In Wisconsin, a driver who’s determined to be at fault for causing an accident is financially responsible for the consequences. As such, proving that someone else bears fault for what happened is a crucial part of recovering compensation after a car accident. But who determines fault, and how do they go about it?
Understanding Negligence, Fault, and Liability
Negligence is a legal term that means whether someone exercises ordinary care. Ordinary care is the care which a reasonable person would use in similar circumstances.
Here are a few examples of potentially negligent behavior that could lead to a car accident:
- Failing to signal a turn
- Running a red light or stop sign
- Speeding or driving too fast for conditions
- Getting distracted and losing focus on the road
If a driver is negligent and causes a crash, they are liable for the personal injuries and property damage other people suffer as a result. Jurors are asked to compare the negligence of each driver involved in a crash (called contributory negligence). A plaintiff’s damages are reduced by the percentage of their negligence. A negligent driver’s insurance liability policy typically pays for the damages. Wisconsin requires that liability policies cover at least the following:
- $25,000 for the injury or death of one person
- $50,000 for the injury or death of all people involved in the accident
- $10,000 for property damage
These are the statutory minimum limits. Warshafsky recommends all driver’s obtain higher liability policy limits, as well as underinsured and uninsured motorist coverage.
Who Determines Fault?
When car accident cases go to trial, a jury or judge (in the case of a bench trial) will serve as factfinder and render a decision after listening to all of the facts. Most successful car accident claims settle out of court before this stage, though. In these cases, lawyers representing the injured party and insurance adjusters or defense lawyers representing the allegedly at-fault party hash things out through settlement negotiations.
Useful Evidence in Car Accident Claims
A personal injury lawyer may call on a variety of evidence to argue that someone is at fault for their client’s injuries. This might include:
- Police accident reports
- Eyewitness testimony
- Photos of the accident scene
- Footage from traffic, security, or dashboard cameras
- Crash debris
- Skid marks
- Cell phone records, “black box” data, and other digital information
- Post-accident vehicle inspections
- Toxicology reports
In many cases, crash reconstruction experts will be called in to analyze this raw data and turn it into a likely version of events. A good lawyer can not only recover this valuable evidence but can also use it to make a compelling argument that makes it harder for the other side to dispute their fault.
Get Help from a Car Accident Lawyer in Wisconsin
Have you been injured in a car accident in Wisconsin? Do you suspect that someone else is at fault for what happened? If so, contact the Wisconsin car accident lawyers with Warshafsky Law Firm today for help determining fault and demanding fair compensation for what you’ve suffered.
