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. 

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. 

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

JONATHAN P. GROTH, BROOKFIELD

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.

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.

You won’t see attorney Jon Groth touting his expertise in personal injury lawsuits in television commercials with celebrities standing at his side.

Still, the Milwaukee native’s reputation and knack for litigating intricate cases has brought growth to the law firm he started last year with his wife, Erin.

In nine short months, Groth hired four full-time employees and moved from one basement office to another basement office before settling into his new Bluemound Road location (with windows, he notes) in September.

It’s rare for start-up businesses to see that kind of growth, but perhaps even more rare in the world of personal injury litigation, where revenue comes in the form of contingency fees from settling sometimes lengthy cases.

“You might not get a settlement for two or three years, and all the while we are fronting all the costs for that client,” he said. “The growth plan was to wait until we had some money and then move on, but in the first nine months we have been swamped with new clients and new cases.”

After graduating from Marquette Law School in 2000, Groth developed a talent for handling complicated cases while working for law firms in Milwaukee and Chicago.

“Cases that other attorneys can’t or won’t handle, they refer them over to us,” he said.

Much of Groth’s caseload has come from referrals, but he’s also among the most-reviewed personal injury attorneys in the state on websites.

That has become a recipe for fast success.

“This is where we thought we would be in five years,” he said. “We didn’t expect it to happen this fast at all.”

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.