Under Wisconsin’s comparative fault law, you may still be able to recover compensation after a Green Bay car accident if you’re partially responsible for the collision. At the same time, the law also limits how much you can recover if you’re partially at fault, and if your responsibility exceeds a certain threshold, you’ll be barred from financial recovery.
Why Comparative Fault Matters in Wisconsin Car Accident Cases
Wisconsin’s modified comparative fault law establishes the parameters under which a person may recover compensation while also bearing partial responsibility for an accident. Under the law, you can recover compensation as long as your share of fault is 50 percent or less. If you’re 51 percent or more at fault, you can’t recover compensation.
The other key element of the law is that it reduces your compensation based on your percentage of fault. For example, if you’re found 25 percent at fault, your compensation will be reduced by 25 percent.
How Fault Is Determined After a Green Bay Crash
Wisconsin is not a no-fault state for accidents. It uses a tort system for accident claims, which means that auto accident victims must prove that someone else caused or was legally at fault for the crash.
However, there may be different parties at fault in the aftermath of a crash, such as another driver, the owner of the vehicle involved in the collision, a government entity that’s responsible for keeping roads safe, and a vehicle or auto parts manufacturer.
Each party’s insurance company will conduct its investigation. They review evidence such as police reports, photos, videos, witness statements, and reconstruction analyses, then assign responsibility to the parties involved. These percentages give the parties a jumping-off point for negotiations.
Keep in mind that insurers’ fault determinations aren’t necessarily the last word. If the case goes to court, the judge or jury may assign fault percentages differently. Additionally, the comparative fault law only applies in court (although insurers will likely take it into account).
Common Comparative Fault Scenarios in Green Bay
Comparative fault can apply in a wide variety of Green Bay car accident cases. The following are some typical examples:
- One driver runs a red light and collides with another driver who is speeding slightly
- One driver rear-ends another driver who brakes suddenly and unexpectedly
- One driver turns left at an intersection in front of another driver who is speeding
- One driver collides with another during a winter storm and initiates a chain reaction collision involving multiple vehicles
- Both drivers involved in a collision are distracted
In each of these cases, both drivers may share fault, in which case determining fault and compensation comes down to identifying which driver’s actions were more directly responsible for causing the crash.
Don’t Let Insurance Companies Inflate Your Fault Percentage
Because Wisconsin’s comparative fault law has the potential to reduce the amount they’ll have to pay out, insurance companies have a financial incentive to argue that drivers are partially or even mostly responsible for causing the accidents that injured them. A skilled attorney can help protect you from unfair attempts to blame you for an accident and fight for the compensation you deserve.
Speak to a Green Bay Modified Comparative Fault Lawyer at Schwaba
Don’t take an insurance company’s word for it that a car accident was your fault. Before you discuss the crash in detail or accept an initial settlement offer that may be far less than you’re owed, reach out to Schwaba Law Firm for a free, no-obligation, fully confidential case evaluation. We have substantial experience handling cases involving disputed liability and are ready to advocate for your right to full, fair compensation after a Green Bay car accident.
