Dealing with the aftermath of a car accident is never easy. You may be faced with serious injuries, medical bills, vehicle repairs, and lost wages from missed work. Amidst all this stress and upheaval, you also need to determine who was at fault for the crash so that you can recover the compensation you deserve. While this process can feel overwhelming, understanding how fault is decided can help you navigate the path forward.
A Milwaukee car accident lawyer can be a crucial ally in this process, helping you gather evidence, negotiate with insurance companies, and build a strong case for the compensation you need. Wisconsin follows a comparative negligence system, meaning that even if you were partially at fault, you might still be entitled to recover damages.
Is Wisconsin a Fault or No-Fault Car Accident State?
Wisconsin operates under a fault-based system for car accidents. This means the driver who caused the accident bears financial responsibility for damages like medical repairs, property damage, and lost wages. Typically, the at-fault driver’s insurance company covers these costs up to their policy limits.
Because Wisconsin is a fault state, every driver must carry liability insurance coverage so that they can uphold this financial responsibility. The minimum insurance requirements are as follows:
- $25,000 for injury or death to one person per accident
- $50,000 total for all injuries or deaths in a single accident
- $10,000 for property damage per accident
After a Wisconsin car accident, you have several options to pursue compensation. You can file a claim with your own insurance if you have appropriate coverage, file a third-party claim with the at-fault driver’s insurance, or file a lawsuit against the responsible driver.
What Evidence Can Be Used to Establish Liability?
Proving fault in a car accident requires substantial evidence. You and your attorney will need to gather and preserve all available documentation after the collision, such as:
- Police Reports: These official documents contain details about the accident, including officer observations, statements from drivers and witnesses, and sometimes a preliminary determination of fault.
- Witness Testimony: Statements from people who saw the accident happen can provide unbiased accounts of the events leading to the collision and help establish which driver was responsible.
- Photographic Evidence: Pictures of vehicle damage, accident scene conditions, skid marks, traffic signals, and visible injuries create a visual record that can strongly support your version of events.
- Video Footage: Surveillance cameras from nearby businesses, dashcams, or traffic cameras might have captured the accident, providing clear evidence of how it occurred.
- Medical Records: After a car accident, you should always seek medical care, no matter how minor your injuries may seem. Medical documentation helps link your injuries directly to the accident and may help to verify their severity and impact on your life.Â
How Does Comparative Negligence Work in Wisconsin?
In some cases, you as an injured driver may bear some responsibility for the accident. In these situations, Wisconsin’s modified comparative negligence rule can impact your final compensation.
Under this system, each driver is assigned a percentage of fault for the accident based on their actions. You can recover damages as long as you’re found to be less than 51% responsible for the crash. However, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 20% at fault, you will receive $80,000.
Contact a Wisconsin Car Accident Lawyer Today
Proving fault in a Wisconsin car accident can be a complex process that requires substantial resources. In these situations, trust an attorney to investigate your crash, gather compelling evidence, and build a convincing case for maximum compensation. After seeking medical care, contact us at Cannon & Dunphy S.C. to schedule a free legal consultation to discuss your accident and plan your next steps.