Passenger Killed, Bicyclist Injured After Motorcycle Strikes Bicycle in Calumet County
On Wednesday, charges were filed against a 22-year-old motorcycle driver who was involved in a suspected DUI crash that left his passenger dead and a 13-year-old bicyclist critically injured on Sunday.
Codi Miller of Kaukauna faces a litany of charges, including:
- Drunken driving while having a prior intoxicant-related conviction or revocation
- Homicide by driving with a prohibited alcohol concentration while having a prior intoxicant-related conviction
- Knowingly driving while revoked causing death
- Driving while intoxicated causing injury
- Driving with a prohibited alcohol concentration causing injury
- Knowingly driving while revoked causing great bodily harm
- Failing to install an ignition interlock device
Additionally, Miller has three previous drunk driving conditions and was tested at 0.21, nearly three times the legal limit.
Police say Miller was driving his motorcycle east on Calumet County KK Sunday with his passenger, 53-year-old Kimberly M. Anderson. He crashed into a 13-year-old Appleton boy who was bicycling south across County KK at State Park Road. Miller was brought to ThedaCare Regional Medical Center-Neenah with non-life-threatening injuries. Anderson died at the scene.
The boy was flown to Children’s Hospital of Milwaukee. As of Tuesday evening, he was listed in critical condition.
Legal Recourse For Drunk Driving Victims in Wisconsin
Attorney contributor Brian Kent of CrimeVictim.Attorney would like to offer some information on the legal options available to victims of drunk drivers:
In Wisconsin and all 50 states, those who have been injured by drunk drivers often have grounds for a personal injury claim against the driver. Additionally, in some cases, drunk driving injury victims and the families of those killed by drunk drivers may have the option to take legal action against a business (e.g. a bar, nightclub, restaurant, etc.) or social host who provided alcohol to the intoxicated driver.
Wisconsin’s dram shop laws are more restrictive than most other states. In this state, there is a statute which prohibits civil liability for those who provide alcohol to drunk drivers, including both businesses and social hosts. However, there are a couple of exceptions to this law:
- When alcohol is served by force or deception
- When alcohol is provided to a minor and is a “substantial factor” in causing an injury
Victims of drunk drivers and their families should consider speaking with an experienced DUI victim lawyer to gain a better understanding of their legal options.
Intersection of State Park Rd and Highway KK