The Benefits of Early Legal Assistance in Truck Accident Cases

Talk to a Personal Injury attorney right after your truck accident

Accidents involving semi trucks can be particularly horrendous because of the size and weight of the trucks. Rather than devoting time to fighting with agencies to get proper compensation, you should be concentrating on getting better, which means handing much of the administrative and legal work to an attorney.
Saving That Evidence
If you've never dealt with truck accidents before, you may miss crucial evidence that could help you win your case. An attorney who handles truck accident cases will know exactly what evidence is needed and can work quickly to obtain and save each bit. The evidence may range from the usual witnesses and weather reports to truck maintenance records.
Talking to Insurance Reps
When you get into a car accident, you end up dealing with an insurance company that is pretty much on the same level as yours. But when you get into an accident with a truck, you end up dealing with huge insurance companies retained by major companies with lots of money to put toward reducing the blame that lands on their driver. An attorney can combat the tactics used by some of these companies to lower potential compensation.
Negotiating, Accepting, or Rejecting Settlement Offers
Your case doesn't need to head to court to require a lawyer's help. The truck company's insurance may offer to settle to avoid going to court, and you definitely want a lawyer to handle any settlement negotiations. It's too easy for you to end up with a settlement that's smaller than what you really deserve because you don't know any better, but a lawyer will keep at the negotiations until they're either more than satisfactory or until it's clear they're going nowhere, and heading to court is the only option.
Contact Eisenberg Law Offices at 608-256-8356 if you've been involved in an accident with a truck. Our lawyers can help you throughout the entire claims and negotiation processes so you get compensation that covers what you need.

This post was originally published at https://www.eisenberglaw.org/the-benefits-of-early-legal-assistance-in-truck-accident-cases/.

How Domestic Violence Reports Affect You

Domestic violence charges can greatly impact your life

Wisconsin takes reports of domestic violence very seriously. If you have been charged with domestic abuse, you face significant consequences. Conviction of domestic violence can bring severe punishment, including the loss of possession of firearms. You should contact an attorney right away if you know someone has filed a report on you.
Potential Arrest
Wisconsin law defines domestic violence as either inflicting pain, injury or illness, or causing someone fear of your doing so. If someone files a report against you, and the police officers sent to the scene have a "reasonable belief" that continued abuse is likely, they will arrest you for domestic violence.
Surrender Your Firearms
If a restraining order is issued against you, you will also give up your right to possess firearms. That remains in place for as long as the restraining order is in effect. If you are convicted on domestic violence charges, you may have to surrender your firearms altogether.
72-Hour Order
Once you are arrested, a 72-hour order is issued to prevent you from contacting the alleged victim or going to that person's residence. If there is a dispute you want to try to work out with the reporter of the crime, even if you are released from jail, you are unable to do so during that time.
Lingering on Your Record
Finally, even if you are not arrested, having someone report you for domestic violence remains with you for a long time. Under Wisconsin law, just the report of domestic violence remains on your record for 10 years. If you are later accused of domestic violence again, the prosecutor may be able to use the prior report against you.
With the consequences you face, you should contact an attorney as soon as someone reports you for domestic violence. If you have been reported or charged, contact Eisenberg Law Offices at https://www.eisenberglaw.org/contact-us/ or at (608)256-8356. We will give you the experienced representation you need.

This post was originally published at https://www.eisenberglaw.org/how-domestic-violence-reports-affect-you/.

Can the Police Search Your Smartphone?

Is searching your smartphone legal?

Ideas of privacy have changed dramatically as technology improves. Today, much of your life is accessible through your phone. This may not concern you in the abstract, but when police demand to search your smartphone, you will likely rethink that. There are limits in place to protect you, but in an evolving world, you may have trouble applying yesterday's limits to today's problem. Work with an experienced criminal lawyer to help protect your rights.
Fourth Amendment Protections
The Fourth Amendment to the United States and Wisconsin constitutions protects against unreasonable search and seizure. It requires police officers to have a warrant before searching your property. The U.S. Supreme Court held in 2014 that this requires police to have a warrant based on probable cause before they can search a phone for digital information. If you are stopped and asked to hand over your phone, you have the right to refuse under constitutional privacy protections.
Fifth Amendment Protections
The Fifth Amendment adds more criminal process protections by preventing you from having to provide self-incriminating testimony. In the smartphone context, this means you do not have to give your password to a police officer. What the law does not yet make clear is whether this extends to biometric measures like your fingerprint or facial recognition. Before you agree to help authorities unlock your phone, you should consult an experienced criminal attorney.
Keeping Up with Technology
The biometrics issue makes clear that smartphones are part of a significant legal problem: trying to apply static legal principles to fast-changing technologies. The Fourth and Fifth Amendments apply to many concerns, but they were written at a time no one could have envisioned the privacy concerns that today's technology enables. Understanding what rights you have, and when you may waive them, is a tricky subject for even the best legal minds of today. Trying to make sense of them without an experienced criminal attorney is even more difficult. If you are faced with criminal charges, contact Eisenberg Law Offices, at https://www.eisenberglaw.org/contact-us/ or at (608)256-8356. We will help you understand and protect your smartphone-related rights.

This post was originally published at https://www.eisenberglaw.org/can-the-police-search-your-smartphone/.

Recovering Damages in a Motorcycle Accident

You may be able to recover damages from your motorcycle accident

Any accident on the road is dangerous. When you are on a motorcycle, the damage to both you and the bike has the potential to be much greater. If someone else causes an accident, you are entitled to damages for both your injuries and your motorcycle. The right attorney can help you recover your losses and make yourself whole again.
Causation and Insurance
In Wisconsin, everyone is required to carry insurance. The insurer of the driver who is at fault for an accident is usually responsible for whatever damages you suffer. If the other driver admits fault or the police at the scene determine he or she was at fault, you still have to work with an insurer to recover the damages to which you are entitled.
Damages Available
The biggest sources of damages are usually your medical costs and the lost value of your motorcycle. Beyond this, you can also recover for pain and suffering, lost income, loss of enjoyment of life, and other measures of what you lose as a result. Understanding what these losses are, and how to value them, should take priority for you before you even begin talking to the insurance companies.
Insurance Claims and Total Loss
Depending on the amount of damage to your motorcycle, it might be declared a total loss. This comes if the cost of repairs would be more than the value of the vehicle, the motorcycle can't meet minimum safety standards, or the motorcycle can't be safely repaired. If any of this is the case, the insurer will likely declare it a total loss.
Still, the offer an insurer makes is likely to underestimate the value of your motorcycle or of the other losses you suffer. An insurance company is a business, and looks to each claim with an eye toward preserving its money rather than necessarily what your real losses are. If you have been in a motorcycle accident, talk to a lawyer before you discuss the claim with the insurer. To get experienced help, contact Eisenberg Law Offices, at https://www.eisenberglaw.org/contact-us/ or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/when-to-file-a-personal-injury-lawsuit-wi-personal-injury/.

What Causes Car Wrecks in Wisconsin?

Car crashes in Wisconsin - list of major causes

Wisconsin's roadways are busy throughout the year. While most drivers travel safely and responsibly, accidents happen--bringing an average of over 500 deaths and 41,000 injuries per year, according to the Wisconsin Department of Transportation. Understanding the causes of these car crashes in Wisconsin can help you avoid problems that many drivers face.
Deer
Wisconsin is home to more than just people. The wildlife in the state lends to its natural beauty, but also creates hazards on the road. A large deer population means drivers need to be wary of deer running into the road. Over 19,000 accidents involving deer occur every year. Whether on quiet country roads or busier highways, a deer can leap into the road to cause a driver to either crash or swerve into other drivers.
Changing Traffic Patterns
The warmer months in particular bring construction work throughout the state. This creates closed lanes and shifting traffic patterns that throw some drivers off. If someone isn't paying attention or tries to merge at the last moment, accidents result. Crashes at merge points and lane changes do more than back traffic up; they can cause serious injuries and deaths that could have been prevented with more careful driving.
Speeding
Speeding creates dangers that could be easily avoided just by traveling at saver velocities. Traveling too fast gives drivers less reaction time on the road, and creates more damage when a crash occurs. Thousands of accidents in Wisconsin every year result from drivers exceeding speed limits or driving faster than conditions safely allow.
Drunk Drivers
Most people know the dangers of driving while intoxicated. Unfortunately, drinking impairs judgment, and what someone knows before the first drink may not help after consuming too much alcohol. In the end, far too many drunk drivers get behind the wheel and cause accidents.

While no one can prevent every accident, many can and should be avoided. If you have been injured in an accident, you should retain an experienced lawyer. Contact Eisenberg Law Offices at https://www.eisenberglaw.org/contact-us/ or at (608)256-8356 to learn how we can help.

This post was originally published at https://www.eisenberglaw.org/what-causes-car-wrecks-in-wisconsin/.

No-Knock Warrants | Wisconsin Search Warrants

No-Knock Warrants Are Legal And Valid In Wisconsin

Most people are familiar with the requirement that officers obtain a search warrant before entering a property to search it. When we picture what this looks like, our mind sees officers knocking on the door and being allowed entry once they present the warrant. That is the case in most situations, but in some cases, officers can obtain no-knock warrants, which allow the police to enter the property for search purposes without announcing themselves first.  Instead they enter by force.

No-Knock Warrants Began In Wisconsin

Wisconsin was actually the first state to authorize the use of no-knock warrants in the 1997 case, Richards vs. Wisconsin. The case involved an unannounced search for drugs in a hotel room, which was challenged. The case eventually made its way to the U.S. Supreme Court, where the State asked the Court to grant a blanket rule allowing law enforcement officers to enter a property without knocking in a case involving felony drug investigation. The Supreme Court did not grant this request, but did authorize the use of no-knock warrants if:

• there is reasonable suspicion to believe that knocking and announcing police presence would be dangerous or would inhibit an effective investigation.

Police still must apply to a court to obtain a no-knock warrant. As with traditional search warrants, the court will decide whether or not to grant the warrant and also whether or not to grant the no-knock provision, depending on the facts of the warrant affidavit submitted.
No-knock warrants remain more prevalent in our state than in other states.

Obtain A Free No-Knock Warrant Case Consultation From Our Madison, Wisconsin Law Firm

As a Madison, WI based law firm, the criminal defense attorneys at Eisenberg Law Offices have extensive experience with no-knock warrant cases. If you or a loved one has been subjected to a no-knock warrant, contact us to arrange a free case consultation. We will examine the search warrant to make sure your 4^th Amendment rights are protected, advise you on possible next steps, and represent you in court, if need be.
Contact Eisenberg Law Offices by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/no-knock-warrants-wisconsin-search-warrants/.

When To File A Personal Injury Lawsuit | WI Personal Injury

How Do You Know When To File A Personal Injury Lawsuit?

A personal injury lawsuit is typically filed when a person has suffered a severe or life-changing injury as a result of another person's negligence. Personal injuries vary in severity, but lawsuit-worthy injuries often include loss of function or mobility, an inability to work, devastating pain, and/or economic hardship as a result of the injury. People can be injured in many types of situations such as slip and fall accidents, nursing home accidents, medical malpractice situations, car accidents, and more.
Usually, when the victim sustains such an injury that he or she is unable to work, has high medical bills, or the injury was life-altering, he or she will seek legal counsel to explore the possibility of filing a personal injury lawsuit.

When To File A Personal Injury Lawsuit

After you’ve been injured and had a chance to begin recovery and take stock of your situation, it’s natural to wonder if you should file a lawsuit. Even seemingly minor incidents like slips and falls can result in a severe injury that warrants a lawsuit.
In general, you should consider filing a personal injury lawsuit when:

• An injury has long-lasting or life-altering consequences.
• You have lost your job or ability to work due to the injury.
• You have mounting medical bills and more treatments to come.
• You believe someone else is responsible, or at fault, for your accident.

Fault in a personal injury lawsuit is a critical consideration. Sometimes, injuries result from honest to goodness accidents, and no one can bear the blame for the accident. In these cases, you would be unlikely to have a personal injury case because there isn't anyone to sue. However, if someone else bears partial or full fault for the accident, it can be argued that they bear responsibility for the injuries sustained, and you may be able to sue for damages.

Consult A Personal Injury Attorney To See If You Should File A Lawsuit

Consultation with a personal injury attorney is vital if you think you have a case. Your attorney will examine the facts and circumstances of your case to determine if someone is at fault for the accident and what sort of damages you may be entitled to receive. It's essential to meet with an attorney as soon as possible after the accident because in some cases, there may be a statute of limitations on how long after an accident a lawsuit can be filed. In general, victims only have 3 years from the date of the injury to file a lawsuit under the Wisconsin statute of limitations law.
If you have been injured and want to explore your legal options, contact the team at Eisenberg Law Offices to arrange a free consultation. Call 608-256-8356 or email Info@eisenberglaw.org to schedule.

This post was originally published at https://www.eisenberglaw.org/when-to-file-a-personal-injury-lawsuit-wi-personal-injury/.

Under Investigation For A Crime | Wisconsin Criminal Defense

I'm Under Investigation For A Crime, What Should I Expect?

If you find yourself under investigation for a crime, you may be tempted to go straight to the police to provide your side of the story. That is not a good idea and one that is certain to backfire on you. It is more likely that the police will be able to collect even more information from you and use it against you to expand their investigation.
Instead, you should contact a criminal defense attorney as soon as you suspect you are under investigation for a crime. An attorney will be able to ensure your rights are protected throughout the investigation and that you don’t do anything to incriminate yourself. In the meantime, review this post for answers to some of the most common questions we receive from clients who are being investigated for crimes.

Will I Know If I Am Under Investigation For a Crime?

The biggest clue that you are under investigation for a crime is if the police ask to "speak with you" when you haven’t been the victim of a crime. This is one way they are able to collect more information to strengthen their case, particularly if you incriminate yourself, even unknowingly. If they can gather enough evidence against you, they will be able to arrest you.

What Happens If I Am Arrested?

If you are arrested, a judge will determine if bail is an option for you. Bail is money that is paid by suspects to get out of jail while awaiting further court proceedings. Whether bail is set depends on many factors, including the severity of the crime, your criminal history, and if you are suspected to be a flight risk. Once you post bail, you are expected to attend all of your future court dates. If you do not attend all of your mandated court dates, you will not get your bail money back and a warrant will be issued for your arrest.

What Is An Initial Appearance?

The initial appearance is your first appearance before a judge where you are informed of the charges against you. You will be asked if you have an attorney or if you want the court to appoint one for you. Your bail amount will be set and future court dates will be scheduled.

What Should Expect At The Preliminary Hearing?

The preliminary hearing is where the judge hears the prosecution's evidence against you to determine if the case will move forward or be dismissed. During the preliminary hearing, your attorney can challenge witnesses and question the evidence collected by police. 

What About Plea Bargains?

A plea bargain is an agreement that is negotiated between the defense attorney and the prosecution to resolve the case. Prosecutors often agree to reduce the charges or recommend a lesser sentence in exchange for a guilty plea. If a plea bargain is not reached, the case goes to trial.

The Trial and Sentencing

During the trial, the prosecution and the criminal defense attorney will give statements, present evidence, and question witnesses to prove the case against you. If you are found guilty, the court will determine your sentence, which can include any or all of the following: incarceration, fines, court costs, restitution, and probation. The sentencing for minor crimes is often set immediately. Sentencing for significant crimes is usually set at a future date after both sides have had a chance to provide input into the appropriate sentencing.

The Role of Your Criminal Defense Attorney

A criminal defense attorney examines the evidence against you, helps prevent charges from multiplying, ensures your rights are protected, that you are given due process, and argues your case at every stage of the investigation, hearings, and trial to have the charges reduced or dismissed.
If you suspect you are under investigation for a crime, you should retain the services of a criminal defense attorney from Eisenberg Law Offices, whether you are innocent or guilty. Our experienced attorneys can help you get bail set, charges dropped or reduced, and a more lenient sentence.
Schedule a free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/under-investigation-for-a-crime-wisconsin-criminal-defense/.

Pedestrian Fault In A Car Accident | Car Accident Attorney

Can Courts Find A Pedestrian At Fault For A Car Accident?

There is a natural tendency to assume the driver was at fault in a car accident that involves an automobile and a pedestrian. In most cases, the pedestrian has far more severe injuries than anyone who was in the car. It is easy to let our sympathy for the pedestrian's injuries cloud the facts of the situation. In actuality, it is possible to find a pedestrian at fault for the accident in certain circumstances.

The Right of Way Question  

Wisconsin does have right of way laws regarding pedestrian-vehicle use of roadways. Most people assume the pedestrian always has the right of way, but this is not accurate. Pedestrians must follow certain rules of the road, just as drivers must. If they violate these right of way rules, it is possible to find a pedestrian at fault for the accident. For example, pedestrians must:

• Obey crosswalk signals when the crosswalk is equipped with a traffic signal.
• Not suddenly leave the curb, sidewalk, or other safety zones to enter the path of an oncoming vehicle.
• Yield the right of way to all vehicles when crossing anywhere other than a marked or unmarked crosswalk.

Pedestrians who fail to yield in these situations could be a pedestrian at fault for a car accident and open themselves up to a lawsuit.

Determining Fault In A Car Accident

In order to determine fault in a car accident, the legal system examines the actions of all parties involved in the situation to determine if there was negligence. In our system, everyone is expected to behave using a reasonable amount of care in a given situation. Both pedestrians and drivers are expected to follow the rules of the road. When one party deviates from these expected norms and, as a result, injuries another party, it can be argued that they acted negligently and are responsible or at fault for the accident and the injuries sustained.
Fault may be assigned 100% to one party or the other, or it may turn out that both sides bear some responsibility. In that case, it is considered shared fault. If the pedestrian darted out into traffic from between two parked cars, the pedestrian is at fault, but if the driver of the car was speeding at the time, it’s possible that the driver was also at fault. This is an example of shared fault.

Contributory Negligence And Comparative Negligence

Under state contributory negligence laws, you can obtain compensation for an accident for which you are partially at fault as long as your level of contribution/negligence to the accident was no greater than that of the other party.
Wisconsin has comparative negligence laws where both fault and recovery are split between the two parties based on the degree of responsibility each side bears for the accident. The court or jury will determine a percentage of fault for each party and use that percentage to determine compensation awards and damages.

Arrange A Free Car Accident Consultation To Explore Your Legal Options

Eisenberg Law Offices represents drivers and pedestrians in auto accident lawsuits. If you have been involved in a car accident, either as a driver or a pedestrian, we encourage you to meet with one of our auto accident attorneys to discuss your situation and explore your legal rights and options.
Arrange your free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/pedestrian-fault-in-a-car-accident-car-accident-attorney/.