Mark A. Eisenberg | April 24, 2026 | Car Accidents
If a drunk driver hits you in Madison, you should seek medical attention right away, call law enforcement, document the scene, and consider speaking with a personal injury attorney. Taking these steps can help protect your health and preserve your right to pursue compensation for your injuries and other losses suffered after a car accident.
Here’s more about what you should know about the next steps.
After a crash involving a suspected drunk driver, your priority should be safety and proper documentation. Taking the right steps early on can make a significant difference in both your recovery and any future legal claim.
Some of the most important steps to take include:
These actions help create a clear record of what happened and support any claim you may file later.
Reporting a drunk driver is not just about your case—it also helps protect others on the road. Law enforcement can investigate the situation and determine whether the driver was impaired.
When you report the accident, it can:
Having a police report and evidence of impairment can play a key role in proving liability.
Yes, you may be able to recover compensation if a drunk driver caused your accident. Driving under the influence is a form of negligence, and impaired drivers can be held financially responsible for the harm they cause.
You may pursue a claim through the at-fault driver’s insurance policy or file a personal injury lawsuit if necessary. The compensation available will depend on the specific facts of your case.
Victims of drunk driving accidents may be entitled to compensation for both financial losses and the personal impact of their injuries. These damages are generally divided into economic and non-economic categories.
Economic damages cover measurable financial losses caused by the accident. Common examples include:
Non-economic damages address the physical and emotional effects of your injuries. Examples include:
In some cases, punitive damages may also be awarded to penalize especially reckless behavior, such as driving under the influence.
Wisconsin law limits when bars or restaurants can be held responsible for drunk driving accidents. In most cases, establishments are not liable simply for serving alcohol to an adult who later causes a crash.
However, there may be limited exceptions, such as when alcohol is provided to an underage person. Determining whether a third party may share liability can be complex and often requires a detailed investigation.
Wisconsin follows a modified comparative negligence rule. This means you may still recover compensation if you are less than 51% at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you are found to be 20% responsible, your compensation would be reduced by that amount.
Handling a drunk driving accident claim can be complex, especially when serious injuries are involved. A lawyer can help guide you through the process and protect your interests.
An attorney may assist by:
Having legal support can help ensure your claim is handled properly from start to finish.
Being hit by a drunk driver can leave you dealing with serious injuries, financial stress, and uncertainty about what comes next. Getting the right information early can make a difference in how you move forward. For more information, contact an experienced Madison car accident lawyer at Eisenberg Personal Injury Lawyers to schedule a free consultation today.
We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.
Eisenberg Personal Injury Lawyers – Madison
121 S. Pinckney St. Suite 400, Madison, WI 53703
(608) 256-8356
Our firm is located near you. We have an office in Madison, WI
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