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  #1  
Old 05-13-2006, 02:36 PM
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Location: chetek, wisconsin
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Hit by drunk driver

Wisconsin, I am confused about some facts. I was hit by a 19 year old who had an alcohol level of .078. Legal limit is .08, but because he wasn't of drinking age, it shouldn't matter what his level was, should it? I want to sue him personally but I have been told that he can just file for Bankruptcy and get out of it. yet Wisconsin law says that Bankruptcy will not dismiss any monies owed for personal injuries/death due to driving intoxicated. But I am being told that he can get out of this because he was not legally drunk. But he isn't even old enough to legally drink? Anyone have a clue if he can get out of this with filing bankruptcy? Thanks for your time.
  #2  
Old 05-13-2006, 02:41 PM
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Was he charged and/or convicted of DUI as a result of this accident?
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  #3  
Old 05-13-2006, 02:45 PM
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charges

He was charged with 6 things. Open container, and Absolute Soberity Law were the 2 related to drinking.
  #4  
Old 05-13-2006, 03:07 PM
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I take it he is still awaiting trial for those things? Talk with the prosecutor and make sure he/she knows you are expecting full restitution. See what they say. If you want punitive damages you still are going to have to sue. Wait and see what he is convicted on and then consult with an attorney. Good Luck!
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  #5  
Old 05-13-2006, 04:17 PM
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Quote:
Originally Posted by tarts05
Wisconsin, I am confused about some facts. I was hit by a 19 year old who had an alcohol level of .078. Legal limit is .08, but because he wasn't of drinking age, it shouldn't matter what his level was, should it? I want to sue him personally but I have been told that he can just file for Bankruptcy and get out of it. yet Wisconsin law says that Bankruptcy will not dismiss any monies owed for personal injuries/death due to driving intoxicated. But I am being told that he can get out of this because he was not legally drunk. But he isn't even old enough to legally drink? Anyone have a clue if he can get out of this with filing bankruptcy? Thanks for your time.

There is still information that is missing in your post, but I am assuming several things
1. That the accident was his fault.
2. That he didn’t have insurance.
3. Assuming that he won’t be convicted of DWI.

Given these assumptions, you can sue and he will more than likely have to pay you. Generally, what will happen is if he doesn’t have insurance and you sue him, he will then have his driver’s license suspended and if he wants it back he will have to fulfill any damages that he incurred. Now it’s true that he can file for bk and he won’t be responsible of the debt itself, but that is civil law. This doesn’t have anything to do with criminal law, so you if he wants his dl back he will have to fulfill any judgment. Now often lawyers don’t like to sue people who have nothing to take, so you might have to look hard to find a lawyer willing to take your case, or perhaps you can do it yourself. Given all of these things said, I am not an expert on WI law, so I included some links on financial responsibility; if this situation applies to you then take a look at them.


[url]http://www.dot.wisconsin.gov/drivers/drivers/traffic/sr-law.htm[/url]



[url]http://www.dot.wisconsin.gov/drivers/drivers/traffic/judgment.htm[/url]
  #6  
Old 05-13-2006, 07:34 PM
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Quote:
Originally Posted by toughluck73
There is still information that is missing in your post, but I am assuming several things
1. That the accident was his fault.
2. That he didn’t have insurance.
3. Assuming that he won’t be convicted of DWI.

Given these assumptions, you can sue and he will more than likely have to pay you. Generally, what will happen is if he doesn’t have insurance and you sue him, he will then have his driver’s license suspended and if he wants it back he will have to fulfill any damages that he incurred. Now it’s true that he can file for bk and he won’t be responsible of the debt itself, but that is civil law. This doesn’t have anything to do with criminal law, so you if he wants his dl back he will have to fulfill any judgment. Now often lawyers don’t like to sue people who have nothing to take, so you might have to look hard to find a lawyer willing to take your case, or perhaps you can do it yourself. Given all of these things said, I am not an expert on WI law, so I included some links on financial responsibility; if this situation applies to you then take a look at them.
None of that matters... All that matters is if he was convicted of a felony...

Any monies owed that arise from a conviction of a felony act are not discharged in a BK...
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Alaska landlord, please don't reply further to my thread, you'll just turn it into another pissing match.
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As tenants, you have no credibility.
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The landlord should not only be allowed to turn off the water, but he should also be allowed to throw OP into the street.
  #7  
Old 05-14-2006, 01:43 AM
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Quote:
Originally Posted by Who's Liable?
None of that matters... All that matters is if he was convicted of a felony...

Any monies owed that arise from a conviction of a felony act are not discharged in a BK...

What makes you think he will be convicted of a felony, or anything else for that matter?

Besides, I clearly stated my assumptions. Sure with more information this position may change. I am just stating a worst case scenario, which is just that a (possible) uninsured motorist hit him (the drunk driver's fault) and he (the OP) wants to collect for damages.
  #8  
Old 05-15-2006, 01:24 AM
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Quote:
Originally Posted by toughluck73
What makes you think he will be convicted of a felony, or anything else for that matter?
See my previous post... Than do some deductive reasoning...

Quote:
Originally Posted by toughluck73
Besides, I clearly stated my assumptions. Sure with more information this position may change. I am just stating a worst case scenario, which is just that a (possible) uninsured motorist hit him (the drunk driver's fault) and he (the OP) wants to collect for damages.
So where is the problem?
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Tenant Advocate

"Alaska landlord" has been permanently banned for providing inaccurate, misleading & potentially dangerous advice. Any of AL's previous posts should be heavily verified by a competent Real Estate Attorney.

Quote:
Originally Posted by Number21 View Post
Alaska landlord, please don't reply further to my thread, you'll just turn it into another pissing match.
Quote:
Originally Posted by Alaska landlord View Post
As tenants, you have no credibility.
Quote:
Originally Posted by Alaska landlord View Post
The landlord should not only be allowed to turn off the water, but he should also be allowed to throw OP into the street.
  #9  
Old 05-15-2006, 07:23 PM
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Join Date: Mar 2005
Posts: 87
Quote:
Originally Posted by Who's Liable?
See my previous post... Than do some deductive reasoning...


So where is the problem?


Show me where the OP said the other guy had been convicted of anything. Besides DWI is not usually a felony, unless you've been caught before (often several times before), so your comments are irrelevant. In any event, he probably will never be charged with any serious crime. Given that said, you aren't adding anything constructive, just moronic comments, and I think what you meant to tell me was "See my previous post... THEN do some deductive reasoning..." You can't even tell the difference between then and than. Get an education.
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