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What You Should Know About Wisconsin's Graduated Driver Licensing Law
By Attorney Jason Luczak
In the year 2000, the State of Wisconsin enacted the Graduated Driver Licensing (GDL) Law in an effort to reduce the number ofaccidents and deaths among young drivers. According to the Wisconsin Department of Transportation (WisDOT), "Only 6% of all Wisconsin-licensed drivers are ages 16-19, but drivers in this age group account for 16% of all drivers involved in crashes." With that in mind, the GDL imposes strict restrictions on young drivers which lessen as they gain more experience behind the wheel.
According to WisDOT the restrictions imposed on a Wisconsin probationary license holder younger than 18 years of age (for the first nine months of licensure) under the GDL are as follows:
From 5 a.m. to midnight, a probationary driver can drive alone and go anywhere.Any number of immediate family members can ride along as well as the following people:
Understanding Wisconsin's Child Safety Seat Laws
Ask any parent and they will tell you that the safety of their children is paramount to any other job they perform. Keeping a child protected can seem like a daunting task giving the dangers that seem to lurk around every corner. Driving in the car with a child is no exception. Car accidents put young children at great risk of serious injury and even death. According the National Highway Traffic Safety Administration, "Car crashes are the number one killer of children one to 12 years old in the United States." Thankfully there are laws in place to protect young children as passengers in a vehicle. The real question is, "do parents and other care takers really understand the child safety seat laws in Wisconsin?"
As a passenger in car, there are several weight, age and height guidelines for children as outlined by the Wisconsin Department of Transportation (WISDOT) as part of the child safety seat law (http://dot.wisconsin.gov/safety/vehicle/child/laws.htm). Among these requirements are the following:
Texting and Driving in Wisconsin - Is the Person Sending the Text Responsible?
Late in 2010, the State of Wisconsin adopted a law, section 346.89(3)(a), Stats.,which banned texting and driving. The law was designed to stop individuals from composing or sending texts, emails or in any other way creating typed messages via their cell phone while operating a motor vehicle. The law was designed in the hopes of reducing automobile accidents in Wisconsin due to texting. The law does not, however, specifically ban the receipt or reading of a text message or email message. Yet.
With that in mind, a recent civil suit in New Jersey, (Kubert, et.al.v. Best, et. al., 2013 WL 4512313, (N.J. Super.Ct. App. Div. 2013) might make you think twice before sending a text message to a motorist whom you know is actively in the process driving. The case involves an accident in which a young man crossed the center line while texting and struck a husband and wife who were operating an on-coming motorcycle. The husband and wife, who were both severely injured (resulting in each losing a leg), not only brought personal injury claims against the driver of the car, but also against the individual who was texting the driver.
5 Reasons to Hire an Attorney for a Minor Automobile Accident
Ask anyone who has been in a minor fender bender or other car accident and they will tell you that there were many other ways they would have rather spent their day. Even minor accidents can often add up to major headaches given the expense of repairs, injuries, rental cars, time off work and just dealing with other people involved in the incident. While many people choose to handle these frustrations on their own, even small accidents are best left to a professional who can guide you through the process making it a lot less painful. Here are five things you might not have considered regarding the importance of hiring an attorney for a minor accident.
1. They know how to handle the insurance company - While insurance may often cover most of the vehicle damage from your accident, it is important to remember that they are a business that is most concerned with their best interests. A qualified attorney will understand the intricacies of dealing with insurance companies and can often negotiate a better deal.
Three Tips to Consider if you are Involved in a "Miss-and-Run" Accident
Imagine driving down an icy two-lane county highway on a winter night, when suddenly an oncoming car swerves into your lane, headed right toward you. As you find yourself inches away from a head-on collision, you make a snap decision to pull the wheel to the right-rather than into the line of oncoming traffic. While you narrowly avoid contact with the oncoming car, the ice on the shoulder of the road makes it impossible to regain control of your vehicle. Your car flips several times before settling upside-down in the ditch. You are injured and your car is totaled, but the oncoming driver is nowhere to be found.
Fast-forward a month later...between the mounting hospital and medical bills, your totaled vehicle and time off of work, you are struggling to make ends meet. You are confident that having signed up for, and paying premiums on uninsured motorist coverage, all of your expenses will be covered. After all, this type of situation is the reason why you have insurance...but will your insurance cover you? The answer: MAYBE. In most cases, you will have coverage only if, in your altered state of mind, you had the forethought to forget about your injuries, lost vehicle, childcare and missed work, and take a number of arbitrary steps.
10 Considerations If You Are In An Accident
With the onset of warmer weather, people are taking to the roads more frequently for vacations, errands or just a casual Sunday drive. This increase in driving habits can also increase your risk for accidents ranging from minor fender benders to serious collisions. With this in mind, we have compiled a list of ten considerations to keep in mind if you find yourself in an accident situation.
1. Ensure that everyone is okay - Your first concern should always be the health and well being of all individuals involved in the accident. Things can be replaced, but people cannot.
2. Get medical attention for those in need if necessary - Once you are able to ascertain everyone's medical condition, do not hesitate to take care of those who need help before you worry about property damage. Remember that in some accident situations, minutes can make the difference in the final outcome.
Identifying Unforeseen Car Accident Costs
Car accidents occur unexpectedly and even with insurance, property damage and personal injury costs can cause strain on any financial situation. One of the goals of a personal injury attorney is to help alleviate this burden. According to the Wisconsin Department of Transportation, an average of over 100,000 car accidents occur each year with tens of thousands of people suffering from injuries. Unfortunately, a car accident can be a painful experience not just physically, but financially as well.
Costs begin as soon as a car accident victim requires emergency room treatment. A reported stated last year that, on average, an emergency room visit costs 40 percent more than a month’s rent. Additional medical costs vary based on the severity of the injury and treatment prescribed. Costs you can recover in a personal injury action or claim can include:
Responding to a Hit and Run Accident
Car accidents are a stressful experience that no one wants to be involved in. However, to ensure that everyone is as safe as possible, the law requires people involved in a car accident to remain on the scene and render aid if possible. Unfortunately, not everyone follows this requirement. This can lead to hit and run accidents. These are accidents where one of the drivers flees the scene, leaving the other driver to deal with the aftermath alone.
A report by the National Highway Traffic Safety Administration reveals that these types of accidents result in over a thousand deaths each year. Fortunately, there are steps that victims of a hit and run accident can take in order to recover for their injuries. Many of these steps involve attempting to track down the driver through witnesses and security camera footage, but even if they cannot be found, there may be other options, such as using the police or the victim's insurance company.
Wisconsin Crash Reports Now Available Online
Traffic accidents are, at their worst, serious events with life altering consequences, but even less severe accidents can be frustrating experiences. Dealing with the courts, the insurance companies, the police, and the body shop can quickly eat up large parts of a day. Fortunately, a new program developed by the Wisconsin Department of Transportation (DOT) can make the administrative details of a traffic accident a little easier. The Department has released a new web program that allows people involved in traffic accidents to order their crash reports on a computer or through the use of a smartphone.
Accessing a Crash Report
The new system is already active and running on the DOT's website, as well as through the Department of Motor Vehicles. Accident victims can search the web system using one of three details: They can use their DOT document form number; the DOT accident number; or a combination of the accident date and the driver's license number of one of the parties involved in the crash.
Proper Documents Needed for Auto Accident Claim in Wisconsin
The Wisconsin Department of Transportation reported 109,385 total crashes and 39,369 injuries in its last crash report in 2012. Car accidents occur unexpectedly and even if there are no injuries involved, an accident can still prove to be painful due to unforeseen costs, hassle, and stress.
There are several details that go into filing an auto accident claim, which include requesting reports, gathering information from medical providers, and ensuring that all of documents are received and recorded in a timely manner. Wisconsin maintains a statute of limitations on recovering personal injury damages that cannot exceed three years from the date of the accident.
