While many accidents are a single person’s fault, others happen because of mistakes by several different people.
Sometimes, the person who’s injured in an accident may share responsibility for causing it, in which case the comparative fault rule comes into play.
The rule makes every at-fault party, including an injured person, responsible for a share of losses resulting from an accident equal to their share of fault.
In other words, comparative negligence in Wisconsin can limit an injured party’s ability to recover compensation for the expenses or losses stemming from their injuries.
What Is Wisconsin’s Comparative Fault Rule?
Under the Wisconsin comparative fault rule, an injured party’s fault does not bar them from financial recovery as long as they are not primarily at fault for the crash.
However, if an injured party bears a majority of the fault, they cannot recover compensation.
In other cases, when an injured party has some responsibility for the accident that injured them, a court will reduce any compensation awarded at trial in proportion to the percentage of fault attributed to them.
How Is Fault Percentage Actually Decided?
The comparative fault rule typically applies at trial in a personal injury lawsuit, with the jury assigning percentages of fault to each at-fault party based on the evidence presented.
Juries may rely on evidence to determine what happened in an accident and how each party may have contributed to it.
This evidence might include the following:
- Accident reports
- Witness statements
- Surveillance footage
- Accident reconstruction reports
- Other expert testimony
Why Insurance Companies Push Comparative Fault Arguments
Insurance companies may rely on the comparative fault rule to minimize or avoid liability for accident injuries.
By arguing that an injured person shares some fault for the accident, an insurer may push harder for a lower settlement or face a smaller award at trial. Alternatively, insurance companies may try to avoid liability for an accident altogether.
They might do so by arguing that an injured claimant bears a majority of the fault for the accident, which would preclude them from financial recovery under Wisconsin’s comparative fault rule.
How LawtonCates Fights Unfair Fault Allocations
If you’ve been falsely accused of sharing responsibility for the accident that injured you, get legal help immediately.
LawtonCates, S.C. can work tirelessly to push back against such allegations and demand maximum compensation for your harm and loss.
Our firm will investigate the accident or incident that caused your injury thoroughly to secure all available evidence. We may also work with experts to persuasively explain what happened in the accident and show that you are not responsible or are less at fault than claimed.
Contact LawtonCates for a Free Case Review
If you’re being accused of sharing fault for the accident that injured you, the comparative negligence doctrine may play a role in determining your financial recovery.
Contact LawtonCates, S.C. today for a free consultation with an experienced personal injury attorney to learn more about how comparative fault rules could affect your right to recover compensation in a Wisconsin injury claim.
