Drunk driving crashes are some of the most devastating types of car accidents. In Wisconsin, thousands of people are injured every year due to the reckless decision of someone getting behind the wheel after drinking. If you or someone you love has been hit by a drunk driver, you may feel overwhelmed, frustrated, and unsure of what steps to take. This guide will walk you through what to do immediately after the crash, how Wisconsin law supports victims of DUI-related collisions, and how Lindner Law, LLC can help you seek the justice and compensation you deserve.

Take Action Immediately After the Crash

Call the Police

Your first step after any crash should always be to call 911. If you’re able to do so, report the crash and tell the dispatcher that you suspect the other driver is impaired. Law enforcement will arrive at the scene and begin gathering evidence, which may include field sobriety tests, a breathalyzer, or even a blood draw if the driver appears intoxicated. This documentation is critical—not just for any criminal DUI charges—but also for your civil injury claim.

Get Medical Attention

Even if your injuries seem minor at first, it’s important to get checked out by medical professionals. Adrenaline can mask pain, and some serious injuries like internal bleeding or concussions may not show immediate symptoms. Getting prompt treatment not only protects your health, but it also connects your injuries to the crash through medical records—an important step if you later file a claim.

Preserve Evidence If You Can

If you’re physically able, try to gather evidence while still at the scene. Take photos of the damage to your vehicle, your injuries, the road conditions, and the other car. Ask witnesses for their contact information, and note anything unusual—such as open containers, slurred speech, or stumbling—that could help show the other driver was intoxicated. Even if you can’t gather this evidence yourself, your attorney can often retrieve this information later, especially if police are involved.

Understanding Your Legal Rights After a DUI Crash

Can You Sue the Drunk Driver?

Yes. Under Wisconsin law, a person who drives under the influence and causes injury can be held civilly liable. This means you can file a personal injury claim against the driver to seek compensation for your injuries and losses, even if criminal charges are also pursued.

It’s important to understand that a criminal OWI (Operating While Intoxicated) case punishes the driver for breaking the law, but it does nothing to compensate you for your damages. The only way to get financial recovery is through a civil claim, which is where a personal injury attorney becomes essential.

What Compensation Could Be Available?

If you’re injured by a drunk driver in Wisconsin, you may be able to recover a wide range of damages, depending on the severity of the crash and its long-term impact on your life.

You can typically seek reimbursement for:

• Medical expenses, including hospital bills, surgeries, rehabilitation, and ongoing treatment.
• Lost income, if you missed work while recovering or if your injuries will affect your future earning ability.
• Pain and suffering, for the physical and emotional toll the crash has taken on your life.
• Property damage, including repairs or replacement of your vehicle and personal items.
• Permanent disability or disfigurement, which can significantly impact your quality of life.
• Loss of enjoyment of life, particularly if you can no longer do activities you once enjoyed.

In some cases, the court may award punitive damages to punish reckless behavior and deter future misconduct. Drunk driving is often a scenario where punitive damages may apply.

Who Is Financially Responsible?

Typically, the drunk driver’s auto insurance will be the first source of compensation. However, some drivers are underinsured or even uninsured. If the driver’s insurance isn’t enough to cover your damages, you may be able to seek compensation from your own insurance company through uninsured/underinsured motorist (UM/UIM) coverage.

In some cases, third parties may also be held liable. For example, if the driver was on the job at the time of the crash, their employer could potentially be held responsible. And while Wisconsin generally limits actions against alcohol vendors, they can be held accountable if they knowingly served alcohol to an underage minor who later caused a crash.

What If the Drunk Driver Was Arrested?

Even if the driver is facing criminal charges or has already been convicted of DUI, that does not automatically mean you will receive compensation. Criminal cases primarily address punitive measures rather than restitution. Therefore, it is crucial to file a civil claim to seek compensation.

In fact, a DUI conviction can actually strengthen your civil case by serving as strong evidence of negligence. Still, you must move quickly and follow the correct legal procedures to file your injury claim on time.

What If the Drunk Driver Fled the Scene?

Hit-and-run crashes involving drunk drivers are often traumatic and complex. If the at-fault driver can’t be identified, you may still be able to recover compensation through your own auto policy. Most Wisconsin drivers have uninsured motorist coverage, which is designed for situations exactly like this. A lawyer can also help investigate the crash, track down potential surveillance footage, and work with police to try to identify the driver.

Wisconsin’s Time Limits for Filing a Claim

In most personal injury cases, Wisconsin law gives you three years from the date of the accident to file a lawsuit. There are certain circumstances that can affect the timeline, such as cases involving death, minors, or government vehicles.

Don’t wait to take legal action. Evidence can be lost, witnesses’ memories can fade, and insurance companies may use any delay against you. The sooner you speak to an attorney, the better your chances of building a strong case.

Why You Need an Attorney After a Drunk Driving Crash

Drunk driving accident claims are often more complex than they first appear. Insurance companies may try to downplay your injuries or argue that other factors contributed to the crash. In some cases, they may even try to shift partial blame onto you to reduce their payout.

At Lindner Law, LLC, we’re committed to leveling the playing field. Our attorneys will:

• Investigate the crash and gather evidence
• Handle all communication with insurance companies
• Calculate the true value of your damages
• Fight for full and fair compensation
• Take the case to trial if necessary

We offer free consultations, and we don’t get paid unless you do. Your priority is your recovery, while we will handle the legal matters on your behalf.

Take the First Step Toward Justice

Being injured by a drunk driver is a traumatic experience, but you don’t have to go through it alone. At Lindner Law, LLC, we stand up for injury victims across Wisconsin and fight to hold reckless drivers accountable.

If you’ve been hurt in a DUI-related crash, reach out to us today.