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.
Milwaukee Fire and Police Commission Investigate Hit-and-Run Detectives December 22, 2011
Posted by Attorney Jonathan Groth in Milwaukee Litigation Attorney, Milwaukee Personal Injury Attorney, Personal Injury Law, Wisconsin Auto Accidents.add a comment
Milwaukee Fire and Police Commission Investigate Hit-and-Run Detectives
The Journal Sentinel recently reported on the story of Nikki Harris-Brown’s fight to get the officers who investigated the hit-and-run against her disciplined for their failure to properly investigate her case. Back in 2010, Brown and her fiancé got into a verbal altercation with another patron at a bar. When the confrontation spilled into the parking lot, the patron became irate and took his frustration out on Brown. He got into his Ford Expedition, drove onto the sidewalk, and struck Brown. He then proceeded to back up over her, run over her again, and drag her nearly 40 feet under his Expedition until she was finally let loose from the underside of the massive SUV.
Brown believes that the detectives assigned to her case did not thoroughly investigate the accident and did not actively pursue the assailant. Brown spent two days in intensive care and then was transferred to a standard hospital room. During that time, she did not hear from the investigating officers and no one came to the hospital to take pictures of her injuries.
After Brown was released from the hospital, she began her own investigation. She called the police department attempting to get a copy of the incident report that should have been filed on the same day as the hit-and-run, but was told that one had never been filed. She talked to people from the bar where the hit-and-run occurred and found out the suspect’s name. She looked him up in court records and found that he was on probation for dealing cocaine at the time of the hit-and-run. Brown called the police and tried to give them his name, address, and birth date, but no one returned her call until she called her local alderman and the District Attorney’s office. Finally the police called back and took down the information she had for them. The suspect denied being in the area and offered to allow the investigating officer to inspect his car. The officer thought his supervisor would not approve the overtime so decided to put off the car inspection until the next day. When he finally got around to the inspection, both the suspect and the car had disappeared.
It was not until Brown called the suspect’s probation officer that he was arrested and charged with the hit and run. Brown then filed a complaint against the investigating officers with the Milwaukee Fire and Police Commission. She claimed that the officers did not follow department policy because they did not fully investigate the hit and run. The Commission’s investigator concluded that the officers indeed did not fully investigate. The suspect was charged and pled no contest. He was convicted and will be sentenced in January.
The Commission is expected to meet again and determine whether the officers violated department policy. If they have, then the Commission will meet to determine the officers’ punishment. If the Commission finds that the police acted within department policy, the officers will be cleared. Brown is then entitled to file a law suit against the officers in civil court.
This case shows that even those who are charged with protecting us can do harm. While the police were not the ones who caused Brown’s injuries, they exacerbated them by failing to properly investigate her case.
While the investigating officers were slacking on their duties, Brown, with severe injuries, was trying to find the man who callously ran her over in the middle of a parking lot. She may have to continue this fight in the courts and if she does, she should retain the services of a skilled Wisconsin personal injury attorney. If you or someone you know has been injured and needs the advice of an experienced Milwaukee personal injury attorney please do not hesitate to contact the Groth Law Firm at 1-877-375-7001 for a free consultation.
Source: “Injured hit-and-run pedestrian finds assailant, wants officers disciplined,” by Gitte Lasby, published by www.jsonline.com.
Congratulations Wisconsin Super Lawyers and Rising Stars November 15, 2011
Posted by Attorney Jonathan Groth in Milwaukee Litigation Attorney, Milwaukee Personal Injury Attorney, Wisconsin Auto Accidents.1 comment so far
A special congratulations to all of Wisconsin’s Super Lawyers and Rising Stars. The Groth Law Firm is privileged to have two Wisconsin Rising Stars. Attorney Jonathan Groth and Attorney Jacqueline Chada Nuckels were once again named to the list of the top Personal Injury Attorneys in Wisconsin.
How are attorneys chosen? Wisconsin lawyers are asked to nominate the best attorneys who are under 40 or who have been practicing for 10 years or less. Only the top 2.5% of the lawyers in the state are chosen and named to the Rising Stars list.
Congrats to everyone:
Matthew Allen, Platteville
Jeffrey Berzowski, Neenah
Jesse Blocher, Waukesha
Byron Conway, Green Bay
Robert Crivello, Brookfield
Brandon Derry, Madison
Brett Eckstein, Brookfield,
Allan Foeckler, Brookfield,
Michael Gibbs, Fond du Lac
Eric Haag, Middleton
Ryan Hetzel, West Bend
Paul Jacquart, Milwaukee
Eric Knobloch, Milwaukee
Jason Knutson, Madison
Chad Kreblin, Milwaukee
JACQUELINE CHADA NUCKELS, BROOKFIELD
Jason Oldenburg, Milwaukee
Andrew Parrish, Madison
Nicholas Petty, Milwaukee
Gregory Pitts, Racine
Jacob Reis, Appleton
Jason Richard, Milwaukee
Amy Risseeuw, Appleton
Randall Rozek, Milwaukee
Eric Ryberg, Madison
Erich Scherr, Milwaukee
Jacob Schrinsky, Milwaukee
Christopher Strohbehn, Milwaukee
Erin Strohbehn, Milwaukee
Jason Studinski, Stevens Point
Brendy Sunby, Wausau
Lance Trollop, Wausau
Benjamin Wagner, Milwaukee
Robert Welcenbach, Milwaukee
Geoffrey Wilber, Milwaukee
Peter Young, Rhinelander
We are proud to be included with such well respected and knowledgeable attorneys. Thanks to everyone who put their trust in us over the years. It is really something special that our attorneys are chosen by their peers as the top 2.5% of personal injury attorneys in Wisconsin.
The Snow is Coming!!! Winter Driving Survival Kit November 7, 2011
Posted by Andrew Christman in Milwaukee Personal Injury Attorney, Personal Injury Law, Wisconsin Auto Accidents.add a comment
Winter driving can be tricky, especially in Wisconsin. Make sure to drive more slowly and leave more room between cars when driving in the winter to reduce the risk that you will be in an accident. Some winter driving emergencies are unavoidable. If you are in an emergency situation, it is important that you are prepared. The Wisconsin Department of Transportation has created instructions for how you can make a winter driving survival kit to help keep you safe.
You easily can equip your vehicle with essential survival gear for winter. Here’s what you’ll need:
- A 2 or 3 pound metal coffee can (punch 3 holes at the top of can, equal distance apart). You’ll be storing the other items inside the can.
- 60-inch length of twine or heavy string (cut into 3 equal pieces – used to suspend can).
- 3 large safety pins (tie string to safety pins and pin to car roof interior to suspend can over candle).
- 1 candle 2″ diameter (place on lid under suspended can for melting snow).
- 1 pocket knife, reasonably sharp (or substitute with scissors).
- 3 pieces of bright cloth 2″ wide x 36″ long (tie to antenna or door handle).
- Several packets of soup, hot chocolate, tea, bouillon cubes, etc. (mixed into melted snow to provide warmth and nutrition).
- Plastic spoon.
- 1 small package of peanuts and/or a couple protein/energy bars, some dried fruit (such as dried cranberries, which come in nicely sealed snack packs), and even a little chocolate, to provide you with some energy or comfort in stressful times.
- 1 pair of socks and 1 pair of gloves or glove liners, depending on what will fit in the can (cotton is not recommended because it provides no insulation when wet).
- 2 packages of book matches.
- 1 sun shield blanket or 2 large green or black plastic leaf bags (to reflect body heat).
- 1 pen light and batteries (keep separate).
When complete, place stocking cap over kit and carry in passenger compartment of car. If you have a 3 pound can, you will still have additional room for band-aids, aspirin, small radio, etc. If there is still room left, increase the quantity of any of the above items or improvise items you feel might be necessary.
Other items you may want to keep in the vehicle:
- A charged cell phone.
- Large plastic garbage bag.
- Pencil stub and paper.
- Plastic whistle.
You may want to keep the survival kit in the passenger compartment in case you go into a ditch and can’t get to or open the trunk.
Thanks to the Wisconsin Department of Transportation for this useful information.
Modification to the Direct Action Law in Wisconsin October 25, 2011
Posted by Andrew Christman in FAQ Personal Injury, Milwaukee Litigation Attorney, Milwaukee Personal Injury Attorney, Personal Injury Law, Wisconsin Auto Accidents.add a comment
In May of last year I wrote a blog post about the direct action statute in Wisconsin. This is the law that allows an injured party to sue the insurance company of the at fault party directly. The Supreme Court has recently modified this law in its decision in Casper v. American International South Insurance. There was previously case law in Wisconsin that said in order for the direct action statute to apply, the insurance policy must have been delivered or issued in Wisconsin. In the Casper case, the Wisconsin Supreme Court unanimously overturned this case law now stating that for direct action to apply the subject injury need only take place in Wisconsin. In Casper, an automobile accident, the at fault driver was operating a truck as part of his job duties. The insurance policy covering the employer was issued out of state. More information about the case can be found at the State Bar of Wisconsin website.
Feel free to contact Groth Law Firm, S.C. if you have any questions or would like to discuss your need for a personal injury attorney. Groth Law Firm, S.C. has offices to meet with clients in Brookfield, Milwaukee, Green Bay and Marinette.
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.
Attorney Jackie Chada Nuckels Joins Groth Law Firm, S.C. March 7, 2011
Posted by Attorney Jonathan Groth in Milwaukee Personal Injury Attorney, Personal Groth, Personal Injury Law, Wisconsin Auto Accidents.add a comment
Personal Injury Attorney Jackie Chada Nuckels
Everyone at Groth Law Firm, S.C. is excited to announce the addition of Attorney Jacqueline Chada Nuckels to the litigation team. Attorney Nuckels brings experience from the defense and plaintiff’s bar to Groth Law Firm, S.C. Attorney Groth commented, “We are lucky to have her. Attorney Nuckels brings a wealth of experience on complex briefing issues and, most importantly, knows how to try a case before a jury.”
Attorney Jackie Nuckels’ bio illustrates that this award winning lawyer is a credit to the profession and a fantastic advocate for her clients:
Jackie was born in Greendale, Wisconsin. She attended Greendale public schools, before heading to DePere, Wisconsin to attend St. Norbert College. While in college, Jackie was an active member of various community service groups and student government. It was during a service trip to Washington, DC that Jackie decided to pursue a career in law to advocate on behalf of those without a voice.
Following her graduation from St. Norbert, cum laude, Jackie attended Marquette University Law School, where she was again involved in volunteer organizations and student government. While in law school, Jackie gained invaluable experience as an intern to the late Honorable Ted E. Wedemeyer of the Wisconsin Court of Appeals and the Legal Aid Society of Milwaukee. Throughout her law school career, Jackie also maintained employment as a law clerk at a successful Brookfield law firm. Jackie graduated from Marquette University Law School with her Juris Doctor.
Attorney Jackie Nuckels is a member of the Wisconsin State Bar, Wisconsin Association for Justice, American Association for Justice, National Association of Women Lawyers, Association for Women Lawyers and the Milwaukee Young Lawyers Association. Jackie is also a member of the Brain Injury Association of Wisconsin and proud supporter of the American Cancer Society.
In 2008, Attorney Nuckels was named in Cambridge Who’s Who Among Executives, Professionals and Entrepreneurs. She has also been a speaker at the Wisconsin Association for Justice Tort & Technique Update Seminar and the Professional Association of Wisconsin Licensed Investigators.
Jackie currently lives in Oconomowoc, Wisconsin, with her husband, daughter, and dog. Jackie enjoys golfing, gardening, and spending time with family and friends.
New Review/Testimonial for Groth Law Firm, S.C. March 4, 2011
Posted by Attorney Jonathan Groth in Milwaukee Personal Injury Attorney, Personal Injury Law, Wisconsin Auto Accidents.add a comment
I’m honored to have represented such good people. It’s humbling to hear what former clients say about our staff and firm.
Just yesterday a former client testimonial was posted on Avvo.com:
Jon Groth was very efficient on expediting my case. Face with several challenges, having to track all medical bills, out of pocket expenses, get a rental vehicle arranged, along w/Insurance Company changing case agents several times. Jon Groth was able to settle my personal injury case out of court for a fair amount.
This case also involved personal property claim due to high value of my vehicle. After my vehicle was repaired Jon Groth was able to litigate for a diminished value of my vehicle. Due to Car Fax for that vehicle will always show the amount of damage. Jon Groth was able to settle this personal property claim for a fair amount, at no charge.
Thru working with Jon Groth over a year and half I learned that not only is he very driven person. He very versed in law , he also has a very large support network in the law community. I was referred to Jon Groth by a coworker and truly am thankful. I will now do the same if I know anyone who needs a personal injury lawyer or legal advice of any type.
Social Networks Impact on E-Discovery February 24, 2011
Posted by Attorney Jonathan Groth in Milwaukee Personal Injury Attorney, Personal Injury Law, Wisconsin Auto Accidents.add a comment
I don’t have much to add to this article by Judge Sankovitz, Professor Grenig and William Gleisner. When it comes to discovery issues they are certainly the experts in the field. I recommend you read this article if you do any sort of litigation in Wisconsin.
In fact, social networking has so permeated the culture that competent lawyers cannot afford to ignore its customs and the trove of discoverable information to be found where it takes place. Just as lawyers last century needed to master the intricacies of email, so too this century with social networking. As one commentator puts it: “It should now be a matter of professional competence for attorneys to take the time to investigate social networking sites. You must pan for gold where the vein lies – and today, the mother lode is often online.”
Wisconsin Winter Weather Warning January 5, 2011
Posted by Andrew Christman in FAQ Personal Injury, Milwaukee Personal Injury Attorney, Personal Injury Law, Wisconsin Auto Accidents.add a comment
As the winter season really gets into full gear, it is important to take extra care to ensure safe travels. Unfortunately, not all accidents can be avoided by careful driving. Stories like this one are all too common during the harsh Wisconsin winter.
More than 50 vehicles crashed overnight on I-94 in Waukesha County as light snow was falling in the area.
Dispatchers reported 21 vehicles in ditches and another 27 vehicles with property damage between about 8 p.m. and 10:15 p.m. The wrecks happened on both directions of the interstate near Highway F.
Another nine wrecks involved injuries, though there were no fatalities, according to the dispatchers.
If you have been injured in an automobile accident in the Milwaukee area or any other area in Wisconsin and are in need of a personal injury attorney, contact Groth Law Firm S.C. Groth Law Firm, S.C. has offices to meet with clients in Wauwatosa, Brookfield, Milwaukee, Green Bay and Marinette.
