After a car accident, it is not always clear who was responsible. Maybe you were driving a little over the speed limit, did not see another vehicle in time, or were involved in a collision where both drivers made mistakes.
If you were partly at fault for a car accident in Wisconsin, you may be wondering whether you can still recover compensation for your injuries.
The good news is that being partly at fault does not automatically prevent you from filing a personal injury claim.Wisconsin law allows injured people to recover damages in many cases where more than one party contributed to an accident. However, the amount of compensation you may receive depends on how fault is determined.
How Does Wisconsin’s Comparative Negligence Law Work?
Wisconsin follows a modified comparative negligence rule under Wisconsin Statute § 895.045. This law determines how responsibility is divided when a person’s own negligence contributed to an accident or injury.
Under this rule, you may recover compensation if your percentage of fault is not greater than the percentage of fault attributed to the person against whom you are seeking recovery. Your compensation is then reduced by your share of responsibility.
If you are found to be more than 50% at fault, you generally cannot recover damages from another negligent party under this rule.
For example, if the other driver was 80% responsible for the accident and you were 20% responsible, you may still be able to recover compensation. Your damages would be reduced by 20%.
This means that even if you made a mistake that contributed to the car crash, you may still have a valid personal injury claim.
How Does Partial Fault Affect Your Compensation?
The percentage of fault assigned to you can make a significant difference in the amount you may recover.
Consider this example: You are injured in a car accident, and your total damages are determined to be $100,000. These damages may include medical expenses, lost wages, pain and suffering, and other losses supported by your claim.
If you are found to be 20% at fault, your potential recovery would be reduced by 20%, leaving $80,000.
Here is how different fault percentages could affect the same $100,000 in damages:
- 0% at fault: $100,000 in potential compensation
- 20% at fault: $80,000 in potential compensation
- 40% at fault: $60,000 in potential compensation
- 50% at fault: $50,000 in potential compensation
- 51% at fault: Generally no recovery against another negligent party under Wisconsin’s comparative negligence rule
These examples are for illustration only. Actual compensation depends on the evidence, the damages established, and the legal circumstances of the case.
Who Determines Who Was at Fault in a Car Accident?
Determining fault is not always straightforward. An insurance company may investigate the accident and assign percentages of responsibility when evaluating a claim. If the parties disagree and a lawsuit is filed, a court or jury may ultimately determine fault based on the evidence.
Factors that may be considered include:
- Police reports and statements made at the scene
- Photos and videos of the accident and vehicle damage
- Statements from witnesses
- Traffic signals, road conditions, and applicable traffic laws
- Vehicle speeds, following distances, and driver actions
- Medical records and evidence of the injuries sustained
For example, one driver may have been speeding while the other failed to yield at an intersection. Both actions could have contributed to the collision. The evidence helps establish how each driver’s conduct contributed to the accident and resulting injuries.
An insurance company’s initial assessment is not necessarily the final word on fault. If you believe the insurer has unfairly assigned you too much responsibility, you may have options to challenge that assessment.
What If the Insurance Company Says You Were Partly Responsible?
After an accident, the other driver’s insurance company may argue that you contributed to the crash. This can affect settlement negotiations and reduce the amount the insurer is willing to offer.
However, you do not have to automatically accept the insurer’s assessment of fault.
If an insurance company claims you were partly responsible, consider taking the following steps:
1. Review the evidence. Gather photos, witness information, police reports, and any available video footage that may help explain what happened.
2. Keep records of your injuries and expenses. Save medical records, bills, receipts, and documentation of time missed from work. These records can help establish the extent of your losses.
3. Be careful when discussing fault. Stick to the facts when speaking with insurance representatives. Avoid guessing about what happened or accepting responsibility before you have a clear understanding of the circumstances.
4. Consider getting legal advice. A personal injury attorney can review the evidence, explain how Wisconsin’s comparative negligence law applies, and help you evaluate whether the insurer’s position is reasonable.
Taking these steps can help protect your interests while your claim is being evaluated.
What Types of Compensation Can You Recover?
If you were injured in a Wisconsin car accident and were not more at fault than the party you are seeking compensation from, you may be able to recover damages for several types of losses.
Depending on the circumstances, these may include:
- Medical expenses, including reasonable and necessary treatment related to the accident
- Lost wages and income
- Reduced future earning capacity
- Pain and suffering
- Emotional distress related to the injury
- Physical limitations and loss of enjoyment of life
- Other accident-related losses supported by the evidence
Your percentage of fault can reduce the damages you recover. The specific types and amounts of compensation available depend on the facts of your case and the applicable law.
Why You Should Not Assume You Have No Claim
It is common for people involved in an accident to question whether they did something wrong. You may remember reacting too slowly, changing lanes shortly before the collision, or failing to notice a hazard.
But an initial impression is not the same as a legal determination of fault.
The other driver may have contributed more to the accident than you realize. There may also be evidence that changes how responsibility should be divided.
Before deciding not to pursue a claim, it can be helpful to understand your legal options. Even if you share some responsibility, you may still be entitled to compensation under Wisconsin law.
It is also important to act promptly. Legal deadlines can limit how long you have to bring a personal injury claim, so waiting too long may affect your ability to recover damages.
Speak With a Wisconsin Car Accident Lawyer
If you were injured in a car accident in Wisconsin and believe you may have been partly at fault, you do not have to figure out your legal options alone.
At Bykhovsky Law, we help injured people understand their rights and explore their options after an accident. We can review the circumstances of your collision, explain how comparative negligence may affect your claim, and help you understand the next steps.
Contact Bykhovsky Law for a free consultation to discuss your car accident and learn more about your legal options. You do not have to navigate the claims process on your own.
This article is for informational purposes only and is not legal advice. Every car accident case is different, and the right to recover compensation depends on the specific facts and applicable Wisconsin law.
