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Oshkosh Personal Injury And Criminal Defense Blog

Local deputies warn motorists to slow down

With severe winter weather conditions sweeping across the upper Midwest, Oshkosh is not excluded from the winter weather storms and dangerous driving conditions. Nearby deputies in Fond Du Lac County have reported dozens of car accidents over the last several weeks of storm systems. Many are attributed to winter weather conditions, like snow, poor visibility and excessive speed for the driving conditions. This is a big reason why drivers are cautioned to slow down.

The most recent series of winter storms in the region, some are calling the "Polar Vortex" has affected hundreds across the region with record low temperatures, hazardous driving conditions and school closures among other winter weather advisories. Snow covered roads give way to ice underneath, which can easily cause car crashes and the injuries that are often attributed to them. Winter driving conditions do not take the duty of care out of the hands of the driver.

First-time Wisconsin OWI may not be a crime

Our state is known for having a different way of doing things, legislatively, than nearby states, like Minnesota, Illinois and Michigan. One of those things is the way that the first time offense of OWI is categorized and handled. If charged with OWI for the first time, it might not be prosecuted as a crime.

Rather, a first-time OWI violation is handled more similarly to a traffic ticket, also known as a civil violation. There are still potential unwanted consequences from a first-time OWI charge, if convicted. Although, "convicted" may be the wrong word, seeming as it is a civil violation. In addition, if an alleged OWI incident was particularly egregious, like involving the, reckless driving or injury of another in a car accident, it could easily be handled in criminal court.

Winter weather conditions easily lead to serious accidents

Driving during the winter season until early spring can pose a number of hazards for people on the roads. Though you may consider yourself a good driver, a sudden change in weather conditions, or already existing conditions, could easily put even the best driver to the test. Getting to your destination safely is undoubtedly your goal and a shared goal of others who are traveling the roadways.

Unfortunately, a substantial number of accidents take place every year due to weather-related conditions, especially those related to winter weather. Because of the greater risk, you certainly want to make sure that you take precautions while on the road and watch out for other drivers who may not accommodate the conditions.

What could be the underlying cause of your truck accident injury?

Finding answers to tough questions in uncharted territory can be scary and intimidating. However, finding those answers can be very rewarding and worth the trouble. Same can be said of seeking answers when you or a loved one has suffered a truck accident injury. These truck accidents can happen in the blink of an eye but have lasting repercussions that can last a lifetime.

So since we can't go back in time, all we can do is focus on the present and the future. Presently, finding if fault or negligence was a factor in yours or a loved one's truck accident injury can determine how you move forward. Seeking damages due to negligence can impact how a person's next 10, 20 or thirty years look. Financial damages seek to balance out the wrongs and suffering a person has suffered due to negligence.

Don't disregard your summer motorcycle accident injury

There may be a layer of snow on the ground, and your bike may have been retired for the season, but that doesn't mean that you aren't still affected by a motorcycle accident injury you sustained last summer. In many instances, passenger vehicles can be the negligent factor in causing those injuries. Whether a passenger vehicle failed to yield, ran a red light or merged without looking carefully, motorcyclist injuries can often be attributed to another's negligence.

To figure out if your motorcycle accident injury from last summer is relevant in this way, you can do a full investigation to determine the potential for negligence. The police should have done some of the leg work for you in this regard, so it can be helpful to check their report. Also, injuries from the motorcycle accident may have been more persistent or prevalent than you immediately thought. Now that you know the full impact of your injuries from last summer, you know what damages to seek.

Charges filed months after cyclist's death

When it comes to car and truck-related fatalities, sometimes, the initial situation isn't what it appears. This is true for the family of a Wisconsin woman who was struck and killed by a linen truck accident while out for a 60 mile bike ride in the afternoon in summer of 2017. In somewhat of a delayed timespan, the driver of that truck has been charged with criminal charges in relation to her death.

It's interesting the initial report after the cyclist's death reported that impairment wasn't thought to be a factor. The investigation handled by local authorities had unfortunately moved the location of the body, her bicycle, and it was unclear where the vehicle impacted the bicyclist on the road, although they knew it was at the intersection. The investigation was blown open when upon a blood sample, a controlled substance, Clonazepam, what found in the driver's blood test.

All about OWI charges in Wisconsin

Everybody knows about drunk driving and intoxicated driving. This includes the potential impacts it can have and the fact that it's illegal. However, many charged with OWI didn't realize they were over the legal limit, or that their actions would be considered breaking the law. However, ignorance is not a valid defense to OWI.

So, how does one move forward after being charged with drunk driving? Many charged with this crime are worried about the potential ramifications that a conviction for OWI could have on them and their family. Being over the legal limit in Wisconsin means that one's BAC was greater than .08. However, if a person fails a sobriety test, they could be charged with OWI, regardless of their BAC level.

Where do Breathalyzers come from and how do they work?

Did you know that a former police officer turned college professor invented the first breath-testing machine? Dr. Robert Borkenstein, the accepted father of the Breathalyzer, wanted to find a way for law enforcement officials to determine whether someone had enough alcohol in his or her system to be drunk without a blood sample. That was in 1954.

His non-invasive device changed the way that the law enforcement community determines intoxication. Companies have made changes to the devices over the years in an attempt to make them more accurate, but they are still plagued with the same issues. The machines capture air from the bottom of your lungs so as not to confuse the breath in your mouth, which may have alcohol in it, with the breath coming from within your body.

Loved one's wrongful death in truck accident could be compensable

Many people's worst nightmare is the thought of losing a loved one unexpectedly. For some, this nightmare turns into a harsh reality when their loved one is killed in a truck accident. These things are rarely foreseeable and are completely unexpected. So where does a family go from here when they lose a key person in their family unit?

In the first few days after an accident, much time is focused on the family, grieving and funeral arrangements. Once this has been completed, it's a matter of picking up the pieces and trying to find some semblance in a family's new reality. Once the details of the truck accident have been released, one may notice that something doesn't feel right about the truck accident. It could point to negligence on behalf of the truck driver, truck company or other related third party.

Four dead after fatal highway pedestrian crash

A recent Wisconsin vehicle accident has made national headlines for the tragic outcome it included. Several young girls associated with the Girl Scouts and an adult were picking up garbage in a highway ditch near Lake Hallie when a pick-up truck left the road and collided with them. Three of the youths and the adult were killed in the collision and one child is still fighting for her life.

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