Understanding Comparative Negligence in Wisconsin Auto Accidents

Introduction

Car accidents are stressful enough, but what happens when you’re partially responsible for the crash? In Wisconsin, understanding how comparative negligence works is crucial for anyone involved in a car accident where fault is shared. Whether you were only slightly at fault or more significantly involved, knowing how shared fault impacts your claim can help protect your rights and ensure you receive the compensation you deserve.

This guide will walk you through the ins and outs of comparative negligence in Wisconsin, how shared fault affects your claim, and what steps you can take to secure the best possible outcome.

What is Comparative Negligence?

Comparative negligence is a legal doctrine used in many states, including Wisconsin, to allocate fault in accidents where more than one party is responsible. It allows courts to assign a percentage of fault to each party involved in the accident.

In Wisconsin, comparative negligence follows a modified comparative negligence system. This means that if you are 50% or less at fault, you are still eligible for compensation, but the amount you can recover is reduced based on your percentage of fault. If you are found to be more than 50% at fault, you cannot recover compensation from the other party.

Comparative negligence is different from contributory negligence, which bars recovery altogether if you are found to be even slightly at fault. The key takeaway here is that in Wisconsin, you can recover compensation even if you share some of the blame, but the amount will be impacted by how much fault is assigned to you.

How Shared Fault Affects Car Accident Claims in Wisconsin

In Wisconsin, shared fault plays a significant role in determining how much compensation you’re entitled to after an accident. If you’re partially at fault, your percentage of fault will be subtracted from your total damages award.

For example, if you are in a car accident and the total damages amount to $10,000, but you are found to be 20% at fault, your compensation will be reduced by 20%. So, you would be eligible to receive $8,000 instead of the full $10,000.

Here’s how shared fault can impact your compensation:

• If you’re 100% at fault, you won’t be able to recover any compensation.
• If you’re 50% or less at fault, you can still recover compensation, but it will be reduced based on your share of the fault.

Understanding how fault is assigned and how it affects your compensation is crucial. This is where a knowledgeable personal injury lawyer can be an invaluable resource to ensure your claim is handled properly.

Understanding Fault Percentages and Their Impact

When determining fault in Wisconsin, several factors are considered, including:

• Police reports: Law enforcement documents the scene, often providing key details about the accident.
• Witness statements: Eyewitnesses can provide insight into what happened, helping to clarify who was at fault.
• Physical evidence: Skid marks, vehicle damage, and road conditions are all used to assess who is responsible for the accident.
• Expert testimony: Sometimes, accident reconstruction experts are hired to provide professional opinions on how the accident occurred and who should be held responsible.

Let’s say you’re in an accident where both you and the other driver share some fault. If you are assigned 30% of the fault for running a stop sign and the other driver is assigned 70% for speeding, your compensation will be reduced by 30%. So, if your total damages amount to $20,000, you would be eligible to recover $14,000.

Understanding how fault percentages work and how evidence can impact those percentages is important when navigating an accident claim in Wisconsin.

Navigating Wisconsin’s Negligence Laws

In Wisconsin, the law divides negligence into two primary categories:

• Ordinary negligence: This is the failure to act with reasonable care, like not paying attention while driving, failing to yield, or running a red light.
• Gross negligence: This is a more severe form of negligence, where someone’s actions show a reckless disregard for the safety of others. Examples might include texting while driving or speeding through a red light at high speed.

Wisconsin law considers both types of negligence in car accident claims. However, gross negligence can sometimes lead to higher compensation, particularly if punitive damages are involved, as the court may consider the other party’s actions to be particularly egregious.

When making a claim, understanding whether the other party acted negligently or grossly negligently can make a difference in the outcome of your case. A legal expert can help you navigate these nuances and fight for the compensation you deserve.

Case Examples: Real-Life Applications of Comparative Negligence

To give you a better idea of how comparative negligence works, here are a few hypothetical scenarios:

Case 1:
A driver runs a red light while you’re making a left turn. You didn’t check for traffic and didn’t yield. The police assign 60% of the fault to the other driver for running the light, and 40% to you for failing to check. Your damages are $15,000. Because you’re 40% at fault, your compensation is reduced by $6,000, and you’re eligible to receive $9,000.

Case 2:
You and another driver are both traveling on the highway. You change lanes without signaling, and the other driver swerves to avoid hitting you, but they lose control and crash. The police assign 20% of the fault to you for failing to signal and 80% to the other driver for overcorrecting. Your total damages are $25,000, but after applying the 20% fault, you’re entitled to $20,000.

These cases illustrate how shared fault percentages directly affect the amount of compensation you can recover.

How to Protect Your Rights When You’re Partially at Fault

If you’re partially at fault in an accident, protecting your rights is crucial. Here’s what you should do:

• Gather evidence: Document everything. Take pictures of the scene, vehicles, injuries, and anything else that could help prove your case.
• Get witness statements: If anyone saw the accident, get their contact information. Their testimony can be valuable.
• Seek medical attention: Even if you feel fine, seeing a doctor right away creates an official record of your injuries.
• Consult an attorney: A skilled personal injury attorney can help you build a strong case, challenge unfair fault assignments, and ensure you receive fair compensation.

Having legal counsel can help you navigate the complexities of comparative negligence and ensure you don’t settle for less than you deserve.

The Role of Insurance Companies in Shared Fault Claims

Insurance companies often have their own way of handling shared fault claims. When you file a claim, the insurer will evaluate the evidence and assign fault percentages. They will also consider whether you are covered under your policy or the other driver’s insurance.

Be aware that insurance companies may try to shift some of the fault onto you to minimize the amount they pay out. This is where having an attorney on your side can be crucial in ensuring they don’t unfairly reduce your compensation.

The Importance of Legal Representation in Shared Fault Cases

If you’re partially at fault for an accident, hiring a personal injury lawyer is essential. A skilled attorney can:

• Help you gather and organize evidence: A lawyer will ensure all necessary evidence is collected, including photos, witness statements, and police reports, to support your case.
• Challenge the insurance company’s fault assessment: Insurance companies often try to minimize their payout. An experienced attorney will work to ensure that the fault assigned to you is fair and accurate.
• Negotiate on your behalf to ensure fair compensation: Negotiating with insurance companies can be tough, especially when fault is shared. A lawyer will fight for your best interests and aim to maximize your compensation.

At GLR Injury Attorneys, we have experience handling shared fault cases in Wisconsin. We’ll work tirelessly to protect your rights and ensure you receive the compensation you deserve, no matter your level of fault in the accident. Let us handle the legal complexities while you focus on recovering.

Conclusion

Understanding comparative negligence in Wisconsin is crucial for anyone involved in a car accident, especially if you are partially at fault. Shared fault can reduce the amount of compensation you can recover, but with the right knowledge and legal representation, you can still fight for the compensation you deserve.

If you’re involved in an accident where fault is shared, GLR Injury Attorneys can guide you through the process, help you understand your rights, and ensure that your case is handled with the care it deserves. Don’t face the challenges of shared fault alone—contact us today for a consultation.

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