Injured By A Wisconsin Drunk Driver?
Alcohol-related motor vehicle crashes kill someone every 31 minutes and non-fatally injure someone every two minutes.
Occurrence and Consequences
- During 2004, 16,694 people in the U.S. died in alcohol-related motor vehicle crashes, representing 39% of all traffic-related deaths.
- In 2004, about 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. That’s less than one percent of the 159 million self-reported episodes of alcohol–impaired driving among U.S. adults each year.
- Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are generally used in combination with alcohol.
- More than two-thirds of child passengers ages 14 and younger who died in alcohol-related crashes during 1997–2002 were riding with the drinking driver; only 32% of them were properly restrained at the time of the crash.
Costs
Each year, alcohol-related crashes in the United States cost about $51 billion.
Groups at Risk
- Male drivers involved in fatal motor vehicle crashes are almost twice as likely as female drivers to be intoxicated with a blood alcohol concentration (BAC) of 0.08% or greater. A BAC of 0.08% is equal to or greater than the legal limit in most states.
- At all levels of blood alcohol concentration, the risk of being involved in a crash is greater for young people than for older people. In 2003, 25% of drivers ages 15 to 20 that died in motor vehicle crashes had been drinking alcohol.
- Young men ages 18 to 20 (under the legal drinking age) reported driving while impaired almost as frequently as men ages 21 to 34.
- Among motorcycle drivers killed in fatal crashes, 30% have BAC's of 0.08% or greater.
- Nearly half of the alcohol-impaired motorcyclists killed each year are age 40 or older, and motorcyclists ages 40 to 44 years have the highest percentage of fatalities with BAC’s of 0.08% or greater.
- Of the 2,136 traffic fatalities among children ages 0 to 14 years in 2003, 21% involved alcohol.
Risk Factors
- Nearly three quarters of those convicted of driving while impaired are either frequent heavy drinkers (alcohol abusers) or alcoholics (alcohol dependent).
- Among drivers involved in fatal crashes, those with BAC levels of 0.08% or higher were nine times more likely to have a prior conviction for driving while impaired (DWI) than were drivers who had not consumed alcohol.
Punitive Damages
Recent case law in Wisconsin has made it clear that in appropriate circumstances a drunk driver can be held responsible for punitive damages on top of “normal” compensatory damages such as lost income, cost of medical expenses, and pain, suffering and disability.
The purpose of punitive damages is to punish a wrongdoer or deter the wrongdoer and others from engaging in similar conduct in the future. Not every drunk drivingcase will give rise to punitive damages. Only when the conduct is so aggravated that it shows an intentional disregard of the rights of another.
In a recent case the Court upheld a punitive damage award in a circumstance where the defendant drank 16 to 18 twelve-ounce containers of beer within five hours and then drove while intoxicated. As noted by the circuit court, "nobody was holding him down and pouring these [drinks] down his throat involuntarily...." Similarly, there is no evidence in the record that anybody made the defendant get behind the wheel of his car that night. His act of drinking and driving disregarded plaintiff’s right to safety in using the highway with other motorists in sober command of their vehicles. The fact that his blood alcohol content was tested to be .269% confirmed this. Finally, the defendant had four prior convictions for driving while intoxicated.
The experienced personal injury lawyers at Herrick & Hart stand ready to help you recover your losses.
If a drunk driver has injured you or a loved one, contact the experienced personal injury lawyers at Herrick & Hart right away for an initial consultation (initial consultations are free) or submit your case today for a free evaluation.
Herrick & Hart - Eau Claire, Wisconsin Attorneys at Law - Wisconsin Service Area
Primarily, the personal injury lawyers represent residents of the Wisconsin counties and cities listed below. Those attorneys are most familiar with the courts, judges, and courtroom procedures of these counties; however, they are often called upon by people outside of these areas because of their tremendous expertise in the area of personal injuries, and in particular their ability to successfully resolve the most catastrophic of injuries. If your injury occurred outside of the Wisconsin service areas listed below, please contact Herrick & Hart for more information about how they can help you, or submit your case for review.
Ashland County: Ashland, Odanah, Wisconsin
Barron County: Barron, Rice Lake, & Cameron, Wisconsin
Bayfield County: Bayfield, Mason, & Washburn, Wisconsin
Chippewa County: Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley, Wisconsin
Clark County: Abbotsford, Colby, Neilsville, & Thorp, Wisconsin
Douglas County: Superior, Wisconsin
Dunn County: Boyceville, Menomonie, Colfax, & Downing, Wisconsin
Eau Claire County: Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour, Wisconsin
Jackson County: Black River Falls, Taylor, Merrillan, and Alma Center, Wisconsin
Juneau County: Elroy, Mauston, Necedah, Union Center, Wisconsin
La Crosse County: La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem, Wisconsin
Marathon County: Wausau, Abbotsford, Colby, Marshfield, Mosinee, Rothschild, Schofield, Wisconsin
Monroe County: Sparta, Wisconsin
Pierce County: Bay City, Ellsworth, River Falls, Spring Valley, Wisconsin
Portage County: Stevens Point, Amherst, Plover, Rosholt, & Whiting, Wisconsin
Rusk County: Ladysmith, Hawkins, & Weyerhauser, Wisconsin
Sawyer County: Hayward, Wisconsin
St Croix County: Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley, Wisconsin
Taylor County: Medford, Gilman, & Stetsonville
Wood County: Wisconsin Rapids, Port Edwards, & Marshfield, Wisconsin
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