When you’ve been involved in a car accident in Milwaukee, one of the most critical aspects of your claim is establishing liability. Liability refers to the legal responsibility for the accident and the resulting damages. By determining fault, you can hold the correct parties accountable and recover the compensation you need to move forward with your life.
When you’ve been involved in a car accident in Milwaukee, one of the most critical aspects of your claim is establishing liability, and a Milwaukee car accident lawyer can help gather evidence, prove fault, and ensure you receive the compensation you deserve.
The Elements of Fault in a Wisconsin Car Accident Claim
To establish liability in a car accident case, four key elements must be proven: duty of care, breach of duty, causation, and damages. Every driver has a legal obligation, or duty of care, to operate their vehicle safely and responsibly. When a driver fails to uphold this duty by engaging in negligent behaviors like speeding, running red lights, or driving while distracted, they have breached their duty of care.
However, proving a breach of duty isn’t enough. You must also demonstrate that the driver’s negligent actions directly caused the accident. This is known as causation. Finally, you must show that you suffered damages as a result of the accident, such as medical expenses, property damage, or pain and suffering.
Types of Evidence Used to Determine Liability
To prove liability in a car accident claim, you will need to gather substantial evidence. Different types of evidence work together to create a clear picture of what happened and who bears responsibility:
- Police Reports: The police report from the accident scene can provide valuable information, including the positions of the vehicles, any injuries reported, and initial statements from the involved parties.
- Physical Evidence: Photographs and videos of physical evidence at the scene, such as skid marks, vehicle damage, and debris, can help accident reconstruction experts determine how the collision occurred and identify the cause.
- Witness Testimony: If there were any eyewitnesses to the accident, their accounts can offer important insights into how the accident unfolded and help establish causation.
- Medical Records: Your medical records document the injuries you sustained in the accident and help link them directly to the collision.
- Video Footage: If the accident was captured on surveillance cameras or dash cams, this footage can provide compelling visual evidence to support your claim.
Wisconsin’s Comparative Negligence Laws
Wisconsin operates under a modified comparative negligence system that allows you to recover damages even if you share some fault for the accident.
As long as you are 50% or less responsible, you can still pursue compensation, though your recovery will be reduced by your percentage of fault. For instance, if you are awarded $100,000 but found 20% at fault, you’ll receive $80,000. However, if you are found 51% or more responsible, you cannot recover any compensation.
Get Help Proving Liability in Your Milwaukee Car Accident Claim
From gathering evidence to defending against accusations of fault, establishing fault can be a complex and stressful undertaking. That’s why it’s essential to have a Milwaukee car accident lawyer on your side. An attorney will be your advocate through the process, upholding your side of the story and fighting for the compensation that you deserve.
Do not wait to seek legal representation after a car accident. Most Milwaukee car accident attorneys offer free initial consultations where you can discuss your case and learn about your legal options. Take advantage of this opportunity—contact a Milwaukee personal injury attorney at Cannon & Dunphy S.C. today to discuss your next steps and start building your case.