Injured by a Drunk Driver in Madison?

If you were hit by a driver you believe was intoxicated, call 911 immediately. Tell the dispatcher that you suspect the other driver may be impaired — this ensures law enforcement responds with the tools and authority to conduct field sobriety testing and chemical (blood or breath) testing.

Your safety comes first. Get medical attention for yourself and any passengers. Do not approach or confront the drunk driver — impaired individuals can be unpredictable and aggressive.

Under Wisconsin law, you are required to report any accident involving injury, death, or property damage exceeding $1,000. The police report — including any impairment observations, field sobriety test results, and blood alcohol content (BAC) readings — becomes critical evidence for your claim.

While you wait for police, note anything that suggests the other driver was impaired: the smell of alcohol, slurred speech, unsteady movement, bloodshot eyes, open containers in the vehicle, or erratic behavior. Write these observations down as soon as you can.

If there are witnesses who observed the other driver’s behavior before the crash — swerving, running red lights, driving the wrong way — get their names and contact information. Witness testimony about pre-crash driving behavior is powerful evidence of intoxication.

Photograph the scene, including the other driver’s vehicle, any open containers you can see, the road conditions, and your injuries and vehicle damage.

Drunk driving crashes often produce severe injuries due to the high speeds and impaired reaction times involved. Intoxicated drivers frequently fail to brake before impact, meaning collisions happen at full speed.

Get to a hospital or have paramedics transport you. UW Hospital and Clinics (Level I Trauma Center) and SSM Health St. Mary’s Hospital (Level II Trauma Center at 700 S. Brooks Street) are Madison’s primary options for serious trauma. For less severe injuries, UnityPoint Health-Meriter or Dane County urgent care facilities can help.

See a doctor even if you feel fine. Adrenaline masks pain, and injuries like concussions, whiplash, and internal bleeding frequently have delayed symptoms. A prompt medical evaluation creates the documented link between the crash and your injuries.

If police responded, they will generate a report. If the driver was arrested for OWI (Operating While Intoxicated) — Wisconsin’s term for drunk driving — the report will include BAC results and arrest details.

Wisconsin’s legal BAC limit is 0.08% for most drivers and 0.04% for commercial vehicle operators. However, a driver can be charged with OWI even below 0.08% if their driving was impaired.

To request a copy of the police report, contact the Madison Police Department Records Section at (608) 255-2345 or visit 211 S. Carroll Street, Madison, WI 53703. For accidents on state highways, request reports from WisDOT.

The criminal case against the drunk driver proceeds separately from your civil injury claim — but the evidence from the criminal case (BAC results, officer observations, field sobriety tests) can be used in your personal injury case.

The drunk driver’s insurance company will contact you. Despite the clear evidence of impairment, they will still try to minimize your claim. Do not give a recorded statement. Do not accept any settlement offer without consulting an attorney.

Drunk driving accident claims often involve larger damages than typical car accidents — both because injuries tend to be more severe and because punitive damages may be available. Settling early almost certainly means leaving significant compensation on the table.

In most car accident cases, you can recover compensatory damages — medical expenses, lost wages, pain and suffering. But when the at-fault driver was intoxicated, Wisconsin courts may also award punitive damages.

Punitive damages are designed to punish particularly egregious conduct and deter others from similar behavior. Choosing to drive drunk is the kind of reckless, conscious disregard for others’ safety that can justify punitive damages under Wisconsin law.

Punitive damages are in addition to your compensatory damages and can significantly increase the total value of your claim.

Wisconsin’s dram shop law (Wis. Stat. § 125.035) is more limited than in many states but still provides a potential avenue for additional compensation. Under this statute, a person who provides alcohol to a minor (under 21) can be held liable for damages caused by that minor while intoxicated.

For adults, Wisconsin’s dram shop liability is more restricted — bars and restaurants are generally not liable for serving alcohol to visibly intoxicated adults. However, there are exceptions, and if the drunk driver who hit you was a minor or if alcohol was provided illegally, there may be additional liable parties beyond just the driver.

If the drunk driver was at a Madison bar, campus house party, or restaurant before the crash, preserving evidence of where they were drinking and how much they consumed can be important for your claim.

Drunk driving accident cases involve unique legal opportunities that don’t exist in typical car accident claims — punitive damages, potential dram shop liability, and strong evidence from the criminal case. An experienced attorney can: use the criminal case evidence (BAC results, arrest records, officer testimony) to strengthen your civil claim, pursue punitive damages in addition to compensatory damages, investigate dram shop liability if the driver was served alcohol illegally, calculate the full value of your claim including future medical needs, negotiate with the driver’s insurer or take the case to trial in Dane County Circuit Court.

Statute of limitations: Under Wis. Stat. § 893.54, you have three years to file a personal injury lawsuit. Wisconsin’s modified comparative negligence rule (Wis. Stat. § 895.045) applies — though in drunk driving cases, the injured victim is rarely found to share fault.