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Oshkosh Personal Injury And Criminal Defense Blog

What are some common causes of motorcycle crashes?

Motorcycling is a favorite mode of travel for many in Wisconsin, the state that is home to the Harley-Davidson Motor Company. However, motorcycling presents risks that traveling in a standard automobile does not. Specifically, motorcyclists are basically left out in the open. There are no seat belts, no air bags and no crumple zones to protect them in the event of a collision. Moreover, the sheer size disparity between a motorcycle and standard automobile generally means the motorcyclist will be on the losing end of the crash. Therefore, it is important to understand what some common causes of motorcycle accidents are.

Sometimes, a motorist simply fails to notice a motorcyclist before crashing into it. This is especially true at intersections. FindLaw reports that 70 percent of motorcycle crashes take place in intersections. Motorists may make an illegal left-hand turn in front of a motorcyclist, fail to check their blind spots before changing lanes or may fail to yield to the motorcyclist's right of way. Any of these situations could lead to a motorcycle accident.

Summer may mean more fatal accidents involving teens, study says

Obtaining a driver's license is a right of passage for many teenagers in Oshkosh. However, a teen's inexperience behind the wheel could lead to a car crash that injures or even kills other individuals. Teens also might not appreciate the dangers that speeding, distracted driving or drunk driving present. In fact, a AAA study has reviewed that teens have a higher rate of potentially deadly crashes in the summertime.

Some people refer to the weeks between Memorial Day and Labor Day as the "100 deadliest days," because this period sees an increased amount of deadly crashes involving teenage motorists. According to a AAA study, speeding, distracted driving and drunk driving were the top three factors in fatal collisions involving teenage drivers during this time.

Can you refuse to submit to a breath test in Wisconsin?

No motorist in Wisconsin wants to be pulled over by the police. It can be a very stressful situation, especially if the officer accuses the motorist of drunk driving and requests that the motorist undergo a breath test. People in such situations may wonder if they can refuse to submit to a breath test if asked to by an officer. They can, but breath test refusal has consequences.

In Wisconsin, as part of the privilege of driving in the state, motorists implicitly agree to provide a breath test when asked to by a law enforcement officer at a traffic stop to determine the motorist's blood alcohol concentration. If a person refuses to submit to a breath test, they will face a one-year suspension of their driver's license for a first refusal. If it is a second or subsequent refusal, the motorist will face a two or three-year suspension of their driver's license.

Reducing your risk of injury as you walk around Oshkosh

Longer days and warmer temperatures may be just what the doctor ordered. Even though temperatures aren't quite up to summer level yet, you take the opportunity to get outside and walk around. The fresh air and beautiful skies make you smile.

However, you need to temper your excitement with caution. Mixing pedestrians with motor vehicles can be a toxic combination, especially for you. You don't have the protection of being inside a passenger compartment with the latest safety measures, such as airbags. If a vehicle strikes you, you will undoubtedly suffer significant injuries.

Drowsy driving can lead to trucking accidents

Most people in Wisconsin take pride in a hard day's work, and truck drivers are no exception. Moreover, they may have a financial incentive to make as many deliveries as possible as quickly as possible. This could lead them to try to spend as many hours on the road as they can, even if doing so is dangerous.

Spending too much time on the road can lead to driver fatigue. When a trucker drives while fatigued, he or she risks causing a trucking accident. In fact, one study reports that 13 percent of commercial motor vehicle drivers were drowsy when the collision occurred. And, while federal regulations limit how long a trucker can be on the road before being required to take a rest break, too many truckers still engage in drowsy driving.

Do not wait too long to file a wrongful death claim in Wisconsin

When the death of a loved one is due to someone else's negligence, the victim's survivors may wish to hold the responsible party accountable. For this reason, they may be interested in pursuing a wrongful death claim. Through a wrongful death claim, the victim's survivors can seek compensation for medical and funeral expenses, loss of income, loss of companionship and other damages they suffered due to their loved one's death.

However, it is important to note that individuals only have a certain amount of time to file a wrongful death claim in Wisconsin. This is known as the "statute of limitations." Once the statute of limitations is up, a lawsuit can no longer be filed based on the facts of that case.

Is last year's motorcycle injury still bothering you?

Spring is officially here on the calendar, but it's not motorcycle season quite yet in Wisconsin. However, some may be still carrying around the ramifications of last year's motorcycle accident injury. What you may have initially thought was nothing, may still be lingering in terms of injury and an inability to live your normal life. It's not too late to take action if you were the victim in a motorcycle accident.

This spring may look completely different compared to last spring if you were involved in a motorcycle accident last summer. Maybe you thought a few cuts and bruises were no big deal, but have been dealing with chronic back pain since the incident. Maybe a simple fender bender caused you to have chronic headaches after the fact. Whatever the situation, you have the right to seek damages after suffering motorcycle accident injury.

The aftermath of the 131 vehicle pile-up on Interstate 41

Spring is officially here, and Wisconsin residents couldn't be gladder. However, don't let the calendar deceive you. In our neck of the woods, sudden winter storms can hit - even in spring. The most recent blizzard left 131 vehicles piled up on Interstate 41, near Oshkosh. Sadly, one man was killed in the wreck, with several dozen others injured.

Those involved in the car crash report being in several collisions in the span of several minutes while the accidents unfolded. It's been called the largest traffic crash in state history. Determining the sequence of events will take time, but weather was a huge factor. White out, blizzard like conditions turned visibility to nothing, leaving people with no time to foresee the stopped vehicles in front of them.

Did a passing driver cause an accident that led to your injury?

You may understandably have fears about dangerous and reckless drivers on Wisconsin roads. Many people have these fears because far too many accidents take place every day, and those incidents often lead to serious or even fatal injuries to individuals involved.

You certainly do not want to find yourself in such an event, but you also cannot control the actions of other people. Unfortunately, some drivers may have a disregard for safety, the law and the well-being of themselves and others while they are behind the wheel. In some cases, these careless drivers may even pass or attempt to pass another vehicle when it is illegal or dangerous to do so.

How multiple OWI offenses are viewed by the court

Whether the allegations you or a loved one face for OWI are days apart or decades apart, being accused of OWI more than once changes the process. This is because, if your OWI is tried, a second-time offender is viewed differently for lots of crime allegations, including OWI. Factors related the first OWI offense and the circumstances surrounding the second could have a big impact as well.

Mostly, in how serious the allegations are that one will face. If a person was convicted one or more OWIs previously if convicted again, the person will likely face stiffer penalties. Most notable is the potential for jail time, large fines, license revocation and other potential penalties if convicted. Under Wisconsin state law, if the OWIs were less than 10 years apart, included other's bodily harm and other factors, it can up the potential for consequences. Also, once a person passes their third OWI offense, the legal limit for that particular OWI offender changes from .08 to .02 for the sobriety threshold.

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