Auto Injury Lawyer
Eau Claire and Madison, Wisconsin
Eau Claire and Accidents Involving Drugs and Alcohol
Injuries or loss of a loved one at the hands of an intoxicated driver are particularly hard to bear, because they are unquestionably preventable and the result of someone else’s total disregard for the well-being of others. Driving while intoxicated is typically considered intentional misconduct, rather than negligence, meaning that punitive damages may be available in addition to compensatory damages. If you have been injured in an auto accident involving drugs or alcohol the Madison, Wisconsin auto injury lawyers of Boller & Vaughan LLC can help.
In some of these cases we have evidence such as breath or blood test results to support the case. In others, we may only have witness testimony to confirm that the responsible party was intoxicated before the crash. This could be testimony of the drier’s behavior which gave the appearance of intoxication, or actual witnessing of the driver ingesting alcohol recreational drugs or prescription drugs. There are legal defenses against the use of breath and blood tests and arguments that the tests are not accurate, so even when we have this evidence witness testimony is an important factor if it can be obtained.
Passengers of Drunk Drivers
Passengers who knowingly get into a vehicle with an intoxicated driver have a tougher case. It may be said that you “assumed the risk” of being in an accident therefore contributing to your injuries. You may still be able to obtain compensation for your injuries, although that compensation may be reduced.
Third Party Lawsuits
Employers may be held responsible if they knowingly require or allow an employee to drive drunk or under the influence of drugs while performing job duties.
In most states, dram shop laws hold bar owners and those who serve alcohol responsible for over serving drunk patrons who cause accident. Wisconsin does not, if the intoxicated person was of legal drinking age. However, those who knowingly provided alcohol to a minor can be held liable.
It is worth noting that Wisconsin is one of the few states which does not require establishments that serve alcohol to carry special liability insurance to cover their responsibility for these accidents. However, some may carry the insurance voluntarily. If you were injured by an underage drunk driver who was served illegally, it is worth finding out if the bar or restaurant was insured.
If you or a loved one has been injured or killed in a auto accident in Madison or anywhere in Wisconsin, please call the Wisconsin car accident attorneys of Boller & Vaughan LLC at or submit an online questionnaire. Your initial consultation with the Wisconsin car accident lawyers of Boller & Vaughan LLC is free of charge and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a personal injury lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.