Pedestrian Seriously Injured in Suspected OWI Crash
A 48-year-old man was seriously injured after being hit by a suspected drunk driver in Madison on Friday, September 7. The man was walking near the intersection of Milwaukee Street and Swanton Road at around 1 a.m. when the motor vehicle struck him.
32-year-old Xia Lee of Madison was arrested following the accident. He has been charged with causing injury by intoxicated use of a motor vehicle. The victim’s injuries were considered potentially life-threatening at the time of the crash, but he is expected to survive.
Xia Lee appeared in court for the first time on Monday, September 10. He was ordered not to drink. His next court appearance is scheduled for October.
Liability For Drunk Driving Accidents in Wisconsin
Brian Kent of CrimeVictim.Attorney has experience representing the victims of drunk drivers. We’ve asked him to discuss liability for DUI accidents in Wisconsin:
Like in all other states, Wisconsin residents who are injured in alcohol-related accidents may have the option to file a personal injury lawsuit against the individual responsible for causing the accident. Additionally, the state has dram shop laws which may allow alcohol vendors and other third parties to be held liable for injuries suffered in a DUI or other alcohol-related accident. However, Wisconsin’s dram shop laws are much more restrictive than most other states.
In order to have grounds for a lawsuit against an alcohol vendor or social host in Wisconsin, the victim’s lawyer must establish that the alcohol was either:
- Served by force or deception (such as falsely claiming that the beverage is alcohol-free), or
- Served to a minor who is under 21, and the alcohol was a “substantial factor” in the resulting injury.
If you or someone you love was injured or killed after being hit by a drunk driver in Wisconsin, we advise speaking with an experienced DUI victim lawyer to learn more about your legal options.
Swanton Road and Milwaukee Street in Madison