Wisconsin Passes Tougher Law For Unlicensed Drivers December 27, 2011
Posted by Attorney Jonathan Groth in Drunk Driving, Milwaukee Litigation Attorney, Wisconsin Auto Accidents.add a comment
Wisconsin passes tougher law for unlicensed drivers
A recent bill passed by the Wisconsin legislature and signed into law by Governor Scott Walker will make it much more difficult for unlicensed drivers who cause injuries on the road. Prior to the passage of the new law, if a driver was unlicensed and caused a death on the road, but was not drunk, negligent, or reckless, the most the driver could be charged with was a Class A misdemeanor.
That is what happened last year when Lucia Torres-Bisarraga’s Toyota Corolla collided with the body of a volunteer worker picking up litter on the side of a Wisconsin highway. Torres-Bisarraga did not have a driver’s license at the time of the accident. She was attempting to avoid a car that had pulled out in front of her. She lost control of the wheel and hit 70-year-old Cornelius “Corky” Van Handel. He eventually died from his injuries.
Torres-Bisarraga was sentenced to two years probation and is also required to spend four days per month in jail during the time she is serving her probation. The possible maximum sentence under the old law was 9 months in prison. Under the recently enacted law, the possible sentence jumps to 6 years. The new law makes it a felony to cause a death by vehicle while knowingly driving without a license. The new law also bumps up the punishment for causing serious injury on the road while knowingly driving without a license. That charge will now carry a possible 3 and ½ year prison term.
Everyone, however, is not as excited about the new law as the legislature and the governor. Torres-Bisarraga’s lawyer does not think that the change is a good idea. His problem with the new law is that it has no regard for which driver caused the accident. He is reported as saying, “I could fail to pay some parking tickets, have my license suspended and, through no fault of mine, be looking at a felony… It could be the other person’s fault, 100 percent.”
He believes that the status of a driver’s license should not determine whether one of the drivers should be charged with a felony or misdemeanor. The felony/misdemeanor determination should be based on which one of the drivers caused the accident and whether the accident could have been prevented had the one who caused the accident taken a different course of action.
On the other side of this debate are the legislature and the district attorney who believe the law is what is best for the state which has a compelling interest in protecting its highways. The District Attorney conceded that the new law might amount to putting a bandage on a broken arm, but says that the new law is important because it sends a message to drivers about how serious the state is regarding its license requirements.
The passage of this new law demonstrates the changing legal landscape in Wisconsin. Sometimes a simple car accident may lead to more serious consequences, especially now that Wisconsin is cracking down on unlicensed drivers. As the law continues to change, those who are not familiar with it would be wise to contact someone who is skilled in the area. The attorneys at the Groth Law Firm, S.C. will be happy to advise you on your best course of action should you find yourself in a similar situation.
Source: “Wisconsin targets unlicensed drivers,” by Paul Srubas, published by www.greenbaypressgazette.com.
New Study On Driving Under the Influence July 28, 2011
Posted by Andrew Christman in Drunk Driving, FAQ Personal Injury, Milwaukee Litigation Attorney, Milwaukee Personal Injury Attorney, Personal Injury Law, Wisconsin Auto Accidents.add a comment
On Saturday, USA Today posted this article about new research from the University of California – San Diego, that says even one alcoholic beverage can increase the likelihood of a driver being involved in a serious collision. The study found that drivers with a small amount of alcohol in their system, an amount under the legal limit for driving, had accidents on average that were 36.6% more serious than sober drivers. While it is extremely unlikely that a single drink would cause a person’s blood alcohol level to climb above the legal limit of .08 thus subjecting the driver to possible charges for driving under the influence, a single drink can influence a drivers concentration, and speed of travel. The study showed that drivers that had consumed alcohol were more likely to drive over the speed limit than those drivers who had not consumed alcohol.
Please remember to always drink responsibly and never to drive under the influence. If you have been injured in an automobile accident by a driver under the influence please contact Attorney Jonathan P. Groth at 877-375-7001. Groth Law Firm, S.C. has offices to meet with clients in Wauwatosa, Brookfield, Milwaukee, Green Bay and Marinette.
Drunk Driving a Wheelchair September 17, 2009
Posted by Attorney Jonathan Groth in Drunk Driving.Tags: Drunk Drivers, Drunk Driving, Personal Injury Law
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Doesn’t this story just make my point that taking the keys from a drunk driver probably won’t stop the offender? Jail time or prison takes the multiple drunk driver off the streets…that is really the only to guarantee a drunk driver won’t drive. This guy had 4 prior convictions. Cars or a wheelchair – the guy, for some reason, had to drive.
Civil Justice In Wisconsin April 21, 2009
Posted by Attorney Jonathan Groth in Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: Civil Justice In Wisconsin, jury trial, Personal Injury Law
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I’ll write more about this in coming days but I wanted to link to this “Fact Book” published by The University of Wisconsin Law School.
Below is the “Foreword” from the Fact Book:
Our civil justice system has always been a matter of intense public interest, from television drama to newspaper editorial pages. To some, trial lawyers are the champions of the underprivileged and downtrodden; to others, they are a threat to the state’s business climate. All too often, these impressions are shaped by the attention paid to a single sensational case, severed from the context of the hundreds or thousands of other disputes that people regularly look to our court system to resolve. In the interest of shifting the focus to that broader context, two of our faculty members volunteered to gather the data and provide the commentary that forms this booklet. Their goal was to provide an objective picture of the civil justice system in Wisconsin, focusing on the basic facts about the state’s civil courts and the litigation in them and comparing it with the situation in neighboring states. The authors need little introduction to those familiar with civil litigation and the court system. Marc Galanter is the John and Rylla Bosshard Professor of Law Emeritus, and an internationally recognized expert on trends in civil litigation. Susan Steingass recently retired from her position as the Director of the Law School’s Communication and Advocacy Program. She brings to the project her substantial experience as a former trial judge, state bar president, and litigator with a long career of representing both plaintiffs and defendants in civil litigation. Some readers may well be surprised by some of the statistics that follow. Other readers with a particular stake in the civil justice debate may wonder if this project is an effort to advocate for one position over another. I can assure you that this is neither the project’s intent nor, in my opinion, its effect. Open debate on issues of consequence to our state and nation is one of the hallmarks of our Law School’s educational tradition. This booklet reminds us that collecting the best available information provides a platform for such a debate and leads to the process of finding the best possible solutions to the issues. On behalf of the Law School, I wish to acknowledge and thank the authors and the law students who worked with them for their important contribution to the ongoing discussion of the civil justice system.
Kenneth B. Davis, Jr.
Fred W. & Vi Miller Deanship
University of Wisconsin Law School
You can order the Civil Justice in Wisconsin book at the UW Law School’s website. It is a good read and I’ll have comments in the coming days.
Speed Defeats Right of Way March 24, 2009
Posted by Attorney Jonathan Groth in Drunk Driving, FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: Drunk Driving, Personal Injury Law, wisconsin personal injury, Wisconsin Personal Injury Attorney, wrongful death
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A Marinette, Wisconsin man was driving on U.S. 41 when a car pulled onto the highway. The Marinette man struck this vehicle. The Marinette man survived. Everyone in the other vehicle died.
If this is all you heard you may say that the other vehicle was at fault. Why didn’t they see the Marinette man’s vehicle? They should have yielded the right of way to the vehicle on U.S. 41.
In Wisconsin “speed defeats right of way.” So, if you are speeding on the road and another car pulls out in front of you, guess what? You, the speeder, are at fault.
That is what happened in this case. Plus, I should mention that the Marinette man was intoxicated. An accident reconstruction specialist estimated the Marinette, Wisconsinite was driving between 77 and 81 in a 45 mph zone.
The Marinette man killed the driver of the car, his three daughters (two were pregnant so two kids were killed) and his son.
The Marinette man was allegedly at a bar where his wife worked for 9 hours prior to the crash. He told the police that he was distracted when the collision occurred. He was changing the radio station in his car.
Read the AP’s full story at jsonline.com.
If you have questions about an accident involving a drunk driver or whether someone is “at fault” in Wisconsin feel free to contact me at 800-950-9882. I’d be happy to discuss your situation.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Janesville and Wauwatosa.
Let’s Get to Zero January 7, 2009
Posted by Attorney Jonathan Groth in Drunk Driving, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: car accident, wisconsin personal injury, Wisconsin Personal Injury Attorney, wrongful death
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The State of Wisconsin is running a serious ad blitz on TV and radio. The ads talk about the number of deaths and serious injuries that occur daily because of car accidents. In short the ads talk about cell phones, drinking and not paying attention as bad driving habits that we all can work on. If we can change our habits there won’t be as many injuries and serious car accidents in Wisconsin.
Their website ZeroInWisconsin.gov says:
Some deaths were caused by speeding while others were a result of drunk driving, or not wearing a seat belt. Tragically, these deaths affect many lives and cause great pain to thousands of people throughout the state. Fortunately, you can help change that number.
There is a bunch of statistics on the page too. I think I’ve already talked about the death totals from car accidents before.
In short, this is a good time to assess your driving habits and make a New Year’s Resolution to drive more responsibly. It sounds simple but this is good advice:
By staying within the speed limit, being sober behind the wheel, and buckling up, you can do simple things that can turn more than 500 annual deaths into zero.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Talk to Your Personal Injury Attorney Before You Sign the Retainer November 18, 2008
Posted by Attorney Jonathan Groth in Dog Attack Information, Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: FAQ Personal Injury, hiring a lawyer, Personal Injury Law, Wisconsin Personal Injury Attorney
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The PersonalInjuryLawyerMichiganBlog.com has a good post about talking with your soon-to-be personal injury lawyer. According to this blog here are a few things to watch for:
- Fees. How much is the lawyer going to take of the settlement? It shouldn’t be an excessive amount.
- Honesty. Do you get a sense he is over inflating your potential award settlement or chance of winning to get you as a client? Like the saying goes, if sounds good to be true if probably is. That’s not to say that you don’t have a good case, but an experienced lawyer knows that most companies won’t sit quietly by as you sue them. He or she should let you know honestly what to expect.
- Quality. Does your lawyer answer all your questions so that you understand them or do you feel rushed through? You want to work with someone who is willing to get all the details and to work with you to get what you deserve. You don’t want a lawyer with a thousand clients, giving a half effort because he’s happy if a few of the lawsuits get paid.
Believe me, if you go to your initial meeting with a personal injury attorney with a list of questions and a trusted friend or family member in tow it will be a good/productive meeting. I see it as refreshing not insulting.
Hiring a personal injury attorney is a big decision. Be sure to google search the attorney. Look up their rating, cases and lawyers in the office or office share.
The more information the better.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.
Technology and the Personal Injury Lawyer November 12, 2008
Posted by Attorney Jonathan Groth in Drunk Driving, Personal Injury Law.Tags: Drunk Driving, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I was recently introduced to Lawyers Weekly USA. They wrote an article about investigating social networks in civil cases. If you scroll down this page you’ll see my previous post on this topic.
I’m not surprised that this has become a “hot topic.” I can’t stress enough how important it is for personal injury attorneys (or any litigator for that matter) to be aware of today’s technology. How long does it take type a name in google and yahoo?
Liability disputes in car accident cases and especially drunk driving cases are ripe for social network investigation. If someone is drunk and causes a car accident it is important to know if they had a history of drunk driving. Was that drunk driver aware of the potential harm they could cause by getting behind the wheel while drunk again? Comments on their blog or myspace page are important to discovery before filing a lawsuit. It could mean the differnence between filing a claim for only compensatory damages or adding a claim for punitive damages.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Update On Efficacy of Drunk Driving Laws October 29, 2008
Posted by Attorney Jonathan Groth in Drunk Driving.Tags: Drunk Drivers, drunk driving poll, Wisconsin Personal Injury Attorney
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Mike and Sean commented on my earlier drunk driving post. They asked whether stiff drunk driving laws reduce accidents and injuries. Good question. I did my usual google search and found a study that dates way back to 1987. It was a Purdue University study that found that drunk driving accidents decreased by 20% after stiffer laws were enacted. But, the number of hit and run accidents increased by 8%.
I’ll keep looking for a recent statistic. If you find one please comment!
Thanks for the comments!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Marinette, Milwaukee, Milton and Wauwatosa.
Operating While Under the Influence Poll October 27, 2008
Posted by Attorney Jonathan Groth in Drunk Driving.Tags: Drunk Driver, Drunk Driving, drunk driving poll, Wisconsin Personal Injury Attorney
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WordPress just made polls available on their blogging service. So, let’s put it to good use.
UPDATE: H/T Sean Sweeney. The graphic from the Milwaukee Journal Sentinel states “Number of OWI arrests before it becomes a felony.” I think Sean is right. It should say “Number of OWI convictions.” Good catch Sean!
Thanks for your input!
