Ignition Interlock Device | OWI in Wisconsin

 

Fast Facts About Ignition Interlock Devices in Wisconsin

OWI convictions are costly. If convicted, you will pay fines and face penalties. One of the penalties is to install an ignition interlock device (IID) on every vehicle owned by or registered to you.

In this post, we cover four common questions about IIDs in Wisconsin.

4 Questions About IIDs in Wisconsin, Answered

• 1: What Is an Ignition Interlock Device? An ignition interlock device measures your breath-alcohol concentration and locks the vehicle’s starting mechanism if the concentration is too high. IIDs are required as a condition that allows you to keep your license after an OWI conviction. The IID effectively operates as a “breathalyzer” for the vehicle.
• 2: When is an IID Required? IIDs are required to be installed for a minimum of one full year from the time of conviction and/or reinstatement of driving privileges. Wisconsin judges order the installation of ignition interlock devices for:

• ALL repeat offenders.
• ALL first-time offenders with a BAC of 0.15 percent or higher.
• ALL drivers who refuse to provide a breath or blood sample for a chemical test at a traffic stop.

• 3: How Much Does it Cost to Install an Ignition Interlock Device? It is up to you to bear the cost of installing the devices on your vehicles. Prices vary by model and are influenced by the make and model of the vehicle they are installed in. Average installation costs in Wisconsin are $100. However, the devices have monthly fees and require bi-monthly calibration, both of which are added expenses. In general, it costs approximately $1,000 to maintain the IID for a year in one vehicle. When it comes time to remove the device, there is an additional charge associated with that. The state does offer assistance for people experiencing financial hardship.

• 4: Where Do I Get an IID? You will need to find an IID service center to obtain the device. Ignition interlock devices are leased from the service center provider. The lease agreement typically includes installation, monthly service, and removal costs. Any additional costs such as calibration or resetting the device after a violation are assessed separately.

Learn more about IIDs and where to find an installer, here.

Retain Driving Privileges After OWI With Help From Eisenberg Law Offices

If you are facing an OWI, don’t face the charges alone. Besides the legal repercussions, a conviction is expensive. The team at Eisenberg Law Offices is available to help you fight the charges against you and minimize the legal fallout.

Contact our Madison law office for a free consultation where we can discuss your particular situation in detail and advise you of your options. Call 608-256-8356 or email info@eisenberglaw.org to get started.

This post was originally published at https://www.eisenberglaw.org/ignition-interlock-device-owi-in-wisconsin/.

Q And A With A Wisconsin Car Accident Lawyer

 

Questions And Answers From a Car Accident Lawyer

Hiring a Wisconsin car accident lawyer can be a daunting thought, but it is a smart move that will only help you. If you have been involved in a car accident and suffered injuries of any kind, an attorney can make sure you are treated fairly, that your claim is handled in a timely manner, and that you receive the full claim amount to which you are entitled.

The most important service an accident attorney provides is to deliver peace of mind. Hiring an experienced attorney to manage your claim means you can focus on recovering from your injuries while they handle the intricacies of the claim.

Q&A With A Car Accident Lawyer

• What is the first thing an accident victim should do after a car accident?

If you have been in an accident, always get medical attention right away, even if you feel fine. After an accident, adrenaline is high and you may not feel injured until later. Car accident injuries are also insidious. They may not show up immediately and it can take weeks or months before you put two and two together that what you are feeling today may be connected to a fender bender you had 3 weeks ago. A medical exam shortly after the accident can help identify any of these hidden injuries. Plus, you will be better able to get the care you need if and when pain does rear its ugly head.

We also always advise accident victims to get pictures of the damage to their vehicle and to preserve any evidence they have such as medical reports and bills. Keeping notes or journaling about your recovery process can help document the changes the injury has had on your life and be used to build an injury case.

• How long does it take to settle cases?

How it takes to settle a case is variable. Accident cases depend on several factors, including the type of injuries you have suffered. You may receive an early settlement offer from the insurance company but be forewarned that these offers may be inadequate for your recovery needs. We always advise clients to speak with a Wisconsin accident lawyer before accepting any such offer. We conduct a thorough analysis of your needs to determine the most appropriate claim amount and will advocate for you to receive the full amount you are due.

• Can I get compensated for my injuries?

Yes. Most people know they can be compensated for any necessary repairs to their vehicle after an accident, but compensation for your injuries is also possible and is a primary consideration in car accident cases. You can obtain compensation to pay for medical bills, lost wages, and property damage, and you can also obtain compensation for pain and suffering and emotional distress.

• When should I file a personal injury claim?

Wisconsin has a 3-year statute of limitations on personal injury claims, including car accidents. The statute of limitations is two years for wrongful death actions.  This means that you must file a personal injury claim within 3 years from the date of the accident to obtain compensation. If you try to file after this time, your case will be dismissed and you will have lost any chance of obtaining compensation for your injuries.

Contact Eisenberg Law Offices For Help With Your Claim

Meet with a Wisconsin car accident lawyer at Eisenberg Law Offices for help filing a car accident claim. We will guide you through the legal process, negotiate with insurance providers, and advocate for you to receive the full claim amount which you are due. 

Arrange a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/q-and-a-with-a-wisconsin-car-accident-lawyer/. 

Fault in a Motor Cycle Accident in Wisconsin

 

Who is Usually at Fault in a Wisconsin Motor Cycle Accident?

A motor cycle accident can be horrific and motorcyclists know they must take responsibility for their own safety. Driving sober, wearing helmets and other protective gear, and obeying the rules of the road are all ways motorcyclists can protect themselves. Despite all of these efforts, motorcyclists are still at risk of serious injury in an accident. To make matter worse, they are usually the victims in road accidents, with passenger vehicle drivers bearing responsibility for most motorcycle accidents in Wisconsin.

The reason for this often comes down to a lack of awareness. Motorcycles are small and difficult to see; they are easily overlooked by inattentive drivers, especially in poor sight conditions or when making turns. Although a passenger vehicle driver may walk away from such an accident with nothing more than a few bumps and bruises, the consequences can be deadly for motorcycle riders.

Wisconsin Motor Cycle Accident Numbers

According to the Wisconsin Department of Transportation, there were 2,104 accidents involving motorcycles in 2020, the most recent year of data available. This resulted in 1,796 injuries and 112 motorcyclist deaths. When compared to statistics for passenger vehicles there was one death for every 25.3 motorcycle accidents versus one death for every 266.9 passenger vehicle accidents. A motor cycle accident in Wisconsin is 10 times more deadly than a car accident.

The 4 Ways Auto Drivers Cause Motorcycle Accidents

1. They do not see motorcycles. As mentioned above, motorcycles can be difficult for drivers to see. They can be especially hard to see in traffic as demonstrated by the fact that many motorcycle incidents occur when an automobile driver turns left in front of a motorcycle going straight.
2. They are distracted. Distracted driving is an enormous cause of road accidents regardless of the type of vehicle driven. Unfortunately, motorcyclists bear the worst consequences of distracted driving. Drifting into a motorcycle’s path is a common cause of distracted driving accidents.
3. They are simply unaware. There are fewer motorcycles on the road than cars. This can lead to a phenomenon called inattentional blindness where people simply don’t notice unexpected objects around them. This causes “looked but failed to see” accidents.
4. They misjudge speed and distance. Because motorcycles are smaller and less common than cars, it can be harder for drivers to gauge the speed and distance of a motorcycle. This is a primary contributor to the left-hand turn accidents mentioned above.

Determining Fault In a Motor Cycle Accident

Fault in a motorcycle accident is determined using the same methods as determining fault in any other type of auto accident. Evidence is collected by multiple means which can include:

• Police reports
• Medical records
• Witness statements
• Traffic/road camera or dashcam footage
• Accident reconstruction

Wisconsin has comparative negligence laws. This means that both parties can be partially at fault for an accident. Operators are unable to recover compensation for an accident if they are 51% or more at fault for the accident. If they are 50% or less esponsible, any compensation awarded is reduced by the percentage of fault. If you are 25% responsible for the accident, your monetary award will be reduced by 25%.

The Motorcycle Attorneys at Eisenberg Law Are Here to Help

Due to the comparative negligence laws, an accurate determination of fault is crucial to securing adequate compensation after a motor cycle accident. The attorneys at Eisenberg Law Offices in Madison, Wisconsin help motorcycle victims build their cases and present the facts to secure the highest amount possible. Without legal representation motorcycle accident victims run the risk of accepting a “low-ball” settlement offer that does not fully cover their recovery needs.

If you have been involved in a motor cycle accident in Wisconsin, contact Eisenberg Law Offices for help. We will work aggressively on your behalf to ensure you receive the full settlement amount you are due so you can focus on recovery after your accident.

Arrange a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/fault-in-a-motor-cycle-accident-in-wisconsin/. 

Getting A Second Option For Car Accident Injuries

 

When Car Accident Injuries Warrant a Second Opinion

Obtaining a second opinion for a medical condition is common practice in Wisconsin. Maybe you didn’t hit it off with the diagnosing doctor. Maybe you want to talk to someone who has more experience with the diagnosis. Maybe you just want to explore all of your options before settling on a treatment plan. All of these are perfectly acceptable reasons to talk to another provider regarding a diagnosis or an injury, including car accident injuries.

And yet, some people hesitate to seek out another opinion after a car accident in case it slows down payment on their claim. But this can actually help your claim if it results in you obtaining a more accurate diagnosis.

When to Get a Second Opinion

Obtaining a second opinion can help you better understand your health situation and options. It is always a good idea to speak with another healthcare provider if you have questions that your first provider can’t answer or if you leave the visit feeling confused or unsure about the findings and recommendations. Other reasons for seeking another opinion are:

• The doctor dismisses or ignores your concerns or you don’t feel heard.
• You have been following the treatment plan but haven’t seen results.
• The treatment plan is risky, unproven, or too invasive in relation to expected outcomes.

Any time you lack confidence in your provider, you should get a second opinion.

Word of Warning: Do Not Stop Treatment

Getting another opinion won’t hurt your claim, but stopping treatment will. To an insurance company, this looks like you were not as badly injured as you claim and gives them an opening to deny or reduce the claim amount. It is always better to see a different doctor if you are unhappy with your treatment or progress than it is to stop treatment if you are involved in a car accident injuries claim.

The insurance company itself may even require you to see another doctor as part of an independent medical exam (IME). This doctor will be chosen by the insurance company, but it is a standard practice in injury claims. Your attorney can help prepare you for the examination.

Contact Eisenberg Law Offices to File Claims for Car Accident Injuries

Working with an insurance company after an accident is never easy. If car accident injuries are involved, the stakes are higher and the process is more complicated. Contact the team at Eisenberg Law Offices for help navigating the car insurance claims process to ensure you receive the coverage you need and are entitled to.

We offer free, no obligation consultations. Contact our Madison car accident attorneys at 608-256-8356 or info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/getting-a-second-option-for-car-accident-injuries/.

Restraining Orders in Wisconsin | Get a Restraining Order

 

What to Know About Restraining Orders in Wisconsin

A restraining order is a legal protection available to victims of domestic violence or domestic abuse in Wisconsin. These orders help protect victims by putting physical distance between them and their abuser, giving them the space they need, physically and mentally, to determine their next steps and take legal action against the abuser.

Protections Offered

What makes these orders so effective are the consequences of violating them. Anyone who violates one of these orders faces criminal charges. Restraining orders protect victims by prohibiting the abuser from:

• committing domestic abuse against the victim.
• coming near the victim’s home, workplace, school, or other location they frequent.
• living with the victim.
• contacting the victim directly or through other people (unless through law enforcement or legal representatives).
• coming near the victim’s children or pets.
• owning or possessing firearms while under the order.

In some cases, particularly with final orders, the court can require the abuser to relinquish their rights to a victim’s phone number and any accounts held in conjunction with the victim.

Temporary Vs. Final Orders

Temporary orders last for 14 days. During this time an injunction hearing is held. At the hearing, the judge can extend the temporary order or issue a final order. These orders last up to 4 years in most cases, but in severe situations, they can remain in place for as long as 10 years. Once a final order expires, a new hearing is set and the order is renewed or allowed to lapse at that time.

The Definition of Domestic Abuse

Domestic abuse is broadly defined in Wisconsin, but to even be considered domestic abuse, the abusive actions must be committed against:

• A current or former spouse
• An adult the abuser lived with or used to live with
• An adult the abuser shares a child with

Behaviors that qualify for domestic abuse charges include:

• Inflicting injury
• Causing pain or fear
• Sexual assault
• Stalking
• Destroying property

In order to qualify as domestic abuse, the abuser has only to threaten to commit one of these acts, not commit it.

Obtaining a Restraining Order

Victims can obtain restraining orders by applying at the county level based on:

• The county lived in.
• The county they are temporarily living in.
• The county where their abuser lives.
• The county where the abuse occurred.

Domestic abuse orders are free to file.

What if the Order is Violated?

Paperwork and threats of legal repercussions are not enough to stop some abusers. Once an order has been violated, the victim should contact the police. At that point, the violation becomes a civil or criminal charge and is prosecuted through the court system. Certain violations result in the immediate arrest of the violator and they will go to jail.

Denial of a Restraining Order

Sometimes, an order is not granted. When this happens, victims can get advice and support from domestic violence centers. If the victim’s relationship with the abuser is the non-qualifying factor, the victim or victim’s representatives can apply for a different type of order such as:

• Harassment
• Child Abuse
• Individual at Risk

Get Support From Wisconsin’s Eisenberg Law Offices

The domestic abuse attorneys at Eisenberg Law Offices can help you file for an order of protection in Wisconsin. Contact our team to ensure you have the evidence you need to secure the most appropriate order for your situation and for help building a strategy that will protect you long-term. We offer private and confidential case consultations. Arrange your free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This link was originally published at https://www.eisenberglaw.org/firm-overview/articles/restraining-orders-in-wisconsin-get-a-restraining-order/.

Wisconsin OWI Laws: Felony Vs. Misdemeanor OWI

Wisconsin OWI laws carry different fines, penalties, and repercussions depending on whether the crime is classified as a felony vs. misdemeanor OWI. Adding to the confusion, First Offense OWIs are neither. They are typically classified as civil crimes.

It is important to understand Wisconsin OWI laws and whether you have been charged with a felony vs. misdemeanor OWI because those convictions can show up on background checks such as those requested by employers or landlords.

Felony vs. Misdemeanor OWI in Wisconsin

A misdemeanor OWI is more serious than a traffic violation but less serious than a felony OWI. Both are criminal offenses under Wisconsin OWI laws and will have repercussions in many aspects of your life.

Misdemeanor OWI is charged when a driver faces OWI for the second time in 10 years or the third time in their life or if their blood alcohol content (BAC) level is 0.08% or higher. The number drops to .04% or higher if the driver was operating a commercial vehicle. You can also be charged with a misdemeanor OWI charge even with a BAC below 0.08% if you were involved in an accident that causes property damage or personal injury.

Misdemeanor OWI penalties may include any or all of the following:

• Fines between $300 and $2,000.
• Five days to one-year in prison.
• Loss of driver’s license for six months to three years.
• Ignition Interlock Device installment on your vehicle.
• Drug/alcohol assessment and/or counseling.
• Higher auto insurance rates.

Drivers who have a BAC of 0.15% or higher or are facing their driver’s fourth or subsequent OWI offense will face felony OWI charges. Felony OWI is either a Class E, F, G, or H felony with each carrying its own set of consequences:

• Class H fines range from $600-$1,000 and 60 days to six years of prison.
• Class G fines range from $600-$25,000 and one to ten years in prison.
• Class F fines go up to $25,000 and three to 12.5 years in prison.
• Class E fines go up to $50,000 and four to 15 years in prison.

In addition, drivers may lose their driver’s license, have to undergo alcohol treatment, and face all of the other penalties that a misdemeanor OWI conviction carries.

Wisconsin OWI laws make felony OWI charges possible even for first OWIs if the driver caused great bodily harm or killed someone with their vehicle. The fines and penalties will be harsher than usual too.

Meet with a Wisconsin OWI Attorney

Whether you are facing a felony vs. misdemeanor OWI in Wisconsin, you need legal representation. Both are criminal charges that will impact your life for years to come affecting your reputation and ability to drive and may include jail time and hefty fines. Meet with an OWI attorney at Madison’s Eisenberg Law Offices to understand the charges you are facing and to build a legal strategy that protects you throughout the process and after.

Call Eisenberg Law Offices at 608-256-8356 or email info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/wisconsin-owi-laws-felony-vs-misdemeanor-owi/.

Car Accident Liability For Wisconsin Passengers Injuries

 

Who is Liable for Passengers’ Injuries in a Wisconsin Car Accident?

Passengers in Wisconsin car accidents can be injured just as easily as drivers, but what is their legal recourse? Who bears car accident liability for passenger injuries? Is it the driver of the vehicle you were riding in or the other driver? Can they both be liable? How do you know where to file a claim?

Passengers' Rights After a Car Accident

The first thing to be aware of is that passengers do have the right to recover damages after a car accident.

You may not be able to file a claim immediately, however. Insurance investigators first need to determine who was responsible for the accident, especially if it was a two (or more) car accident. Once that is determined, you will know which driver or drivers bear car accident liability and are responsible for your injuries.

Determining Car Accident Liability

In a multi-vehicle accident, one or more drivers could have car accident liability for the accident. This is particularly common in Wisconsin which is a shared fault or comparative negligence state. That means that more than one driver could be responsible for your injuries. Each driver who bears fault will be assessed a percentage of fault from 0 to 100. Drivers who bear zero fault will pay zero in damages. The at-fault drivers will share the cost of the damage among them, split based on their percentage of fault.

Learn more about car accident liability and Wisconsin's comparative negligence laws in our post entitled, “Comparative Negligence and Wisconsin Car Accidents”.

Seeking Compensation as a Passenger

If you have been injured as a passenger, you will apply to receive damages from the at-fault driver(s) insurance. Passengers may claim damages for many of the same things claimed in other types of personal injury cases:

• Medical costs related to accident injuries include hospital and doctor bills, prescription costs, therapy, and mobility devices.
• Pain and suffering
• Lost wages due to time missed from work for your recovery
• Loss of future wages or lower earning capacity due to the injuries
• Transportation costs, including to the ER and medical appointments

Determining the amount of your claim is tricky, especially once you take all factors into account. Insurance companies may make you a settlement offer, but it may not be the full amount to which you are entitled or need. Then, there is the possibility that the liable party or parties can’t pay, making the process even more complicated. Additional complications arise if there is more than one injured passenger; the insurance coverage available may not be enough to cover both claims.  As a passenger in a vehicle involved in an accident, you are entitled to all of the UM/UIM/medical expense coverage that the driver of your car has in effect.

These are just a few of the reasons why so many passengers seek help from the car accident attorneys at Eisenberg Law Offices. Your attorney will represent you throughout the process, ensuring you receive the full value of the damages you are entitled to and shepherding your claim through the process, even representing you to multiple insurance companies in the event there is more than one driver who has a car accident liability.

Our firm represents vehicle passengers as well as drivers in car accident cases throughout Wisconsin. If you have been injured in a car accident as a passenger, contact our office to get answers to your questions and advice on your next steps.

Arrange a free, no-obligation consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/car-accident-liability-for-wisconsin-passengers-injuries/.