Getting compensation for a single-vehicle accident in Wisconsin Insurance companies offer larger settlements to law firms who win in court.
Can you file a personal injury claim for a single car accident?
In most cases, accidents involving just one car are considered the fault of the driver. Hence, you cannot file a personal injury suit against anyone. Typical causes of single-car accidents include slipping on ice, swerving to avoid hitting an animal or a pothole, glare from the sun, and distracted driving. However, there may be situations where fault cannot be automatically placed on a driver—for instance, failure of a road crew to put up a sign warning of a dip in the road, or a sudden mechanical failure in your car. If you're involved in a single car accident that wasn't your fault, get in touch with the attorneys at Warshafsky to fight for the settlement you deserve.
Even if only your car was involved, you may not be at fault
In such cases, it is essential to document the scene of the accident and preserve evidence (especially your car—no driving off in it or your claim of mechanical failure isn’t credible). Similarly, if you were the passenger in a car driven by a driver who was texting, you likely have a case for suing the driver’s insurance company to recover for your medical expenses and any wages you may have lost due to having to take time off from work for treatment of your injuries.
Proving product liability for a defective car
If a defective auto part is the cause of your single car accident, contact the Warshafsky personal injury attorneys as soon as possible. Wisconsin is an at-fault state, meaning that whatever caused the accident is liable for the damages. That means that the manufacturing company is liable for the defective part, and our team of experienced lawyers know how to get you a proper settlement for the damages you received from the accident.
Here is one such case involving a defective auto part causing a single car accident: A man and his daughter were nearing their home in Oconomowoc, WI after a return trip from Florida. The daughter was an intelligent young girl at the top of her class, until her father’s car spun out of control on the freeway in Waukesha County, resulting in a tragic accident. The head trauma she received permanently impacted her IQ and memory functions. One might assume this car accident was the fault of another driver or the father for being unable to control the vehicle. Such is not the case - a non-distracted driver does not willingly spin out on his own. The fault was negligence on behalf of the auto manufacturer.
The family approached the personal injury attorneys at Wisconsin’s Warshafsky Law Firm. As a personal injury case involving product liability, the settlement offer was nowhere near enough. A lowball offer cannot even pretend to make up for damages. The Warshafsky lawyers immediately prepared for trial against General Motors. Always a no-win, no-fee policy, the Milwaukee single car accident lawyers at Warshafsky spent 4 unpaid years preparing the case. The automobile which caused the crash was a Cadillac with only 4500 miles. After a five week trial, the Jury unanimously decided GM was 100% negligent. Over 360 exhibits were introduced proving the Cadillac’s control differential was already defective when the vehicle left the plant at General Motors. The girl and her family were awarded $3.3 million dollars.
The Wisconsin personal injury attorneys at Warshafsky took General Motors to court and won substantially. After the verdict, the judge claimed out of ALL the cases he’d seen in his position, Warshafsky had prepared for trial better than any. This was at the time the largest personal injury award in the history of Wisconsin and certainly one of the largest nationwide concerning a product liability case. Personal injury is inflicted in multiple forms, from brain injury to car accidents to product liability. Warshafsky's $3.3 million, 1-car crash victory involved all three. A Society Changing Judgment was formed by this verdict, protecting more innocent families from the harm of prematurely sold, defective vehicles.
Call Warshafsky to evaluate your case for free
Because there are so many unique variables in single-car accident cases, it’s a good idea to get the advice of an experienced Milwaukee car accident attorney. Warshafsky Law stands out as the personal injury law firm committed to helping the injured get the highest possible financial compensation.
Milwaukee Personal Injury Lawsuits Frequently Asked Questions
How is fault determined in a single car accident in Wisconsin?
Your insurance company will gather information from you, police reports, and witnesses to determine who is at fault for the accident. The fault is not always on the driver for single car accidents.
What happens if I get into a single car accident with no insurance?
Getting caught driving without insurance can lead to hefty fines, losing your license, or jail time. If you're determined to be at fault, there would be no one to financially assist your recovery. Purchasing insurance after the accident will also cost significantly more. Always make sure you're insured when driving.
Am I automatically at fault for single car accidents?
No. Determining fault for single car accidents rests on what caused the accident, not what was damaged. Other drivers, weather conditions, unmarked hazards and more may have forced you to swerve to avoid causing more damage. Whatever caused the accident is the one liable for damages.
Should I hire an attorney for a single car accident?
Yes. Never assume you're automatically at fault for single car accidents. Whether or not you were the driver of the vehicle or if you know the accident was not your fault, you need an attorney to handle all the intricate details of your case.
How much can you get for a single car accident settlement in Wisconsin?
The amount you can receive depends on a variety of factors, most notably the damages you sustained. Vehicle repairs, medical bills, lost wages, and pain and suffering are all considered in the settlement. Make sure to have an attorney negotiate the claim with the insurance company.
Milwaukee's Car Accident & Personal Injury Attorneys