Mudge Porter Lundeen & Seguin, S.C.
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Drunk driver admits texting before crash

Just after midnight on May 19, an unidentified vehicle was traveling northbound on 13th Street when it rear-ended a motorcycle. The motorcyclist fell from the bike, hitting his head on the ground. Traffic in the area had slowed for a red light prior to the car accident. There had been heavier than usual traffic on that road earlier in the day because I-94 was closed between the Milwaukee-Racine County line and Rawson Avenue.

The driver of the car was arrested on suspicion of driving under the influence. It was not stated what the driver's blood alcohol content was or what may have led police to believe he was drinking. Police reports indicate that the driver admitted not looking at the road because he was sending a text message.

A witness who called 911 to report the accident stated that the motorcycle rider was unconscious but breathing. He was transported to a local hospital for treatment of non-life-threatening injuries.

A person who causes a motor vehicle accident may be legally required to compensate victims of the accident for their injuries. Evidence that a person was driving under the influence prior to an accident is considered per se evidence that the person was negligent. A person cannot argue safe, careful driving, despite being drunk. Similarly, a person who is texting while driving will be presumed not to have been driving carefully. A local personal injury attorney may be able to compile evidence related to the accident, negotiate with insurance companies or file suit to insure justice for injured parties. A victim of a car accident may be entitled to receive a judgment to compensate for medical bills, lost wages, property damage and pain and suffering.

Source: Oak Creek Patch, "Police: Driver in Crash Was Drunk, Texting", Mark Schaaf, May 21, 2013

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Mudge Porter Lundeen & Seguin, S.C.
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Hudson, WI 54016

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