Suing an Intoxicated Driver for a Car Collision in Wisconsin
In Wisconsin, suing a drunk driver allows you to seek both compensatory and uncapped punitive damages. Because state laws provide strong immunity to bars and social hosts, your lawsuit will primarily target the intoxicated driver and their auto insurance.
Being injured by a drunk driver is one of the most enraging experiences a person can endure. In Wisconsin, the legal term for drunk driving is Operating While Intoxicated (OWI). When a driver chooses to get behind the wheel after drinking at a bar in Waukesha, a festival in Appleton, or a house party in Eau Claire, they are putting everyone on the road in severe danger. If you are the victim of an OWI crash, the criminal justice system will punish the driver with fines and jail time. However, the criminal court does not pay your medical bills, replace your totaled car, or compensate you for your pain and suffering. To get justice for your financial and physical losses, you must file a separate civil auto lawsuit.
Navigating a civil lawsuit alongside an ongoing criminal investigation requires strategic timing and aggressive legal action. Because insurance companies will try to minimize your payout, it is highly recommended to hire an experienced personal injury attorney from our directory. They can handle the aggressive litigation required to hold the intoxicated driver fully accountable in civil court.
Punitive Damages in OWI Crashes
In a standard car accident caused by someone running a red light or texting, you can generally only sue for 'compensatory damages'-money that reimburses you for medical bills, lost wages, and pain and suffering. However, an OWI crash is not a standard accident. Because drunk driving is an intentional and highly dangerous act, Wisconsin allows victims to seek 'punitive damages.'
Under Wis. Stat. § 895.043, punitive damages are designed to punish the wrongdoer and deter others from making the same reckless choice. In most civil cases in Wisconsin, punitive damages are capped at $200,000 or twice the amount of compensatory damages, whichever is greater. However, the law provides a massive exception for drunk drivers: there is no cap on punitive damages if the at-fault driver was operating a vehicle while intoxicated. A jury at the Waukesha County Circuit Court, Waukesha or the Outagamie County Circuit Court, Appleton can award whatever amount they deem necessary to punish the driver's egregious behavior.
Wisconsin's Dram Shop Law (Social Host Immunity and Rare Exceptions)
Many victims wonder if they can sue the bar, restaurant, or social host who overserved the drunk driver. In some states, this is known as 'dram shop liability.' However, Wisconsin is famous for its strong drinking culture, and the state legislature has heavily protected the hospitality industry.
Under Wis. Stat. § 125.035, Wisconsin grants broad civil immunity to anyone who provides alcoholic beverages to another adult. This means that if a bartender serves ten shots to a visibly intoxicated patron who then causes a crash, the bar is generally completely shielded from liability. This strict immunity was affirmed in the precedent case Stephenson v. Universal Metrics, Inc., 251 Wis. 2d 171 (WI Supreme Court 2002).
There is, however, one rare and critical exception: providing alcohol to a minor. If a bartender, liquor store, or social host knowingly provides alcohol to someone under the legal drinking age of 21, and that underage driver causes a crash, the immunity vanishes. In that specific scenario, your attorney can name the establishment or the adult host as a defendant in your lawsuit.
Surviving Passengers Suing a Drunk Driver
It is not just the occupants of the other vehicle who can sue. If you were a passenger riding inside the drunk driver's car when the crash occurred, you have the absolute right to sue the driver for your injuries. Some passengers feel guilty suing a friend or family member, but it is important to remember that you are typically seeking compensation from their auto insurance company, not taking money directly out of their bank account.
The insurance company may try to argue 'contributory negligence,' claiming you should not have gotten into the car if you knew the driver was intoxicated. A skilled lawyer can fight this tactic by proving you did not know the extent of their impairment or that you had no other safe way to get home.
How a Criminal OWI Conviction Speeds Up the Civil Settlement
The civil and criminal tracks of an OWI case often run parallel. The drunk driver will likely face criminal charges under Wis. Stat. § 346.63 for Operating Under the Influence. While you do not need the driver to be convicted in criminal court to win your civil lawsuit, a conviction is the ultimate leverage.
If the driver pleads guilty or is convicted by a jury in criminal court, your civil attorney can use that conviction as proof of 'negligence per se.' This legal doctrine means that because the driver broke a safety law, they are automatically presumed negligent in the civil case. Once a conviction occurs, auto insurance companies usually stop trying to fight the liability portion of the claim and focus entirely on negotiating the settlement amount, dramatically speeding up your payout.
Frequently Asked Questions (FAQ)
Will the drunk driver's insurance cover punitive damages?
It depends on the specific language of the driver's insurance policy. Many standard auto policies explicitly exclude coverage for punitive damages. If excluded, the driver would be personally responsible for paying that portion of the judgment, which can complicate collection efforts.
What if the drunk driver was uninsured?
If the OWI driver had no insurance, your attorney would look to your own Uninsured Motorist (UM) coverage, which is mandatory in Wisconsin. Your own insurance company would step in to pay your medical bills and injury claims up to your policy limits.
How long do I have to sue a drunk driver in Wisconsin?
For personal injury claims arising from a car accident, Wisconsin law generally gives you three years from the date of the crash to file a lawsuit in civil court. Missing this deadline means you lose your right to sue forever.
Can I get compensation if I was partially at fault for the crash?
Yes. Wisconsin follows a 'modified comparative negligence' rule. As long as you are found to be 50% or less at fault for the collision, you can still recover damages, though your payout will be reduced by your percentage of fault.
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