knife, or even a hammer.
Defending Against the Charges
The breadth of conduct that can subject you to these charges, both for the disorderly conduct itself and for the added weapon penalty, means that you need strong legal representation to help with your defense. Eisenberg Law Offices brings years of experience in criminal law to your case. We will take the time to understand your specific circumstances and provide you with the best defense you can get.
This content was originally published at https://www.eisenberglaw.org/defending-disorderly-conduct-firearm-charge-wisconsin/.

Driving Safely in Foggy Conditions

Madison Accident Attorneys give Advice for driving in foggy conditions

Wisconsin gives its drivers a multitude of weather problems. You might deal with snow, rain, sleet, and black ice all in the same week. With all these impediments in your commute, it can be easy to forget the perils that fog creates. Your visibility can drop dramatically in foggy weather, rendering your morning drive treacherous if you don't respect the weather. Madison accident attorneys give advice for how you should adjust to foggy conditions to help keep you and your fellow motorists safe.
Slow Down
The most important thing you do to adjust for foggy conditions may be to slow down. The state sets speed limits based on optimal driving conditions. When you can't see as far ahead of your vehicle as you normally can, you need to reduce your speed to account for less reaction time for those ahead of you.
On the other hand, you may be tempted to stop your car if visibility gets very bad. This can create more problems, because other drivers may not see you stop until they are too close to react in time. Pulling over often does more to cause accidents in foggy weather than to avoid them.
Adjust Your Sight Lines
Many drivers use the right and center lines to guide themselves down the road. While this works well if you see ahead of your car, you should focus on the right line to guide you during times of low visibility. This helps you avoid drifting across the center line.
Similarly, you should adjust your light usage. If you do not have daytime lights on your vehicle, be sure to turn your lights on for the drive, so others can see you. And while high beams can improve visibility in the dark, they tend to make the light reflect back into your eyes in the fog. Stick to your low beams to be safe.
Pay Attention
Distracted driving causes problems in ideal weather. Fog only magnifies the problems. Keep your eyes on the road to protect yourself. And if another driver causes an accident for you, contact Eisenberg Law Offices for experienced, effective legal representation.
This content was originally published at https://www.eisenberglaw.org/driving-safely-foggy-conditions/.

Signs of a Concussion After a Car Accident

Potential Concussion suffered in car accident may take time to show symptoms

When you are in a car accident and suffer a head injury, you may not notice immediately. Part of this is the body's natural release of adrenaline, which blocks off pain and other warning signals in times of high stress. In addition, head injuries may come with symptoms that do not seem important or dangerous at the time. But doctors are learning more all the time the dangers that concussions create to long-term health. If you are in an accident, the Madison car accident attorneys at Eisenberg Law recommend that you see a doctor for even mild symptoms of head injury.

Common Concussion Symptoms

A concussion can provide a number of symptoms after a blow to your head. Striking your head in a car accident might leave you experiencing some or all of the following:

• headaches
• nausea
• blurred vision
• confusion
• fatigue
• vomiting
• depression
• slurred speech
• dizziness
• personality changes
• sleep problems

Some symptoms of concussions do not surface immediately, and many are easy to explain away. But even mild symptoms should give you a warning that you need to see a doctor for treatment. The dangers concussions create extend well beyond the immediate symptoms. Getting treated right away can help you avoid more problems down the road.
Protecting Your Rights
When you have a concussion, the symptoms may not appear right away. Your adrenaline can push you through for another day or even longer before they set in. People often fail to connect their concussion to car accidents because they don't notice at first. But if you do suffer a concussion, you face potential long-term consequences.
When someone else causes an accident, you need to see a doctor who can diagnose and treat your injuries. This helps protect your health and helps you understand the extent of your injuries. Any legal compensation for your injuries should take into account the head injuries you suffer. Eisenberg Law Offices can help you understand your rights and get the compensation you deserve for your injuries.
This content was originally published at https://www.eisenberglaw.org/signs-concussion-car-accident/.

Remarriage, Child Support And Maintenance | Family Law Attorneys

How Remarriage Affects Child Support And Maintenance

Our family law attorneys often hear the question, "How does my ex's remarriage affect child support and maintenance?"
When the parent paying child support gets remarried after a divorce, the court does not consider the new spouse's income when determining support payments, nor can the court order the new spouse to contribute to child support or maintenance.

Child Support Is Determined By Many Things Including:

• Both parents' incomes
• The amount of time the child(ren) spends with each parent
• Whether or not a parent is supporting other children

Courts may modify child support if there has been a substantial change of circumstances.
A "Substantial Change" Includes:

1. Change in either parents income and/or earning capacity
2. Change in the needs of the child
3. Any other factor the court determines is relevant.

Remarriage does not fall into any of the above categories and will not usually result in a change in child support.
Exceptions To The Rule
As in most areas of life, there are exceptions that may lead a court to consider a parent's additional income due to a remarriage. Most of the exceptions fall under point #3 above "any other factor the court determines is relevant".
If a parent claims that he/she cannot afford to pay child support and then remarries, the court might decide that his/her financial circumstances have changed enough due to the marriage and the new spouse's income that child support modification is necessary.
It can go the other way, too. If the parent receiving the child support payments (payee) claims he/she needs additional child support to meet the needs of the children and the budget, the court may consider the payee's new spouse's income when reviewing budget needs because it is assumed the new spouse contributes to the household budget.
What About Maintenance?
Maintenance is different. Maintenance is a form of spousal support paid by the payer to the payee. If the payee remarries, then the divorce judgment may provide that the payor may stop providing spousal support maintenance. If the payor remarries, but the payee has not remarried, spousal maintenance continues as it was before the remarriage. Payor remarriage is not grounds for the payee to seek a maintenance adjustment.
Consult A Family Law Attorney For Child Support And Maintenance Questions
Child support and spousal maintenance needs can change over time. If you have questions or concerns about your child support or maintenance order, consult a family law attorney at Eisenberg Law Offices in Madison, WI.
Call 608-256-8356 or email Info@EisenbergLaw.org to schedule free case consultation.
This content was originally published at https://www.eisenberglaw.org/remarriage-child-support-maintenance/.

Domestic Battery In Wisconsin | Domestic Violence Defense

Definitions And Defense: Domestic Battery In Wisconsin

Domestic battery in Wisconsin is a serious allegation. Even a charge of domestic battery can upend lives, ruin reputations and destroy livelihoods. A solid analysis of the facts and a strong defense is essential to minimizing damage.

Wisconsin Treats Domestic Battery Harshly

In Wisconsin, domestic battery charges fall under the same laws governing battery charges, but domestic battery carries greater penalties if a weapon was used. A "weapon" may be just about any item. The definition is not limited to guns and knives, but may include any item that was used to cause harm in the attack.
A battery is considered a domestic battery if the victim and the perpetrator are in some type of relationship. This includes marriages and civil unions but can also include people who are dating or living together. Charges can range from misdemeanors to felonies and may include disorderly conduct, criminal damage to property, kidnapping, or stalking.
The penalties for domestic battery vary depending on the situation but often include fines, jail time or both. The stakes are higher if you are charged with domestic battery with a weapon and whether the victim suffered bodily harm. For example, battery domestic violence with a deadly weapon without bodily harm is a felony carrying two to ten years in prison and a fine of $10,000. By contrast, a charge that includes substantial bodily harm is a felony carrying up to 15 years in prison and a fine of $10,000. If you are a repeat offender or have a criminal record, the penalties may be even more severe.
Furthermore, Wisconsin has also instituted a law requiring domestic violence offenders to surrender any weapons they possess. Anyone convicted of domestic violence with a deadly weapon is permanently prohibited from possessing a firearm under federal law.

Domestic Battery Defense

Domestic battery cases can be difficult to defend. It is often a "he-said, she-said" type of situation and the case may be further muddied if children are involved, jealousy exists, or a new partner is in the picture. Anyone who has been accused of domestic battery in Wisconsin should consult a criminal defense attorney right away. Your attorney will be able to advise you of what to do and what not to do.  Early intervention provides your legal team with the best chances of mounting a winning defense.
There Are Many Defense Options That Your Attorney May Explore, Such As:

• The weapon was not used to cause bodily harm.
• The defendant was acting in self-defense.
• The defendant did not act willfully or with intent.
• False accusation.

Schedule A Free Case Consultation For Domestic Battery In Wisconsin

It may be tempting to accept a plea deal as a way to move past the incident and get on with your life, but it might not be in your best interest. The only way to know for sure is to contact an Eisenberg Law criminal defense attorney for a free case consultation. Building a winning defense is possible and with so much at stake, it is worth exploring your options.
Contact Eisenberg Law Offices in Madison for a free, no obligation case evaluation by calling 608-256-8356 or emailing Info@EisenbergLaw.org.
This content was originally published at https://www.eisenberglaw.org/firm-overview/articles/domestic-battery-wisconsin-domestic-violence-defense/.

Personal Injury Medical Terms – Part 1 | Personal Injury Attorney

Medical Terms You May Hear From Your Personal Injury Attorney - Part 1

Even with the best personal injury attorney on your side, going through a personal injury lawsuit can be confusing and intimidating. Developing a familiarity with the medical terms used in such lawsuits can go a long way toward easing your worries and concerns. Read through this list of common medical terms used in personal injury cases to make sense of what you might hear as your case progresses. Next month we'll provide Part 2 of common personal injury medical terms.

Common Personal Injury Medical Terms

Every personal injury case is different and not every injury will apply to every case, but some of the most common injuries we see include:
Whiplash
Whiplash is a medical term that is very common in cases involving car accidents and slips-and-falls. Whiplash happens when the head and/or body is subject to very sudden and abrupt movement. The force of the movement can damage neck muscles, ligaments, and other soft tissues as they are extended beyond their normal limits. Whiplash injuries range from very minor to permanent.
Herniated Disk
This injury is also associated with car accidents and slip-and-fall cases. A herniated disk can occur when the cushioning tissue between the spinal vertebrae become damaged. Symptoms include pain and/or numbness and weakness and radiating pain down an arm or leg. Again, the severity of the injury varies; some herniated disks must be corrected with surgery, others heal on their own. Still others are not even noticed by the injured party.
Soft Tissues
Soft tissue is a very broad term that is applied to many different areas of the body. Soft tissues are considered anything that covers, connects, or helps move other parts of the body like muscles, tendons, ligaments, and even nerves or body fat. Soft tissue injuries, while often painful, are usually not permanent.
Dislocation
Dislocation is a bone injury. It happens when bones become misaligned and out of place. In many cases, the bone is not damaged, but a dislocation can still be very, very painful. Car accidents, falls, and sports injuries often lead to dislocations.
Fracture
A fracture is another way to describe a broken bone. The fracture may be complete or partial and happens when bones can't withstand the forces applied to them. That's one reason why fractures are more common in the elderly whose bones often become more brittle with age. Depending on the location and severity of the fracture, surgery may be required.  In many cases, the bone is able to heal itself with rest and proper care.
Spinal Column
The spinal column is your backbone. The spinal column is made up of vertebrae which are small, hollow bones that are stacked on top of one another. These bones protect the spinal cord which runs from the base of your skull all the way down your back. Damage to the spinal column can cause damage to the spinal cord.
Spinal Cord
The spinal cord is not just one long nerve, but rather a bundle of nerves that are protected by the spinal column. Since the spinal cord is made up of so many different nerves, a spinal cord injury can cause many different symptoms in many different areas of the body. Some symptoms are relatively minor while others are extremely serious. Spinal cord injuries may result in pain, loss of sensation, weakness, numbness, paralysis, and even death.

Do You Have Questions About Your Injury? Contact A Personal Injury Attorney At Eisenberg Law

If you have been injured in an accident and wonder if you have grounds for a personal injury case, schedule a free consultation with an Eisenberg Law Offices personal injury attorney. We represent clients throughout Wisconsin in many different kinds of personal injury situations.
Contact us for a free case evaluation by calling 608-256-8356 or emailing Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/personal-injury-medical-terms-part-1-personal-injury-attorney/.

Distracted Driver Awareness Month

Make Time For Distracted Driver Awareness This April

Distracted driving is a persistent problem in the U.S. The National Highway Traffic Safety Administration (NHTSA) estimates that almost 3,500 people were killed and almost 400,000 were injured in an automobile accident due to distracted driving in 2015 alone.
Even as technology has improved vehicle safety, it can't protect us from a distracted driver. In fact, some would argue that the increase in automobile technology can increase distracted driving by creating more distractions.
April is National Distracted Driving Awareness Month. That makes it the perfect time to remind ourselves of the dangers of distracted driving and consider our own driving habits and how they may contribute to distracted driving.
Examples Of Distracted Driving
Most people agree that cell phone use while driving leads to distracted driving, but there are a great many other examples of distracted driving as well.  Any of the following can lead to driver distraction:

• Eating or drinking
• Texting or social media usage
• Talking on the phone
• Talking to passengers
• Applying makeup
• Changing the radio station

Anything that takes your eyes off the road can lead to distracted driving and result in an accident. Even more alarming, hands-free use of devices can be just as distracting which means that anything that distracts your hands, eyes, or your mind can be a danger behind the wheel. In fact, distracted driving is often broken down into three distinct categories:
Visual
This is anything that takes your eyes off the road. The distraction could be inside or outside of the car.
Manual
Taking your hands off the wheel – to change a radio channel, check your phone, or pick up your coffee, for example.
Cognitive
These distractions take your mind off of driving. They could be daydreaming, talking to a passenger or taking a phone call.
Unfortunately, cell phone use incorporates all three of these categories at once.
Don't Be A Distracted Driver And Help Others Not To Be
The personal injury attorneys at Eisenberg Law Offices in Madison, WI represent way too many victims of auto accidents that involve distraction. We urge all drivers to eliminate distractions when driving, starting with cell phones; there are enough distractions and uncertainty on the road, we don't need to be creating our own distractions inside the vehicle.
If you or a loved one has been injured due to distracted driving, contact us at 608-256-8356 or at Info@EisenbergLaw.org to arrange a free case consultation.
This post was originally published at https://www.eisenberglaw.org/distracted-driver-awareness-month/.