When an intoxicated driver makes the catastrophic choice to get behind the wheel, the consequences can be severe. Victims can face a long road of medical treatment, lost income, and emotional recovery that can stretch on for years. If you were hurt by a drunk driver in Brookfield, you deserve justice and compensation for the trauma you have endured.
Cannon & Dunphy S.C. brings over 35 years of legal experience to drunk driving accident cases throughout Milwaukee and Wisconsin, pursuing maximum compensation for victims while they focus on healing.
With over $1 billion recovered for our clients across all types of injury cases, we have the proven results you need. Contact us today to discuss your case and learn how our Brookfield personal injury lawyers can help secure your future.
Steps to Take After a Car Accident with a Drunk Driver
The moments following a collision with an intoxicated driver can feel overwhelming and chaotic. However, taking certain steps is necessary to protect your legal rights.
These actions can make a major difference in your recovery—both physical and financial:
- Call 911 immediately. First responders will provide emergency medical care, document the scene, and create an official report that will serve as valuable evidence in your case.
- Visit a hospital or urgent care facility as soon as possible, even if you feel fine initially. Seeking treatment creates a clear link between the accident and your injuries.
- If you are physically able, take photos of vehicle damage, the accident scene, road conditions, and any visible injuries to preserve important details.
- Collect the names and contact details from anyone who saw the collision occur. Independent witnesses can provide powerful testimony about the other driver’s behavior, speed, or obvious signs of intoxication.
- Avoid making statements about who caused the accident to the other driver, their insurance company, or even your own insurer until you have spoken with a drunk driving accident attorney in Brookfield. Even innocent comments can be used against you later.
- Save all medical bills, prescription receipts, repair estimates, and documentation of missed work. Create a daily journal noting your pain levels, limitations, and how the injuries affect your daily activities.
Drunk Driving Laws in Brookfield
Operating a vehicle while intoxicated (OWI) is a crime in Wisconsin. This means that you cannot drive while under the influence of alcohol, controlled substances, or prescription medications that impair your ability to operate a vehicle safely.
The state enforces strict blood alcohol concentration (BAC) limits based on the driver’s age and license type:
- Drivers 21 and older: 0.08% BAC or higher
- Drivers under 21: Any measurable alcohol in their system
- Commercial drivers: 0.04% BAC or higher
Proving Liability in a Drunk Driving Accident
If you were involved in a crash caused by a drunk driver, you have the right to pursue legal action against them. By filing an insurance claim or lawsuit, you can recover compensation to help pay for your medical bills, lost wages, and other damages.
However, you must prove that the driver’s negligence caused your accident to recover a settlement.
There are four legal elements of negligence that you will need to establish:
- Duty of Care: Every driver has a legal obligation to operate their vehicle safely and follow Wisconsin traffic laws. This responsibility exists whenever someone gets behind the wheel. OWI laws are one of the fundamental laws that drivers in Brookfield must follow.
- Breach of Duty: Next, you must show that the driver breached their duty of care by driving while drunk. Evidence of intoxication—such as field sobriety test videos, breathalyzer results, and witness testimony—can help establish this negligent and dangerous behavior.
- Causation: You must show that the driver’s intoxication caused the accident and your injuries. This connection is typically established through evidence like accident reconstruction analysis, photographic evidence, witness statements, and police reports.
- Damages: Finally, you will need to prove that you suffered damages that you can recover in your claim. Medical bills, employment documentation, expert testimony, and many other pieces of evidence can help prove your right to compensation.
How Long Do I Have to File a Car Accident Claim in Wisconsin?
Wisconsin’s statute of limitations gives you three years from the date of your accident to file a personal injury lawsuit against the drunk driver. If you miss this deadline, you will likely lose your right to seek compensation.
Don’t wait to take action—contact a Brookfield drunk driving accident lawyer immediately after the crash to begin building your case, preserving evidence, and complying with court deadlines.
How Much Is My Drunk Driving Accident Claim Worth?
The value of your drunk driving accident claim depends on the damages you have suffered, which can vary from case to case. Two people in similar accidents might receive vastly different compensation based on their injuries, recovery times, and how the collision affected their lives.
There are two categories of damages you can recover:
- Economic damages include quantifiable financial losses like medical expenses, rehabilitation costs, lost wages, reduced earning capacity, and property damage.
- Non-economic damages compensate for subjective losses, such as physical pain, emotional distress, and loss of enjoyment of life.
Depending on the extent of your damages, a drunk driving accident claim can be worth tens of thousands of dollars or even more. Cannon & Dunphy S.C. will carefully document each of your losses, working with medical experts, economists, and life care planners to calculate both your current expenses and future costs.
We won’t rest until we secure every dollar you deserve.
Seek Legal Advice from a Brookfield Drunk Driving Accident Attorney
Being struck by an intoxicated driver can change your life forever. When another person’s reckless decision leaves you injured, Cannon & Dunphy S.C. will fight for your rights and your future.
Our attorneys will work tirelessly to hold the responsible party accountable and secure the maximum compensation possible for your injuries and losses. Contact us at (262) 262-8415 for a free case evaluation and let us fight for the justice you deserve.