All users of the road run the risk of being in an accident and incurring an injury during any trip. With less protection than drivers of cars and trucks, motorcycle riders run a higher risk of serious injury and even death if they are involved in an accident. Given this risk, there are preventative actions that riders can take to avoid being in a motorcycle accident and to stay safe on the road.

Take a motorcycle safety course – Before you even head out on the road, it helps to know the ins and outs of riding a motorcycle safely. The Wisconsin Department of Transportation offers motorcycle safety courses through the Wisconsin Motorcycle Safety Program (WMSP) to earn a Class M motorcycle license. Participants in a course learn how to improve their riding skills and share the road with other vehicles.

Wear proper motorcycle gear – Wisconsin strongly recommends all motorcycle riders and passengers wear a helmet when riding. All riders and passengers under 18 are required to wear a helmet. Additionally, full protective gear including leather or heavy-duty clothing, boots, gloves, and eye protection is strongly encouraged. You should also make yourself more visible to other drivers by wearing high-visibility clothing, especially at night or in poor weather.

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Summer is around the corner and Wisconsin’s lakes and rivers will once again be filling up with boats. It is possible, even likely, that some of Wisconsin’s boat drivers will be filling up on beer, wine, and other alcoholic drinks. Wisconsin is one of the leading states for intoxicated boating and boating accidents. Alcohol plays a role in one out of every five accidents on the water. Before you get behind the controls of a boat, it is best to know the laws for intoxicated boating and what penalties you may face if caught.

Enjoy Summer, But Be Safe on the Water

For the operator of a private boat over the age of 21, the legal limit for blood alcohol content (BAC) is .08, just like for motor vehicles. For operators of commercial boats, the legal limit drops to a BAC of .04, matching that of commercial drivers. If your boat is stopped under suspicion of intoxicated boating, you may be subject to sobriety tests right on the boat. Law enforcement no longer waits to perform the tests until reaching dry land. Unlike motor vehicles, there is no open container law on a boat. This means your boat cannot be stopped simply for having alcohol aboard. In addition to alcohol, you may not operate a boat if you have any detectable level of a restricted controlled substance in your blood.

Under Wisconsin law, fines for a first intoxicated boating offense can be as high as $300. If you are found guilty of a second offense within five years of the first, you face up to six months in jail and a fine of up to $1,000. A third intoxicated boating offense could land you in jail for up to one year and you may be paying fines of up to $2,000. More serious charges can be added if an accident with injuries resulted from your intoxicated boating. All offenders must complete a court-ordered alcohol and drug assessment and complete a certified boating safety course. Additionally, your boat’s certificate will be revoked and a new one must be acquired. However, intoxicated boating charges do not have an impact on your driver’s license.

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For those with multiple traffic violations in Wisconsin, you run the risk of penalties beyond the normal accumulation of fines and license suspensions. Drivers who have racked up a qualifying number of violations over a five-year period will be declared a Habitual Traffic Offender and automatically lose their license for five years. The road to getting your license back is not easy, but working with the right attorney can help when you are facing this situation.

Wisconsin’s Tough Habitual Traffic Offender Law

To ensure public safety and protect other drivers and residents from those with a history of repeated traffic violations, Wisconsin has instituted a Habitual Traffic Offender law. Violations are tracked by the state’s Department of Motor Vehicles, and the law applies to traffic offenses by Wisconsin drivers both in the state and out of state. It also keeps track of residents of other states who have convictions in Wisconsin. To qualify as a Habitual Traffic Offender, a driver will have accumulated the following within a five-year period:

• Convictions for 12 or more moving violations committed in Wisconsin. These can include speeding, failure to obey traffic signals, and similar offenses.

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Being in a motor vehicle accident, especially if you are injured, can be a jarring experience. That experience can be made worse if the other driver does not stop. Wisconsin law requires drivers who know or believe they have caused a traffic accident to stop. If you do not have the other driver’s information, you may not know where to turn. By calling an experienced hit-and-run attorney, you can start to put the pieces back together and receive the compensation you deserve. 

Hit-and-Run Laws in Wisconsin

Under Wisconsin law, after a traffic accident you must stop, exchange information with the other driver, call the police if the accident is serious or caused an injury or death, and provide reasonable assistance to the driver and passengers in the other car. Failure to stop or meet the other requirements can open a driver up to civil and criminal consequences. 

The criminal penalties for hit-and-run drivers can be very severe. If the driver does not meet their obligations under the law, the charges they face depend on the severity of the injuries suffered by the victim. For an accident with only minor or moderate injuries, the driver faces misdemeanor charges with up to 9 months in jail, plus probation and a fine of up to $10,000. For more severe injuries, felony charges are possible. The driver could face up to 15 years in prison, probation, and $50,000 in fines. For a fatal hit-and-run accident, the legal consequences are a higher-degree felony with up to 25 years in prison and a fine of up to $100,000. 

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With warmer weather slowly returning to Wisconsin, more bicyclists and pedestrians will be out on local roads. Some drivers may not know the rights and responsibilities that bicyclists have as they are sharing the road with motor vehicles or the proper behavior for drivers around bicycles. Bicycles are considered vehicles and belong on the road. Here are some tips for safe driving when bikes are present and to avoid risking severe accidents and traffic violations.  

Wisconsin Rules of the Road for Bicycles and Motor Vehicles

• Bicyclists should generally ride on the right side of the road or traffic lane, except when passing slower traffic, going around objects such as parked cars or other hazards, preparing to make a left-hand turn, or when the road is too narrow to move farther to the right.

• Motor vehicles passing a bicyclist must maintain at least three feet of space between them and the bicycle. You are permitted to cross a double yellow line in order to keep this distance while passing a bike.  

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