Posted by rozeklawoffice on July 4, 2010 under Drunk Driving | 
This fourth of July weekend, the Milwaukee County Sheriff’s Department is taking part in a multi-state program focusing on arresting I-94 drunk drivers. The program, referred to as the I-94 Corridor Traffic Enforcement Project, covers 7 states and 1,500 miles of I-94. Officials across all states chose I-94 because of the high number of alcohol related crashes, many of which result in fatalities.
While the enforcement project is an attempt to curb Milwaukee County drunk driving accidents along I-94, it comes just days after Wisconsin’s new operating while intoxicated laws went into effect. There are four main areas of emphasis in Wisconsin new OWI law changes:
- A fourth offense Operating While Intoxicated will be a felony if it occurs within five years of an earlier offense.
- Ignition interlocks devices will be required for repeat offenders and first-time offenders at or above a 0.15 blood alcohol level.
- A greater emphasis will be placed on treatment for drunk drivers, helping reduce repeat offenses.
- Increases first offense OWI to a misdemeanor if a child under 16 is in the vehicle.
It is too early to determine if Wisconsin’s law changes will actually deter any drunk drivers from getting behind the wheel, but prior to the law change, Wisconsin was one of only two states that punished 1st time drunk drivers with a traffic citations as opposed to a misdemeanor criminal offense.
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If you or a loved one have been injured as a result of someone operating while intoxicated, or for more information, contact an experienced Milwaukee Drunk Driving Accident Attorney.
Posted by rozeklawoffice on March 16, 2010 under Drunk Driving, Personal Injury Cases |
Our office was recently contacted by a woman who lives in Door County, Wisconsin. In September 2008, this woman was driving home at 10:25 pm and was struck head on by another vehicle. Once the police arrived, it was revealed that the driver of the other vehicle was intoxicated with a .31 blood alcohol level AND her 4 year old child was in the car.
The women who was hit head on was severely injured. Her entire left forearm was broken and her right knee cap was shattered. She was forced to quit her job due to the injuries and has not able to do just about any activity until recently. Her last surgery was preformed in early 2009, however, she is still receiving treatment. It is most likely that she will need a knee replacement in the future and the metal in her arm may never be removed. She hurts everyday.
Prior to getting behind the wheel, the intoxicated driver was at a local tavern and was clearly over served.
Also, the intoxicated driver was uninsured with no assets. The victim only had $50,000 of uninsured motorist coverage. Therefore, the only way for the injured women to get her medical bills paid would be to file a law suit., and since the intoxicated driver did not have insurance, the injury victim would need to sue the tavern for over serving a patron.
Unlike many other states that allow for a claim to be filed against a bar owner for negligent behavior (over serving a customer), Wisconsin is one of the few states without Dram Shop Liability. Pursuant to Sec. 125.035 Wisconsin Statutes, bars are not held responsible for over-serving customers who later crash and injure another person.
This Wisconsin law unfairly burdens the taxpayers, through government assistance programs and the health care system, to pay millions of dollars in unpaid medical bills that could and more importantly SHOULD be paid by bar owners insurance for negligently over serving its patrons.
For more information on Wisconsin Law and Drunk Driving
Posted by rozeklawoffice on February 16, 2010 under Drunk Driving, Recreational Accidents |
While the waters in Wisconsin may still be solid ice, it is not too early to start thinking about boat safety. A Wisconsin boating safety certification or out of state equivalent certification is required for anyone born on or after Jan. 1, 1989 to operate a power boat on Wisconsin waters. Boating safety classes will begin this month and continue through the summer.
According to the Wisconsin Department of Natural Resources, the vast majority of boating accidents and fatalities on Wisconsin waters every year involve operators who have never taken a boating safety course. In 2009 none of the 16 people killed in boating accidents in Wisconsin had taken a course; in 2008, 19 of the 20 people killed had not taken a course.
In addition to live, in-person boating safety classes, the Department of Natural Resources will also be hosting 2 on-line courses. More information about upcoming boating safety classes can be found on the Wisconsin Department of Natural Resources website.
In the meantime, as a quick safety tip, if you’re going out on the water in a boat, the one thing you can do to assure you return home safely is to wear a life jacket. In 2008, 16 of 20 people killed in boating accidents were not wearing life jackets.
Also, save your drinking until you’re off the water. Wisconsin law prohibits anyone from operating a motorboat or manipulating water skis or similar devices while under the influence of alcohol or drugs. Anyone who operates or attempts to operate a vessel
is deemed to have given consent to an alcohol and/or rug test. It is illegal for a person to operate a motorboat or use water skis, a surfboard, or other device if he or she has a blood alcohol concentration of 0.08% or greater. Anyone under 21 years of age is required to maintain absolute sobriety while operating a boat. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction times.
For more information on Drunk Driving in Wisconsin
Posted by rozeklawoffice on January 26, 2010 under Avoiding Car Accidents, Drunk Driving, General, Pedestrian Accidents |
Pedestrian accidents can result in catastrophic injuries. Pedestrians are particularly vulnerable because they do not benefit from the protection of an automobile. Each year in the United States there are approximately 5,000 pedestrian accidents that result in death. In Wisconsin, there are approximately 50 deaths every year attributable to pedestrian vs. automobile accidents.
Did you know?……
*Pedestrian fatalities account for more 10% of all motor vehicle related deaths.
*More than 20% of pedestrians who are killed by a motor vehicle were legally intoxicated and in about 50% of fatalities either the driver or the pedestrian had a measurable blood alcohol level.
* Elderly adults of 70 years and older comprise less than 10% of the population but account for almost 20% of all pedestrian fatalities – the death rate for this group is the highest of any age group.
* Pedestrian fatality rate for males was more than twice that for females. Non-fatal injury rates for male pedestrians were 50% higher than for females
* 70% of pedestrian accidents happen in urban areas however deaths due to pedestrian accidents are much higher in rural areas. These higher fatality rates would probably be down to higher driving speed and less convenient access to medical care.
Wisconsin requires pedestrians to obey the Rules of the Road, just as automobile operators. Pedestrians must yield to automobiles when crossing a road if there is no intersection or crosswalk, or if the pedestrian does not have a green or “walk” signal and where the automobiles do have a green signal. Pedestrians must also walk on a sidewalk if one is available. If no sidewalk is available, then pedestrians must walk on and along the left side of a highway.
Most pedestrian accidents involve being hit by a moving vehicle when walking along the pavement or crossing the road at the intersection or mid-point. However, pedestrian accidents sometimes do not involve any vehicles and are rather caused by poor maintenance of roads and pavements including potholes construction and debris.
Either way, it is important for everyone on the road to remember that pedestrians have a right to use the sidewalk and street when following the rules of the road. Drinking, whether walking or driving, is dangerous. Always watch where you are going and be aware of others in the right of way.
For more information on Pedestrian Accidents.
This fourth of July weekend, the Milwaukee County Sheriff’s Department is taking part in a multi-state program focusing on arresting I-94 drunk drivers. The program, referred to as the I-94 Corridor Traffic Enforcement Project, covers 7 states and 1,500 miles of I-94. Officials across all states chose I-94 because of the high number of alcohol related crashes, many of which result in fatalities.
