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Thousands of car collisions occur every year. In New Richmond, Wisconsin, like many areas of Wisconsin a portion of them often had to do with drunk driving.
Many drunk driving car collisions can happen on Wisconsin Highway 64. Some are at regular intersections like 112th St & 170th Ave. The two-lane and rural roads that surround New Richmond have a higher potential of an incident late at night when most people enjoy an alcoholic beverage.
Whenever you get injured in an alcohol-related collision, the team at Nicolet Law Accident & Injury Lawyers is here to help. Our New Richmond drunk driving accident lawyers do our best to recover the most damages possible for you so that you can pay for medical and other bills. If someone injured you in a New Richmond drunk driving accident, contact Nicolet Law Accident & Injury Lawyers for your free case evaluation.
In Wisconsin, a driver is under the influence when the person cannot drive a vehicle correctly due to alcohol. The person can’t operate a car safely and puts themselves and other passengers at risk of an accident.
By law, a person under the age of 21 cannot have any alcohol in their body when they drive. If drivers are over 21, the legal limit for the Blood Alcohol Concentration (BAC) is 0.08. It would be illegal for anyone over 21 to drive if their BAC is higher than 0.08.
If a police officer discovers a driver consumed too much alcohol, they could arrest the person. Penalties for intoxicated driving can range from your license getting revoked to six years in prison. This, however, will not pay for the damages you sustained in a New Richmond drunk driving accident. For that, you will need to call us.
After a car accident with an intoxicated driver, you may want to file an insurance claim to obtain full compensation. Before you settle, make sure to assess the extent of your injuries. Some injuries do not show immediate symptoms after a collision.
Insurance companies usually want to end a case as soon as possible if they can keep the payout low. They may try to pressure you into accepting their initial offer. Some insurers may provide a higher offer in the case of an alcohol-related accident. Make sure to consult a drunk driving accident attorney before signing a release of liability form.
A DUI conviction can help ensure that you get the most compensation possible for an alcohol-related collision. The at-fault driver’s insurance company is likely to avoid a civil lawsuit as much as possible. The insurer knows a trial has a higher chance of the jury deciding in the plaintiff’s favor if there was a DUI conviction. The company may provide you with a high-end settlement out of interest.
Don’t be dissuaded, however, if the drunk driver is not charged or convicted for a crime. The civil claims process is wholly separate from the criminal process, and a lack of prosecution or conviction does not bar you from pursuing compensation for your injuries.
A drunk driving accident can lead to serious injuries. A person could suffer from broken bones, a head wound, back injury, or even a catastrophic injury. Sometimes, injuries are not visible or take a while to become apparent. You or a loved one should seek medical attention soon after an alcohol-related crash.
Keep copies of your hospital records and expenses. They can help with the calculation of the amount of compensation you can receive.
Recoverable damages include:
In a few incidents, an intoxicated driver may have been considered to have harmed you or a loved one in a way that is recognized as an intentional disregard for your rights and safety. In this case, you could get awarded additional money in the form of punitive damages (damages to punish the conduct of the drunk driver).
When you decide to pursue and settle a claim, make sure to gather as much information as possible. The at-fault driver’s insurance company most likely will require a lot of details regarding the accident. Even if they know the drunk driver is liable, they could argue comparative fault to reduce reimbursement.
If possible, collect every detail you can before you start the drunk driving accident claim process. You should get the name and contact information of the other driver and their insurance company. You will need to know how to contact them since you may interact with them during the claim process.
If any witnesses were present at the scene, record their name and preferred method of contact. Most phones come with camera capabilities. Before you leave the accident scene, take pictures of the location of the vehicles. Record the visible damage to each car and their license plates.
Collect images of any other details present at the site. Take multiple photos of everything to ensure you get a clear picture of the accident.
There is no excuse for drunk driving. When a driver gets behind the wheel after just one drink, they put the lives of others at risk.
Unfortunately, driving under the influence continues to be one of the leading causes of motor vehicle fatalities across the United States. If you have been in an accident, it’s normal to have questions.
Below, we look at five of the most frequently asked questions after a drunk driving accident. If you still have questions or need help with your case, contact an experienced car accident attorney.
Drunk driving is not only a criminal act but also a negligent act that can cause severe injuries. In most drunk driving accidents, the party under the influence will ultimately need to pay for the injuries they cause. However, other parties may bear liability to a victim.
A car accident attorney in New Richmond will consider the evidence of the accident and all parties who are potentially liable to you for damages due to their actions.
Drunk driving remains a significant threat to the safety of the public in Wisconsin. Drunk drivers that take to the road when impaired risk the health and safety of everyone on the roadways. In just one year, police arrest over 27,000 people in Wisconsin for driving under the influence, and nearly 6,000 drunk drivers crashed.
While many people in drunk driving accidents survive, some victims suffer fatal injuries due to a drunk driver's actions. If you lost a loved one in a negligent drunk driving accident, you may seek compensation for the loss of your loved one through a wrongful death claim or lawsuit. The reality is that no one plans to lose their loved one unexpectedly at the hands of a drunk driver.
The surviving family of a drunk driving accident victim will need to cope not only with the devastating loss of a family member but the arrangements for their death, which can include significant costs. Furthermore, when a loved one contributed to the family's finances, their sudden loss can leave families with overwhelming uncertainty and challenges to meet their needs.
If you are the victim of a negligent drunk driver, you may seek compensation for the damages and injuries you incur. You cannot know the exact amount that you will ultimately receive for your damages, but a car accident attorney can evaluate your injuries, their severity, and their effect on your life, such as work and your future.
Your attorney can calculate each aspect of damages you may pursue to help guide your case and negotiate with the insurance companies and other parties to reach an adequate settlement that will meet your needs.
Damages in a drunk driving case can include:
Any accident is scary. But drunk driving accidents carry their own set of challenges. Drunk drivers are unpredictable, and in some cases, aggressive. If you suspect the other driver is drunk, you need to exercise extreme caution and prioritize your safety. With that, there are a few steps you should take after a drunk driving accident.
Proving the other driver was drunk is not a requirement for a personal injury case. However, it may solidify liability and bring to light other parties who may hold financial responsibility. Your attorney can help you gather evidence to prove your case.
Factors that can prove driver intoxication include:
Additionally, your attorney will likely evaluate the other party’s driving record and any indications of a pattern of behavior.
Let’s be clear—there is no way to accurately estimate how much any personal injury case is worth at the beginning of the case. There are a lot of factors that determine how much you may recover after a drunk driving accident.
That said, if your case goes to court, the jury may award punitive damages. The court typically reserves punitive damages for cases of extreme negligence or intentional harm. In many cases, drunk driving falls under this umbrella. Technically, punitive damages are a punishment towards the other party, designed to deter others from repeating the same actions. However, if the court does decide to impose punitive damages, they do get added to your final money award.
The short answer is maybe. Third-party liability in drunk driving accidents usually falls under a some state’s dram shop laws. In Minnesota, for example, a parent, spouse, or another eligible party may recover damages from the bartender or bar if the bartender caused the intoxication by illegally selling alcohol to the intoxicated party. In most cases, this comes into play when a bartender serves someone who is under the age of 21.
Dram shop laws don’t just cover bartenders. The laws extend to private parties as well. This means, if a person over 21 furnishes alcohol to a person under 21 and that person later causes an accident, you may have a case for legal action against the adult who provided the alcohol.
After a serious accident, the last thing you probably want to do is deal with the insurance companies. This is understandable, and it’s okay to take time for yourself. However, you also need to understand that the law limits how long you have to take action after a motor vehicle accident.
In Minnesota, for example, the time limit for these accidents is two years. The clock starts ticking on the day of the accident.
This means, if you intend to sue the other driver, you must file the appropriate paperwork with the court no later than two years after the accident. In most cases, if you miss this deadline, you will not have any recourse against the other driver. While this may seem like a long time, you must allow your attorney enough time to review your case and negotiate with the other party’s insurance.
You should always contact a car accident attorney if you suffer injuries in a motor vehicle accident. When you have any indication that the other driver that caused the accident may have been under the influence of alcohol, you must urgently seek an attorney to protect your rights in an insurance claim and lawsuit if it should become necessary.
When an insurer is aware they are likely liable for an accident, they will move quickly to resolve a claim. Unfortunately, quickly does not necessarily mean fairly. Fast settlement offers after drunk driving accidents are often less than the value of a victim’s claim. An insurer makes the offer as quickly as possible hoping that a victim will accept to close the case sooner rather than later. This can be a terrible mistake that leaves you unable to seek additional damages if you learn that your injuries are more severe than you believe or discover additional losses.
If you are in a drunk driving accident, contact a New Richmond car accident attorney for a free evaluation of your case.
A New Richmond drunk driving accident attorney can help ensure you get the compensation you deserve after an alcohol-related accident. At Nicolet Law Accident & Injury Lawyers, we often help those who suffered injuries from a motor vehicle collision. After an incident with a drunk driver, our team can represent you in mediation, negotiation, and trial.
We have multiple locations across Minnesota and Wisconsin, including the community of New Richmond. If you suffered injuries in a drunk driving accident in New Richmond, contact Nicolet Law Accident & Injury Lawyers at (715) 226-6164 for a free case evaluation.
New Richmond Office
1500 Madison Ave.
New Richmond, WI 54017