Appleton Area Law Blog

Which age group texts and drives the most?

On behalf of Peterson, Berk & Cross, S.C. posted in Car Accidents on Friday, October 11, 2019.

It is undeniable that Wisconsin has suffered from a distracted driving problem in recent years. In particular, texting while driving has become a huge issue not only in the state, but across the entire country. Today, we will take a closer look at some of the numbers behind texting and driving incidents.

According to Cosmos Magazine, one study has found that Millennials are the generation most likely to text and drive. This includes anyone born between the early 1980s and mid-1990s. Other studies have shown that Gen Z – or those born between the mid-1990s and early 2000s – are the ones who are more likely to engage in this behavior.

Field sobriety tests and your rights

On behalf of Peterson, Berk & Cross, S.C. posted in criminal defense on Sunday, September 22, 2019.

If you are like a lot of people in Wisconsin, you might feel quite afraid about your future after being arrested for and charged with a drunk driving offense. The penalties for these types of charges can be severe and have a long-term impact on your life. However, it is important for you to know that you have the right to defend yourself and one fact to know is that the tests used during your arrest process are not always accurate.

As explained by FieldSobrietyTests.org, there are a wide range of things that could result in you being unable to pass one or more of the field tests you were asked to participate in. A lot of the factors are likely to be out of your control. For example, if you have anxiety or some other mental health condition, you may not be able to properly balance yourself on one leg or walk perfectly along an imaginary line.

Daughter fights for her alleged inheritance

On behalf of Peterson, Berk & Cross, S.C. posted in Estate Planning on Sunday, September 8, 2019.

The importance of clear verbiage in a will or a trust cannot be overstated to residents in Wisconsin. Even the slightest opportunity for interpretation may provide fuel for a person's estate plan to be contested by heirs or potential heirs. An example of this can be seen in the case of a woman in New York who is currently embroiled in a battle to receive what she asserts should be her inheritance based on the relationship her mother had with another woman.

The plaintiff's mother was involved in an 18-year relationship with another woman that ended in 2016 when both of the women died. The plaintiff's mother died 12 days after her partner. The partner had created a will roughly three months before her death, which was due to a battle with cancer. The New York Daily News indicates that the partner included a provision in her will for specific items to be given to the plaintiff's mother so long as that woman lived at least 30 days after the partner died.

Boating Under the Influence in Wisconsin: The facts

On behalf of Peterson, Berk & Cross, S.C. on Friday, September 6, 2019.

In late summer of 2017, a 53-year-old man from suburban Milwaukee was boating on Lake Nagawicka. Without slowing down, he steered his white deck boat into the side of a pontoon. A 61-year-old woman was ejected from the pontoon, “and died from drowning and blunt force trauma.”

The driver of the white deck boat, a successful man with no criminal record, later admitted to police that he’d been “super drunk” at the time of the accident. He was charged with “homicide by intoxicated use of a vehicle,” and is currently serving six years in prison.

Do not ignore symptoms after a crash

On behalf of Peterson, Berk & Cross, S.C. posted in Car Accidents on Wednesday, September 4, 2019.

Victims of car accidents in Wisconsin have a lot to deal with after a collision. They need to call the police, exchange information with the other driver, deal with property damage and possibly miss work. For those who have minor aches and pains, it may be easy to ignore them and avoid a trip to the emergency room or physician. However, injuries due to vehicular accidents can be serious, and unresolved symptoms can result in chronic pain and issues.

According to Healthline, one common injury is whiplash, and this occurs most frequently after a rear-end collision. Some of the typical symptoms include:

Headaches
Neck pain, especially with movement
Neck and shoulder stiffness
Tingling in hands and arms
Dizziness
Blurred vision

Woman sues doctor after grand mal seizure

On behalf of Peterson, Berk & Cross, S.C. posted in Medical Malpractice on Tuesday, August 13, 2019.

People in Wisconsin should be able to know and trust that their medical providers will take the time to explain things well. Having a clear understanding of a particular diagnosis or treatment recommendation can go a long way toward helping patients feel that they are making the best choices for their health and their situation. It can also give them a sense of security that a physician has their best interests in mind. Unfortunately, some doctors fail to give important information to patients and this may put them at risk of experiencing serious problems.

An example of this can be seen in the case of a woman who sought care from a doctor at the University of Wisconsin for a period of two years lasting from 2014 to 2016. The woman was epileptic and was taking medication to control her seizures. At one point, the doctor recommended that she lower the dose of her anti-seizure medication. In a report by The Badger Herald, it is indicated that the doctor never told the woman that reducing the medication dose could put her at risk of a serious seizure.

Driver errors and serious crashes

On behalf of Peterson, Berk & Cross, S.C. posted in Car Accidents on Tuesday, July 30, 2019.

As residents in Wisconsin watch the continued development of autonomous vehicles, they may or may not yet be convinced that it is safe to ride in one of these vehicles. However, many people are highlighting the dangers associated with riding in vehicles operated by human drivers. These people actually have statistics to back up their concerns.

A report published by Auto World News shows that out of all vehicular injuries deemed to be serious, nine out of 10 were the result of errors made by human drivers. That is a staggering number and should give people a reason to pause. It should also give more evidence as to why automobile manufacturers should push to include more safety features in new cars, trucks and other passenger vehicles.

IIDs and Wisconsin laws

On behalf of Peterson, Berk & Cross, S.C. posted in criminal defense on Monday, July 29, 2019.

It is easier than many people might think to be charged with a drunk driving offense in Wisconsin. Alcohol is commonly served at social events and it is still acceptable to have a casual drink or two and then drive home. Depending on a person's size, gender, food consumption and more, a blood alcohol level of 0.08% is not difficult to reach. If you have been arrested for and charged with an operating while intoxicated offense, you will want to know about the state's law regarding the use of ignition interlock devices.

IIDs are intended to prevent a person from driving under the influence by requiring a breath test be passed before a vehicle's ignition can be started. According to the Wisconsin Department of Transportation, you might be required to install an IID even after a first OWI offense if your BAC was over 0.14%. You may be required to use an IID for a second offense regardless of your BAC level.

What are the most common ATV accident injuries?

On behalf of Peterson, Berk & Cross, S.C. on Sunday, July 28, 2019.

People love living in Wisconsin during the summer because of all the outdoor adventures and activities they can enjoy. Now is peak ATV-riding season with many people escaping to their lake cabins or spending their vacation time exploring one of the many scenic and thrilling Wisconsin ATV trails.

However, if you are a responsible rider, you know that while ATVs are simple to operate, you still can end up in a serious accident. Without following simple precautions, you can suffer a serious injury in an ATV crash. In fact, riders are injured each year while on an ATV.

New marriage, new estate plan

On behalf of Peterson, Berk & Cross, S.C. posted in Estate Planning on Saturday, July 27, 2019.

With divorce and remarriage far from usual these days, estate planning can bring up some issues that are not present for people in nuclear families with only one marriage for both spouses. Wisconsin residents who are planning to get married for the second time should make estate planning as much of a priority as wedding planning. This is especially important if one or both partners has children from their prior marriages.

As explained by Forbes, if one spouse in a second marriage leaves all assets to their new spouse after they die, the children of the spouse first to die may never inherent anything. This can happen despite the true wishes of their parent. An inheriting spouse is not obligated to pass on assets or heirlooms to their stepchildren unless a person's estate plan explicitly indicates this should happen.