Common Road Hazards That Cause Motorcycle Accidents

 

Watch out for these road hazzards when riding your motorcycle

Motorcyclists often face more danger on the road than drivers in cars and trucks. Your vehicle doesn’t offer you protection, leaving you vulnerable in an accident. A crash doesn’t just come from running into other drivers. Many road hazards put you in trouble every day. If unmanaged road conditions lead to your injuries, you may be entitled to damages after your motorcycle accident.

Road Obstructions

Because a motorcycle only has two tires on the road, it becomes harder to recover from hitting an obstacle. This might include items falling out of a truck in front of you or loose debris on the road. If you hit an object, you can easily lose control and crash. You have a duty to pay attention, but if something springs up suddenly because someone dropped a item in front of you, you can sue for damages.

Sources of Sliding

Similarly, it is easier in a motorcycle to be injured after sliding on a slick place in the road. This can include ice, oil, or even loose rocks on the road. Once you start a skid on a motorcycle, it can be hard to pull out of it, and the damage is probably done. If you can’t anticipate what you hit, and if someone else’s negligence created the hazard for you, you are entitled to recover damages for your accident.

Mismanagement

Finally, sometimes changes in how a road is managed can cause problems. A traffic pattern that changes without warning can cause chaos for motorcycle drivers. This might mean a lane closing, or a lane raised enough to make you crash when you try to move over for another vehicle. In either case, mismanaging the road service can lead to serious injuries and property damage.

If you get into a motorcycle accident due to road hazards you can’t avoid, your motorcycle and your body can take a beating. Look to the experienced personal accident attorneys at Eisenberg Law Offices to get the recovery you deserve.  Contact us today, online at https://www.eisenberglaw.org/contact-us/ or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/common-road-hazards-that-cause-motorcycle-accidents/

Date Rape Charges In Wisconsin | Eisenberg Law Offices

 

The Two Most Common Defenses To Date Rape Charges In Wisconsin

Date rape is considered a sex crime in Wisconsin, which means that date rape charges can result in hefty penalties if a conviction is obtained. These cases are usually very emotional and complex because the two parties generally know one another, and the circumstances surrounding the event require a close look at what is usually a very private part of a person’s life.

There is a tendency for those facing rape charges to feel despair at the thought of defending themselves, but a strong defense should be mounted, or you risk life-altering consequences. Consultation with a sex crimes attorney can help you understand the charges against you and possible defense options, two of which we take a look at below.

Defending Against Date Rape Charges

Wisconsin defines date rape as nonconsensual, forced or unforced vaginal intercourse between two people who know one another. They do not have to be “on a date” for date rape to occur, and they don’t have to have a long history with one another; merely meeting a person at the party that night counts as being acquainted. Victims can be male or female, and date rape can even happen between two people who have previously been intimate with one another. Consent received from a participant who is incapable of providing consent due to inebriation, for example, may also lead to date rape charges.

There are two common defenses to date rape charges in Wisconsin:

1. Unraveling the Accuser’s Motivations. It’s not unusual for our sex crime attorneys to discover that the accuser claimed date rape in order to “get back at” or punish the other person. We see this kind of revenge accusation most often between two people who have been in a relationship that ended badly. In situations like this, we work to prove that the accuser had underlying motivations for making the accusation and that the accusations are not true.
2. The “He Said, She Said” Argument. A conviction for date rape requires proof of guilt beyond a reasonable doubt, but in sex crime cases, the evidence is often a case of “he said, she said” with each side providing their own version of events. Sex crime attorneys will work to poke holes in the accuser’s story and cast doubts on their version of events in order to improve your chances of a favorable outcome.

Fight Date Rape Charges With Help From An Eisenberg Law Offices Sex Crimes Attorney

The sex crime attorneys at Eisenberg Law Offices want you to know that it is possible to mount a successful defense to date rape charges in Wisconsin. The specifics of the defense will depend on your unique situation, but you can be assured that our team will examine every detail and every bit of evidence to create the strongest possible defense for you.

This post was originally published at https://www.eisenberglaw.org/date-rape-charges-in-wisconsin-eisenberg-law-offices/

Choosing A Wrongful Death Attorney | Eisenberg Law Offices

 

5 Tips for Choosing a Wrongful Death Attorney

The unexpected passing of a loved one is always shocking, but that shock can be compounded when you suspect the death could have been prevented. When these types of suspicions mount, it’s time to seek out the services of a wrongful death attorney. To aid you in choosing the right attorney to help you, we’ve compiled a list of five tips to keep in mind as you search.

Tips That Will Help You Find The Right Wrongful Death Attorney

1. Look For An Attorney Who Has Wrongful Death Case Experience. Like doctors, attorneys have different areas of specialization. Nothing can replace actual real-world experience representing wrongful death suits, so always start your search with a shortlist of attorneys who have experience in wrongful death lawsuits, particularly in the type of wrongful death that your family has suffered.
2. Take The Time To Meet The Attorney. Never hire an attorney without meeting them. This one on one interaction helps you understand how they work and more importantly, how your personalities mesh. Cases can linger for years; you want to work with an attorney you trust and with whom you can get along.
3. Take Advantage of Free Consultations. One way to jumpstart that meeting is to take advantage of complimentary consultations. These sessions serve as a way for the attorney to get a brief overview of your case and determine an appropriate course of action and for both sides to get to know the other and see if they would work well together.
4. Don’t Be Afraid To Ask About Their Record Of Success. You want to hire the best attorney for the job. That means asking about their success record as much as their experience. Success can come in the form of having won several cases or having obtained significant settlements for their clients. Most attorneys will be happy to share their success stories with you. If they are unwilling to do this, that could be a red flag.
5. Choose An Attorney Who Works On A Contingency Basis. Many people shy away from meeting with a wrongful death attorney because they have concerns over how to afford an attorney. But most, if not all, wrongful death and personal injury attorneys work on a contingency basis, which means they do not receive payment unless they win your case.

Add The Eisenberg Law Offices Wrongful Death Attorneys To Your List

There is no reason to let the work of searching for the right attorney prevent you from obtaining justice for your loved one. Contact Eisenberg Law Offices in Madison, WI to schedule a free case consultation and use the tips above to guide your discussion with one of our wrongful death attorneys.

Arrange your free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/choosing-a-wrongful-death-attorney-eisenberg-law-offices/

4 Steps To Appeal A Criminal Conviction In Wisconsin

 

The 4-Step Process To Appeal A Criminal Conviction In Wisconsin

It is possible to appeal a criminal conviction in Wisconsin, but you are required to meet certain conditions and follow specific steps to do so. Complications abound at every stage of the process, which is why it is essential to have a criminal defense attorney representing you. One mistake can cost you your appeal and your freedom.

There are four primary steps to appeal a criminal conviction in the state, which are outlined below.

Steps To Appeal a Criminal Conviction

Once you've determined eligibility to file an appeal to a criminal conviction in Wisconsin, there are just four steps in the process.

1. File a Notice of Intent To Appeal or Pursue Post-Conviction Rights. This Notice reserves your right to appeal and must be filed within 20 days of sentencing, so it is essential to act quickly.
2. Explore Other Forms of Relief. Once you have secured your right to appeal by filing the Notice of Intent, you have time to explore other forms of relief, which include motions to withdraw a guilty plea or motions to modify or overturn your sentence. Not every case will have the option to explore other forms of relief; an appeals attorney can help you determine your options. If you do decide to seek another form of relief, you'll need to file a motion with the circuit court, which will then have 60 days to rule on it.
3. File an Official Notice of Appeal and Prepare Your Brief. If you are moving forward with the appeal, the next step is to file an official Notice of Appeal, which informs the court and the other party of your intention. Once filed, you and your attorney will need to create an appellant brief for the court to review. The appellant brief includes: the facts of your case and grounds for review as well as arguments related to the questions and concerns you are bringing up.

The brief should address specific errors that you believe to have occurred and why each ruling was incorrect. Appellate courts can only decide on issues that you specifically bring before them, so take your time with your brief and make sure it is complete. Your attorney's experience with appellate briefs will become invaluable at this stage.

4. The Review Process, Hearing, and Determination. A District Court of Appeals has no time restrictions on how quickly they must review an appeal, so be prepared to wait. After the review process, a hearing date might be scheduled or the Court will decide the case based on the briefs filed by the parties. The court can decide to completely affirm, modify, reverse, or remand the case for a new trial.

Hire An Experienced Appeals Attorney From Eisenberg Law Offices

Appealing a criminal conviction is a complicated process that requires an absolute attention to detail and the appeals process. It is not something that is recommended to attempt on your own. You have a much higher chance of winning your appeal of a criminal conviction with help from an experienced appeals lawyer at Eisenberg Law Offices. Our Wisconsin appeals attorneys have been through this process many times and have won many successful appeals for our clients.

Call 608-256-8356 or email Info@eisenberglaw.org Eisenberg Law to find out if you can appeal a criminal conviction.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/4-steps-to-appeal-a-criminal-conviction-in-wisconsin/

Determining Fault In Car Accidents | WI Accident Attorney

 

How Fault Is Determined In Wisconsin Car Accidents

Determining fault in Wisconsin car accidents is not always simple or obvious. There are multiple factors that are examined to determine liability, which influences who pays for damages and how much they must pay.

Defining Fault

Fault is also referred to as liability in car accidents and personal injury cases. The term refers to the actions or inactions of the parties involved in the accident and how those actions and inactions influenced the situation. Drivers who were intoxicated, speeding, distracted by texting and driving, or just not paying attention for example, may be found to be at fault or liable for the accident.

Determining fault matters because it is used to determine which insurance provider will be required to compensate the victim(s) of the accident for any property damage or physical injuries sustained in the accident. Damages that can be paid out by the insurance company include: property damage/car repairs, medical bills, lost wages, and pain and suffering, and more.

Determining Fault After Car Accidents

Fault is determined by an examination of the physical evidence of the accident, such as police reports and traffic citations, photographs, medical reports, vehicle damage reports, tire tracks, and site damage. Witness testimony can also be used in determining fault since witnesses often see things that victims do not. Expert testimony may even be used by car accident attorneys to prove or disprove fault. All of this evidence will be taken into consideration to determine if there was negligence, who was negligent, and if that negligence caused the accident and resulting injuries.

Sometimes, this analysis of the evidence uncovers that more than one driver bears some fault for the accident. If this happens, it is considered "shared fault," and both parties may find themselves responsible for paying part of the cost of damages based on the degree of responsibility each side bears for the accident. The court or jury will determine the fault percentage for each side and use that to determine financial awards and damages.

Car Accident Attorneys Can Help You Win Damages

If you have been involved in a car accident and the other driver is found to be responsible for causing the accident, you can try to obtain compensation from their insurance provider to cover the cost of repairs to your vehicle and any medical costs you incur or even compensation for your pain and suffering. The car accident attorneys at Eisenberg Law Offices are available to help you determine the value of your case, file a claim on your behalf, and represent you throughout the process to ensure you receive a fair and adequate settlement. If you have been involved in a car accident and aren’t sure who is at fault, we can help determine fault and position you for a satisfactory outcome.

Contact our team in Madison for a free case consultation where we can examine the evidence and determine your legal options. Arrange your 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/determining-fault-in-car-accidents-wi-accident-attorney/

Recognizing Prescription Drug Fraud

Protect your rights if you've been charged with prescription drug fraud

Prescription drug abuse continues to take a massive toll on society, fueled in part by prescription drug fraud. Obtaining these drugs through illegal means is unfortunately very common, and in many cases, rather easy. Both patients and doctors can commit this type of crime. It can be difficult to defend yourself against charges of prescription drug fraud, and it helps to know what this crime entails so that you have a better understanding of how to deal with this type of accusation.
Fraud like this can take very obvious forms, such as forging your doctor's signature on a stolen prescription pad, or lying about a condition to get medication you're addicted to but truly don't need for its intended medical use. Doctor shopping is a very common form. In doctor shopping, you visit several doctors to get multiple prescriptions or to get a prescription when your regular doctor has refused to give you more of your chosen drug.
Doctors who write fake prescriptions for themselves or who impersonate another healthcare provider for the purpose of issuing prescriptions are committing prescription drug fraud, too.
Some forms of prescription drug fraud may be confused with persistence in the face of a doctor who won't listen. For example, if your doctor refuses to prescribe a drug for you, and you go to another doctor to get that prescription, that could be misconstrued as doctor shopping even if you truly felt you needed the medicine and that the first doctor just wasn't taking you seriously.
If you've been charged with prescription drug fraud, you need to contact Eisenberg Law Offices at 608-256-8356 as soon as you can. This is a serious charge that could have terrible effects on your life and that could make it harder for you to seek treatment. You need the help of a good lawyer to successfully fight these charges or get a less severe sentence.
This post was originally published at https://www.eisenberglaw.org/recognizing-prescription-drug-fraud/

What Legal Actions Can Pedestrian Hit and Run Victims Take?

If you've been injured in a hit and run accident, here's what you need to know

Hit and run accidents are frustrating events. Not only has there been an accident, with people possibly hurt or dead, but the person responsible for the accident has fled the scene, making it harder for others to get both justice and proper compensation. For pedestrians, the damage can be particularly bad; they have to deal with what could be extensive injuries, and the emotional trauma could linger well after those injuries have healed. Pedestrians do have some recourse if they've been injured in a hit and run accident.
Hit and run accidents can be misdemeanors or felonies. If someone was injured in the accident, fleeing the scene is a felony; otherwise the accident is typically treated as a misdemeanor. Note that this is only the basic legal division between the two, and additional circumstances could affect the actual charge.
One option that pedestrians have after they've been hit by a driver who fled the scene is to try to locate the owner of the vehicle. Wisconsin law allows the owner -- who might not have been the actual driver -- to be held liable for the accident. This is because security footage and witnesses may have gotten the vehicle's license plate number, which helps police locate the car, but not necessarily the person who drove it at the time of the accident.
Pedestrians can also sue the insurance company of the owner or driver for not only medical bills, but also for emotional distress, pain and suffering, and lost wages. The injured party should not immediately settle for whatever is offered but instead should speak with a lawyer about getting compensation for all damages incurred.
If you've been injured by a hit and run driver, contact Eisenberg Law Offices at 608-256-8356 to speak with an attorney about your options. You shouldn't have to suffer financially because a driver fled the scene of an accident.
This post was originally published at https://www.eisenberglaw.org/what-legal-actions-can-pedestrian-hit-and-run-victims-take/