A Wisconsin man was allegedly drunk and driving when the car he was in slammed into a tree. A witness discovered the driver’s vehicle after the car accident. The man authorities believe was the driver was behind the wheel of the car at the time the witness came upon the scene.

Prosecutors have since discovered that the man they believe was driving the car had a blood alcohol level of 0.12percent at the time of the crash. The legal limit in our state is 0.08, so according to these results, the driver’s blood alcohol level was one-and-a-half times that limit. One passenger in the vehicle sustained injuries that included a broken hip, and a passenger in the backseat was found dead.

The medical examiner determined that the injuries suffered by the deceased passenger were of the type they would expect from a car accident. Sources did not mention how long the vehicle had been there before the witness discovered it. The driver has been charged with several felonies including homicide and injury due to intoxication.

As prosecutors handle the criminal proceedings against the driver, the driver may also end up in civil court defending himself against a wrongful death claim. This claim may be filed by the family of the deceased passenger in accordance with Wisconsin law. If that passenger’s family is able to prove that the driver was negligent and that the driver’s actions caused or contributed to the untimely death of their loved one, the court may award them the costs and damages they have incurred as the result of their loss. If the driver is convicted of a crime in connection with the death of the passenger resulting from the car accident, the family may use that conviction as proof of the driver’s negligence.

Source: fox11online.com, “Milwaukee man charged after fatal crash,” Feb. 6, 2013