Fault in Wisconsin car accidents is determined by a preponderance of the evidence. This evidence might include traffic camera footage of the accident, testimony from eyewitnesses who saw what happened, and physical evidence like skidmarks on the road surface. If a court concludes that it is more likely than not that a driver’s actions caused a collision, that driver is at fault for the crash and financially responsible for its consequences.
Wisconsin’s Comparative Negligence Rule
Wisconsin’s comparative negligence law applies when the person injured in a car accident was also partially to blame for the crash. The court hearing a car accident case will weigh the evidence presented to it by both the injured person and the defendant, then assign each a percentage of fault. Any percentage it assigns to the injured party will reduce that person’s compensation proportionally. For example, an injured person found to be 30 percent at fault in a crash can recover only 70 percent of the compensation they would otherwise have been awarded. And if the court finds them to be more than 50 percent at fault, they can’t recover any compensation at all.
Key Evidence Used to Determine Fault
Wisconsin car accident fault can be established through evidence like:
- Photos of the accident scene, vehicle damage, and road conditions
- Dashboard, traffic, or security camera footage of the crash
- Statements from eyewitnesses who saw what happened
- Data from the vehicle’s event data recorder (EDR) showing its speed and braking
- Physical evidence from the scene, such as skid marks and debris
- Cell phone records or other evidence of distracted driving
- Toxicology reports showing impaired driving
How Insurance Companies Investigate Fault
Insurance companies investigate car accidents with an eye on limiting their financial exposure. They will examine police reports, interview involved parties and eyewitnesses, and recover data from the vehicles’ on-board computers. In complex cases, they might work with accident reconstruction experts who can turn this evidence into a narrative recreation of what happened and why.
Throughout the process, however, they will seek to minimize their policyholder’s share of fault in order to reduce the amount they have to pay out in claims. Don’t make the mistake of relying on an insurance company’s version of events. Instead, hire a car accident lawyer to independently investigate the crash and determine who’s at fault.
Why Your Fault Percentage Matters and How a Car Accident Attorney Can Help
Your percentage of fault matters because of the Wisconsin comparative negligence car accident rule. Any percentage of fault you bear for the accident will reduce your compensation proportionally. For example, if you would have recovered $100,000 but are found to be 20 percent at fault, your verdict or settlement amount would be reduced to $80,000. The law underscores the importance of having an experienced lawyer on your side. They can recover key evidence to aid in their fight to reduce your share of fault and increase your compensation accordingly.
Questions About How Fault Is Determined in a Car Accident? Contact LawtonCates Today for a Free Consultation
Now that you know more about car accident liability in Wisconsin, it’s time to get the legal help you need to demand maximum compensation. Contact LawtonCates today for a free consultation, and let us investigate what happened to establish who’s at fault for your injuries.
