You might have been on your way to spend an evening with friends or taking your children to their practice. You were driving responsibly, adhering to traffic laws, when suddenly, you were involved in an unexpected collision. As you come to terms with the situation, you notice the other driver emerging from their vehicle, and you detect the smell of alcohol on their breath as they approach to check on you. The frustration of the accident intensifies as you realize the other driver was under the influence of alcohol.
Anyone who finds themselves in this situation is right to feel angry and frustrated. Thankfully, the legal system is set up to help victims hold responsible parties accountable.
What are my rights in this type of situation?
Under Wisconsin law, victims can pursue civil litigation against the drunk driver. This can result in compensation to help cover the costs resulting from the accident, such as emergency care, medical care, lost wages, and other losses. When moving forward with a claim, Wisconsin follows a comparative negligence rule. This basically means that even if the victim had some responsibility for the accident, perhaps they were driving a bit too fast or failed to make a complete stop at a stop sign, they can still recover damages if their fault does not exceed that of the defendant.
It is also important to note that there is a time limit to these claims. Victims generally have three years to move forward with legal action. A failure to do so within this time period can mean you lose the change to hold the other driver accountable.
What steps should I take after the accident?
The most important step is to seek medical care as needed. Prioritize your health by getting a thorough medical examination. After this is complete, the following steps can help better ensure you have what you need to hold the other driver responsible:
- Organize paperwork: Keep copies of all documents related to injuries, treatments, damage to your vehicle, and missed work.
- Gather evidence: Collect evidence from the accident scene, including photos, witness statements, and police reports.
- Contact an attorney: Consult with a personal injury lawyer experienced in drunk driving cases. They can guide you through the legal process and help better ensure your rights are protected.
Following these steps can provide a solid foundation of you choose to move forward with a claim.
How do I pursue compensation to help offset the expenses resulting from the crash?
Once you have taken the necessary steps, you can pursue compensation through a personal injury lawsuit. The first step is to file a claim. Your attorney will file a claim against the drunk driver, outlining the damages you seek. Often, cases settle out of court. Legal counsel will negotiate with the driver’s insurance company to reach a fair settlement. If a settlement cannot be reached, your case may go to trial. Your attorney will present evidence and argue your case before a judge or jury. Pursuing compensation can alleviate the financial burden caused by the accident. It can also provide a sense of justice and closure.
A drunk driving accident can have severe impacts on your life, but legal remedies exist to help you recover. By understanding your rights and taking the appropriate steps, you can pursue compensation for your injuries and losses. Remember, you have the right to seek justice and protect your family’s future.