If you have been hurt in a drunk driving accident or lost a loved one, you are not alone. Drunk driving is prevalent across the country, and Wisconsin sees more than its fair share of this offense. The U.S. Centers for Disease Control and Prevention (CDC) found Wisconsin’s rate of adults who reported driving after drinking too much was 3.1 percent, much higher than the national average rate of 1.9 percent. This rate of drunk driving led to 190 fatalities and almost 2,900 injuries in 2015, according to the Wisconsin Department of Transportation (WisDOT). Unfortunately, both adults and adolescents contribute to the amount of intoxicated driving on state roads. WisDOT reported 5,121 drunk drivers were involved in crashes in 2015. Of those, 363 were under 21, the legal drinking age.
If you were injured in a drinking and driving accident, you have the right to seek compensation. Driving while impaired due to alcohol, controlled substances, or medications is illegal and strong evidence of the driver’s negligence. By working with our experienced Wisconsin personal injury lawyers at Studinski Law, LLC, you may be able to recover the compensation that can give you financial stability and help you move forward with life after such a tragic accident. Call us today at (715) 343-2850 to find out how we can help you.
Your Right to Seek Compensation After Sustaining Drunk Driving Injuries
When you or any other driver gets behind the wheel, there is a legal duty to operate the vehicle with reasonable care. Everyone is required to follow laws and to not drive in a way that puts others in danger. When a driver is careless or reckless, breaks drunk driving laws, or their actions increase the risk of a serious accident, then they would likely be considered negligent. If that person’s harmful and irresponsible actions caused a crash that hurt you, then you may have the right to seek compensation through a personal injury insurance claim or lawsuit.
During a personal injury claim, it is up to you to prove that the other driver was negligent and caused your injuries. You are more likely to achieve this by working with a personal injury attorney who understands how to investigate an accident, gather evidence on your behalf, and hire expert witnesses to support your case.
A lawyer will aggressively defend your right to compensation for:
- Property damage
- Medical expenses
- Wage loss
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of earning capacity
- Loss of society and companionship
Impaired Driving is Evidence of Negligence
If the individual who caused the accident that injured you had a blood alcohol concentration (BAC) above .08 percent or exhibited symptoms of impairment at the time of the crash, then there is strong evidence of negligence. A person who has had too much to drink no longer has the physical or cognitive capabilities to drive a vehicle safely. That is why driving while impaired by alcohol is not only a breach of a driver’s legal duty to operate a vehicle with reasonable care, but also illegal.
An experienced personal injury attorney will gather all evidence that the driver was intoxicated at the time of the accident, including any police reports, witness statements, and laboratory results. In time, there may also be additional evidence, such as the other driver pleading guilty to or being convicted of a drunk driving offense. If you choose to pursue compensation through a personal injury lawsuit, then your car wreck attorney may wish to depose the other driver and witnesses to the crash. Depositions are sworn testimony given outside of court during the discovery process. This can help your lawyer gather evidence of the driver’s inebriation at the time, including possible admissions from the other driver regarding how much they had to drink or drugs they took that day.
If You Lost a Loved One to a Drunk Driving Accident
Drunk driving is a particularly heinous crime because it commonly leads to fatalities. If you lost a loved one because another driver was impaired by drugs or alcohol, call us at Studinski Law, LLC today. We will explain your right to pursue compensation through a Wisconsin wrongful death claim.
You may have the right to file a wrongful death claim if you are the decedent’s parent, child, or spouse.
Through a wrongful death claim, the decedent’s spouse, parents, children, or other heirs may be entitled to receive compensation for:
- Funeral expenses
- Loss of financial contributions
- Loss of inheritance
- Loss of society and companionship
A wrongful death claim cannot bring your loved one back. It cannot change the fact that you lost someone suddenly under tragic circumstances. However, it may be necessary to ensure this situation does not injury you financially now and in the future. This can be essential if the decedent left behind children or elderly parents who relied on their financial contributions.
Contact a Wisconsin Drunk Driving Accident Lawyer Today
When a drunk driver crashes into you, causing you physical pain, emotional distress, and financial troubles, then it is your right to pursue the compensation that can help you manage your situation. At Studinski Law, LLC, we understand the widespread effects of drunk driving and will do whatever we can to help you recover. We are here to lift the burden of insurance claims and lawsuits from your shoulders. We will guide you through all of the legal processes while aggressively fighting for your rights.
Call us today at (715) 343-2850 to schedule a time to talk about your case.