Wisconsin DUI/OWI Accident Lawyer
The Devastating Impact of Drunk Driving in Wisconsin
Every year, thousands of lives are shattered by the reckless decision to drive under the influence in Wisconsin. While many people know it as Driving Under the Influence (DUI), Wisconsin law officially calls it Operating While Intoxicated (OWI). Regardless of the name, the outcome is the same: devastating accidents that cause serious injuries and claim innocent lives. As per reported by Wisconsin Department of Transportation. In 2022 alone, impaired drivers were involved in over 7,400 crashes, resulting in 172 deaths and more than 3,500 injuries. These are not just statistics; they are families torn apart, futures altered, and communities left to grieve.
At Fitzpatrick, Skemp & Butler, LLC, we understand that being hit by a drunk driver is a profoundly personal and traumatic experience. Our dedicated Wisconsin DUI/OWI accident lawyers are committed to providing compassionate, unwavering legal support to victims and their families. We believe that you should not have to carry the weight of someone else’s negligence alone. Our mission is to fight for the justice and compensation you deserve, so you can focus on what matters most: healing. Call Fitzpatrick, Skemp & Butler, LLC. Our Wisconsin car accident lawyers can go into detail about your rights following an injury from a DUI car accident, in a free consultation.
What to Do After a Drunk Driver Hits You in Wisconsin
The moments following a DUI/OWI crash are chaotic and confusing. The steps you take can significantly impact your health and your ability to secure fair compensation. Here is what you should do:
- Call 911 Immediately: Report the accident and request emergency medical assistance. Inform the dispatcher if you suspect the other driver is intoxicated.
- Seek Medical Attention: Even if you feel fine, some serious injuries, like internal bleeding or whiplash, may not be immediately apparent. A medical evaluation creates a crucial record of your injuries.
- Document the Scene: If you are able, take photos and videos of the vehicles, the accident scene, any visible injuries, and the other driver’s behavior. Note any signs of intoxication, such as slurred speech or an odor of alcohol.
- Gather Witness Information: Get the names and contact information of anyone who witnessed the crash. Their testimony can be invaluable.
- Do Not Confront the Driver: Avoid engaging in arguments or confrontations with the impaired driver. Let law enforcement handle the situation.
- Avoid Giving a Recorded Statement: Do not provide a recorded statement to the at-fault driver’s insurance company without first speaking to an attorney. They may try to use your words against you to minimize your claim.
- Contact a Wisconsin DUI/OWI Accident Lawyer: An experienced attorney can protect your rights, handle communication with insurance companies, and begin building a strong case on your behalf.
Your Legal Rights as a DUI/OWI Accident Victim in Wisconsin
Wisconsin law provides a path for victims of drunk driving accidents to seek justice and financial recovery. Even though the at-fault driver will face criminal charges for OWI, the criminal case is separate from your civil claim for damages. The criminal justice system is designed to punish the offender, but it will not compensate you for your losses. To recover damages, you must file a personal injury claim.
Wisconsin’s Comparative Negligence Law
Wisconsin follows a modified comparative negligence rule. This means you can still recover damages even if you are found to be partially at fault for the accident, as long as your percentage of fault is not 51% or greater. However, your total compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 10% at fault, your recovery would be reduced to $90,000.
Punitive Damages in Wisconsin DUI/OWI Cases
In cases of extreme negligence, such as drunk driving, Wisconsin law allows victims to seek punitive damages in addition to compensatory damages. Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. To be awarded punitive damages, you must prove that the defendant acted maliciously or with intentional disregard for your rights. The decision to drive while intoxicated is often considered a conscious disregard for the safety of others, making punitive damages a real possibility in OWI cases. In Wisconsin, punitive damages are capped at the greater of $200,000 or twice the amount of compensatory damages.
Common Injuries in Wisconsin DUI/OWI Accidents
Drunk drivers often exhibit delayed reaction times and poor judgment, leading to high-speed, violent collisions. The injuries sustained in these crashes are frequently severe and life-altering:
- Traumatic Brain Injuries (TBI): Can cause long-term cognitive impairment, memory loss, and personality changes.
- Spinal Cord Injuries: May result in partial or complete paralysis, requiring a lifetime of care.
- Broken Bones and Fractures: Often require surgery, pins, and extensive rehabilitation.
- Internal Organ Damage: Can lead to internal bleeding and life-threatening complications.
- Severe Burns: May result from vehicle fires, causing disfigurement and requiring skin grafts.
- Whiplash and Soft Tissue Injuries: Can cause chronic pain and limited mobility.
Proving Fault in a Wisconsin DUI/OWI Injury Case
Building a successful OWI accident claim requires a thorough investigation and compelling evidence. Our legal team will work diligently to gather all necessary proof, including:
•Police Reports: Official documentation of the accident, including the officer’s observations of the driver’s impairment.
•Blood Alcohol Content (BAC) Test Results: Chemical test results showing the driver’s BAC was at or above the legal limit of 0.08% .
•Field Sobriety Test Results: Evidence of the driver’s performance on standard field sobriety tests.
•Witness Statements: Testimony from other drivers, passengers, or pedestrians who saw the accident.
•Dashcam and Surveillance Footage: Video evidence that can capture the driver’s reckless behavior.
•Expert Testimony: Input from accident reconstruction specialists and medical professionals to explain the cause of the crash and the extent of your injuries.
What Compensation Can You Recover?
Our goal is to ensure you receive full and fair compensation for all your losses. We will fight for a settlement or verdict that covers:
•Medical Expenses: Including hospital stays, surgeries, rehabilitation, medication, and future medical needs.
•Lost Wages: Compensation for the income you lost while unable to work.
•Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or earning the same income.
•Pain and Suffering: For the physical pain, emotional distress, and loss of enjoyment of life you have endured.
•Property Damage: The cost to repair or replace your vehicle and any other damaged property.
•Punitive Damages: As discussed, to punish the drunk driver’s reckless conduct.
Why Choose Fitzpatrick, Skemp & Butler, LLC?
When you are facing the aftermath of a traumatic DUI/OWI accident, you need a legal team with the experience, resources, and dedication to fight for you. At Fitzpatrick, Skemp & Butler, LLC, we have over 100 years of combined legal experience and have recovered over $100 million for our clients. We are not afraid to take on insurance companies and their teams of lawyers to ensure you receive the justice you deserve.
You will work directly with your attorney, who will provide personalized guidance and support every step of the way. We operate on a contingency fee basis, which means you pay no attorney fees unless we win your case. Your fight is our fight.
Contact a Wisconsin DUI/OWI Accident Lawyer Today
If you or a loved one has been injured by a drunk driver in Wisconsin, do not wait to seek legal help. Contact Fitzpatrick, Skemp & Butler, LLC today for a free, no-obligation consultation.
Let us handle the legal complexities so you can focus on your recovery. Call us at (608) 784-4370 to schedule your free consultation.