Milwaukee Alcohol Related Car Accident Lawyers
Wisconsin alcohol related car accident lawyers are experienced in their field. Every 1 ½ hours, a person is injured or killed in an alcohol related car accident on a Wisconsin roadway according to the Wisconsin Department of Transportation. Many of the people who were injured or killed were not under the influence of alcohol at the time of the accident but instead were victims of another person’s decision to drink and drive. These victims, or their survivors, may be entitled to damages and should consult with an experienced Milwaukee alcohol related car accident lawyer at Pasternak & Zirgibel to discuss their legal rights.
What is an Alcohol Related Car Accident?
In Wisconsin, any driver over the age of 21 with a blood alcohol content of 0.08 or higher is operating while intoxicated (OWI) and may be responsible for any car accidents that occur. If a driver has been convicted three times of OWI then an alcohol related car accident can occur if that driver has a blood alcohol content of just 0.02 or higher. Similarly, drivers under the age of 21 who have even a trace of alcohol in the system at the time of a car accident may be liable for resulting car accidents.
Alcohol Related Car Accident Victims May Be Entitled to Damages
The state of Wisconsin can pursue criminal charges against OWI offenders. However, the penalties for a criminal conviction do not typically include compensation for the accident victims. Instead, car accident victims should hire a Milwaukee alcohol related car accident lawyer to file a civil case against the intoxicated driver. Car accident victims must file their lawsuit within three years, according the Wisconsin statute of limitations.
In order to prevail in a civil case the Wisconsin alcohol related car accident attorney who is representing the victim must prove that:
- The other driver had a duty of care to the victim. This standard is easily met since Wisconsin drivers have a duty of care to those with whom they share the roadway.
- The other driver breached that duty of care by failing to act like a reasonable driver would act given the circumstances. Drivers with blood alcohol levels exceeding the standards described above are drunk and are not acting as reasonable drivers.
- The other driver’s breach of his duty of care caused the victim’s injuries. The plaintiff’s attorney must prove that it was the other driver who caused the accident and the resulting injury to the victim.
- If the above three criteria are met, the plaintiff is entitled to damages pursuant to Wisconsin state law.
Plaintiffs who are successful in proving these elements may be entitled to damages for their past and future medical bills, rehabilitation costs, property damages, lost income due to the inability to work, pain and suffering and other damages as deemed appropriate by the court.
Contact Pasternak & Zirgibel – Experienced Wisconsin Alcohol Related Car Accident Lawyers
The Wisconsin alcohol related car accident attorneys of Pasternak & Zirgibel understand that one person’s decision to drink and drive can devastate your family. The majority of our cases are vehicular accident cases that result in serious personal injuries or fatalities. Our experienced attorneys can assist you with your legal needs so that, together, we can help you begin to rebuild your life.
Our firm of Milwaukee alcohol related car accident lawyers represents clients throughout the state of Wisconsin including in Milwaukee and the surrounding areas such as Cudahy, West Allis, West Milwaukee, South Milwaukee, Whitefish Bay, Wauwatosa, Shorewood, Franklin, Glendale, Greendale, Greenfield, Oak Creek, Washington County, Racine County, Waukesha County, Jefferson County and Ozaukee County.
We invite you to call us at (262) 785-0802 or to fill out our online contact form. We would be pleased to provide you with a free, no obligation consultation at your convenience. Our firm is committed to representing those who have been harmed by others in Wisconsin alcohol related car accidents and we will not collect a fee unless you recover damages.