Menomonie is home to the University of Wisconsin-Stout, and like many college towns, it faces a serious problem with drunk driving. If you have been injured by an intoxicated driver in Menomonie or Dunn County, you have the right to hold them accountable and seek compensation for your injuries. Understanding your legal options is the first step in getting the justice you deserve.
The Menomonie drunk driving accident lawyers at Fitzpatrick, Skemp & Butler, LLC are here to help victims of impaired driving accidents. We understand the devastating impact these crashes can have, and we are ready to fight for you.
The Devastating Impact of Drunk Driving Accidents
Drunk driving accidents are often more severe than other types of crashes because impaired drivers have slower reaction times and are more likely to cause high-speed collisions. Common injuries in drunk driving accidents include:
•Traumatic Brain Injuries: A severe blow to the head can cause lasting cognitive and physical impairments.
•Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis.
•Broken Bones and Fractures: The force of a drunk driving accident can cause multiple broken bones and complex fractures.
•Internal Injuries: Damage to internal organs can be life-threatening and may require emergency surgery.
•Wrongful Death: In the most tragic cases, drunk driving accidents result in the death of an innocent victim.
Wisconsin’s Drunk Driving Laws
Wisconsin has strict laws against drunk driving, also known as Operating While Intoxicated (OWI). Under Wisconsin law:
•Legal Limit: It is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher.
•Criminal Penalties: A drunk driver can face fines, jail time, and the loss of their driver’s license.
•Civil Liability: In addition to criminal penalties, a drunk driver can be held civilly liable for any injuries or property damage they cause.
If you have been injured by a drunk driver, you have the right to file a personal injury claim against them and their insurance company.
Punitive Damages in Drunk Driving Cases
In many personal injury cases, you can only recover “compensatory damages,” which are meant to compensate you for your actual losses, such as medical bills and lost wages. However, in cases involving drunk driving, you may also be able to recover “punitive damages.”
Punitive damages are meant to punish the drunk driver for their reckless behavior and to deter others from driving while intoxicated. These damages can significantly increase the value of your case.
What to Do After a Drunk Driving Accident
If you are in an accident with a drunk driver in Menomonie, you should take the following steps:
1.Call 911: Report the accident and request an ambulance if anyone is injured. Tell the dispatcher if you suspect the other driver is intoxicated.
2.Stay at the Scene: Do not leave the scene of the accident.
3.Do Not Confront the Driver: If the other driver is intoxicated, they may be aggressive or unpredictable. Let the police handle the situation.
4.Document the Scene: Take photos and videos of the vehicles, the road, and any injuries. If you can safely do so, take note of any signs of intoxication, such as empty beer cans or the smell of alcohol.
5.Get Witness Information: If anyone saw the accident, get their name and phone number.
6.Seek Medical Attention: See a doctor as soon as possible, even if you do not think you are seriously injured.
7.Contact a Lawyer: Do not speak to the drunk driver’s insurance company before you have consulted with an attorney.
Frequently Asked Questions (FAQ)
Q: The drunk driver is being charged with a crime. Do I still need to file a civil lawsuit?
A: Yes. The criminal case and the civil case are separate. Even if the drunk driver is convicted of OWI, you still need to file a personal injury claim to get compensation for your injuries.
Q: Can I sue the bar that served the drunk driver?
A: Possibly. Wisconsin has a “dram shop” law that allows you to sue a bar or restaurant if they served alcohol to a visibly intoxicated person who then caused an accident. These cases can be complex, so it is important to speak with an experienced attorney.
Q: How much is my drunk driving accident case worth?
A: The value of your case depends on many factors, including the severity of your injuries, the amount of your medical bills and lost wages, and whether punitive damages are available. We can give you a better idea of what your case is worth after a free consultation.
How a Menomonie Drunk Driving Accident Lawyer Can Help
After a serious drunk driving accident, you should not have to deal with the stress of fighting with an insurance company. The dedicated personal injury attorneys at Fitzpatrick, Skemp & Butler, LLC are here to take that burden off your shoulders. We will investigate your accident, build a powerful case, and fight for the maximum compensation you are entitled to, including punitive damages.
We have a deep understanding of the local courts in Dunn County and a proven track record of success for our clients in Menomonie. Contact us today for a free consultation. You will not pay any fees unless we win your case.