Boating Accidents in Milwaukee – The problem with summer fun on the lake

As anyone who has ever lived in Milwaukee knows, the summer season is one of the best times to live in this city. The weather in Milwaukee and across Wisconsin is beautiful in the summer months, and it is nearly impossible to resist heading out to one of our many lakes for some fun. The problem with this common pastime is the frequency of accidents caused by intoxicated boaters on our lakes, a statistic that rises dramatically each summer.

Just this week, according to an NBC TMJ-4 Milwaukee report, a two-boat collision on Friday night on Nagawicka Lake in Delafield killed a 61-year old woman, and authorities arrested a 53-year old man under suspicion of driving his boat under the influence of alcohol.

The senselessness of such tragic accidents is inescapable and highlights a larger problem in society as a whole. While most people readily understand the dangers of driving their cars, trucks, or motorcycles under the influence, there seems to be a certain disconnect when it comes to operating a boat or jet ski while drinking. Whether it is a social norm, lack of public awareness, or a blatant disregard for common sense, there are far too many accidents involving drunken boaters each year in Milwaukee.

It is easy to believe that these accidents can happen though, as anyone who has been out on the lake recently will tell you. One look around on a busy weekend will show people openly consuming alcoholic beverages on their boats without guilt or secrecy, even if they are the “designated captain”. Whether they are fishing, waterskiing, or just enjoying a leisurely trip around the lake, people seem to believe that consuming alcohol and operating a boat is perfectly safe.

What many people do not know is that boating while intoxicated (BWI) is prohibited according to Wisconsin law. Because alcohol is a major contributor to injuries and deaths on state waterways, the authorities have the right to test suspected intoxicated individuals for drugs or alcohol if they operate or attempt to operate a vessel. Much like the similar laws on land, a person is considered to be intoxicated if they have a blood or breath alcohol concentration of .08% or higher or if they are found to be under the influence of other drugs, according to Boat-Ed Wisconsin.

If an individual is found to be guilty of boating while intoxicated, their boat may be impounded, they may face serious fines, and there is even the possibility of jail time. In addition, if they hurt or kill another person while operating a vessel while under the influence, they may face civil action from the individual or the family of the other party involved. These civil actions can be a personal injury lawsuit, or a wrongful death lawsuit, which often seek compensation for pain, suffering, lost wages, medical bills, physical therapy, and other damages. There are established personal injury law firms in Milwaukee that can help the families of those who have been hurt or killed in a boating accident.

How to Defend a Marijuana Possession Charge

Marijuana is one of the most highly coveted drugs, either for recreation or medical use. However, this doesn’t change the fact that it is illegal, and the consequences of marijuana possession can vary from state to state.

According to the website of the Bruno Law Offices, marijuana possession is taken very seriously, especially in the state of Illinois. In here, anyone found with less than 2.5 grams of marijuana will be charged with a Class C Misdemeanor and more than 5,000 grams with Class 1 Felony.

Because of how controversial drug possession is and its severe penalties, it can truly be a life-changing experience to be convicted. But it is important to point out that there are viable defenses against drug possession charges, such as the following.

The Realness of the Drug

The charge is called drug possession, so you can generally attack it two ways – either focus on the “drug” part or the “possession” part. In the drug part, you can question the realness of the drug. It should undergo procedures that can prove its legitimacy, such as lab tests.

They will never know whether the thing you possess is just a pile of leaves or legitimate marijuana until they do these procedures. You can also question the validity of these procedures, like when the testers have utilized improper techniques that may make the test results doubtful.

The Real Owner of the Drug

Like many charges, a good defense against drug possession is saying that it isn’t yours, attacking the “possession” part of the charge. This can be a particularly strong defense, especially if the marijuana has been found in an area where ownership can be doubtful.

For example, if a search has been made in a car where you and your friends are currently in and the officers have found the drug, they can never be sure about who truly owns it.

The Validity of Search and Seizure

Speaking of search and seizure, it is important to say that it should be lawful and with consent. If it is not in accordance to the law, all evidence that is found during this particular time may be invalid. This may even be true for legitimate drugs and distinguished ownership of them.

The Importance of Workers’ Compensation to Businesses

Employers are legally obligated to ensure the safety of their workplace, whether that workplace is inherently dangerous, like construction sites, or not, like offices. But workplace accidents do happen. Employees can sustain an injury or acquire a terrible illness, making them less efficient, and worse, they may even lose time at work.

Workers’ compensation exists so these employees can get financial help. According to the website of Scudder & Hedrick, PLLC, filing for a workers’ compensation claim can be a long process. But this may be necessary so employees can get their employers to pay their hospital bills, lost wages after missing time at work, and rehabilitation.

This may look like extra costs for employers, but it cannot be denied that having a workers’ compensation policy is very important. It is required by law, but different jurisdictions have different guidelines about the insurance. There may be jurisdictions that require businesses to have at least three or four employees to be eligible for workers’ compensation, and there may be jurisdictions that require only one.

Looking at it in the most direct way make you realize that it is extra cost, but when you consider it deeper, the extra cost is worth it. Having a good workers’ compensation can attract competitive employees, and better, these employees may even stay with you for a long time. Workers’ compensation can be attractive to workers in dangerous environments, such as factories.

The insurance plan can cost more if your business is more prone to accidents, so it is understandable that you still have your doubts. But this also means that you are more willing to enforce a more effective safety program to avoid accidents, injuries, and workers’ compensation claims. It can even trigger a ripple effect and reduce the cost of your premiums. You make your workplace safer and you pay less to your insurance. It’s a win-win situation.

Putting your employees on workers’ compensation also defends you from greater financial costs. If your employee does not have workers’ compensation, he may sue your company, especially if the accident that has caused the injury or illness is negligence on your side. Employees who have workers’ compensation waive their right to sue you, protecting you from the hassles of courts and high settlements.

Cerebral Palsy as a Birth Injury

Cerebral palsy refers to disorders that affect the brain, which particularly results into partial or complete paralysis of muscles. It affects brain and body coordination and generally has three types: ataxic cerebral palsy, athetoid cerebral palsy, and spastic cerebral palsy.

The medical condition can happen because of a variety of reasons, like medical malpractice. According to the website, cerebral palsy can be a birth injury that could have been preventable. So if your child has sustained a cerebral palsy and you have a reasonable ground to suspect that it is because of a medical malpractice, you might be looking at a personal injury lawsuit in the making.

Ataxic cerebral palsy

Ataxic cerebral palsy is a kind of cerebral palsy that affects coordination and balance. It is caused by damage to the motor control center of the child’s brain. The child may experience problems in walking, holding objects, speaking, and moving their eyes.

Athetoid cerebral palsy

This is a kind of cerebral palsy that is often characterized by involuntary movements and abnormal muscle tone. Symptoms of athetoid cerebral palsy include abrupt movements, drooling, poor posture, slurred speech, and twisting or writhing movements.

Spastic cerebral palsy

This is the most common kind of cerebral palsy. It is characterized by stiff and jerky movements, as a result of damages in bundles of neurons in the brain. It may affect arms, legs, and even one full side of the body. One of its worst forms, the spastic quadriplegia, affects all four limbs, the torso, and the face.

Cerebral palsy as a birth injury often occurs because of the lack of oxygen in the brain or in the body, if the baby has been pulled out too forcefully by medical instruments like forceps, or if the baby has experienced too much pressure in the brain during the delivery process.

Whiplash Injury

There are different types of injuries that those who figure in car accidents may sustain: lacerations, bone fracture, paralysis, brain damage, spinal cord injury, other forms of life-altering physical trauma, and wrongful death are among these. However, according to the American Chiropractic Association (ACA), whiplash, which numbers to about 120,000 annually, may be the most common type of injury sustained by car accident victims. Whiplash is actually a sudden, violent blow that causes the head to jolt to one direction (and then back), damaging neck ligaments, muscles, tendons and other soft tissues, in the process. It may occur as a result of a fall, an assault or a sports injury; its most common cause, though, is vehicular accident, such as when a car is hit from behind (rear-ended) or at the side.

A whiplash is not an easily preventable injury; it is not immediately obvious too until after some hours, or even a day, following the accident. A person who has sustained this injury will experience muscle spasms, headaches and pain in the arms or shoulder. It can also cause back pain, swelling, nausea, lethargy or lack of energy, dizziness or sense of pins and needles in the arms.

As motor vehicle accidents are usually due to drunk-driving, over speeding, driving too slow or reckless driving, it simply means that any road accident can easily be prevented, if only drivers would choose to observe road traffic rules and refrain from being distracted while behind the wheel.

Road courtesy and responsibility are two virtues that many drivers obviously lack, especially young drivers who, according to the National Highway Traffic Safety Administration, are the ones most prone to vehicular accidents. Many young drivers, despite having been informed of the necessity of behaving properly on the road, by observing traffic safety rules and yielding to others on the road when necessary, still end up guilty of driving while intoxicated, driving beyond the maximum speed limit or texting while driving. Much to their regret when an accident occurs, but whatever injury their irresponsible act results to, it is something that can no longer be undone.

As explained in the website of Karlin, Fleisher & Falkenberg, LLC, whiplash injuries are often accompanied by numerous expenses, which include: emergency transport; hospital visits; x-rays / ct-scans; pain medication costs; and, physical therapy. To all these, an at-fault driver can be held legally liable.

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