Determining fault is essential to recover compensation in Wisconsin car accident cases. A driver or other party who is found at fault for causing a crash may be required to pay accident victims for their medical bills, lost wages, pain and suffering, and other expenses. Proving fault in a car accident requires evidence such as physical evidence from the accident scene, eyewitness statements, and video footage.
What Evidence Can Help Prove Fault in a Car Accident?
The standard for establishing fault for a car accident in personal injury cases is by a preponderance of the evidence. The preponderance of the evidence standard means that the evidence shows it is more likely than not that the defendant in a car accident case is to blame for a victim’s injuries.
The types of evidence commonly used to establish fault include:
- Photographs of the accident scene
- Witness statements and testimony
- Vehicle damage and post-incident inspections
- Traffic, dashboard, or surveillance camera footage
- Cell phone records
- Electronic evidence, like GPS or on-board computer data
- Medical records showing the injuries and harm you suffered
Police reports are not admissible at trial in Wisconsin.
Who Determines Fault After a Car Accident?
For injury claims that are settled out of court, insurance companies and personal injury lawyers determine fault. The parties will investigate what happened and then negotiate a settlement based on their findings. If the two sides cannot reach a settlement, the injured person may need to file a personal injury lawsuit and ask a court to assign fault and award compensation based on the evidence of negligent conduct each side presents. Most cases are resolved without going to trial. However, complex cases involving high medical expenses and disputed fault may require litigation.
How Wisconsin’s Comparative Negligence Law Affects Fault
The Wisconsin comparative negligence law affects the amount of compensation that accident victims can recover when they are partially at fault for a collision. Any percentage of fault a court assigns you will reduce your compensation accordingly. If a court finds you to be at least 51 percent at fault, then you are not eligible to recover damages. An experienced Wisconsin car accident lawyer can seek evidence showing the other driver violated traffic laws, allowing you to demand maximum compensation.
What Should You Do After a Car Accident to Help Prove Fault?
Here are a few practical steps you can take to prove who’s at fault for a collision that injured you:
- Get the contact information of anyone involved in the crash or who witnessed what happened
- Seek prompt medical attention so that there is medical documentation of your injuries
- Start an evidence file that includes a written account of the accident, copies of your medical records, a copy of the police accident report, photographs, and anything else that might be useful
- If the other driver’s insurer contacts you, do not admit fault or say anything that could be interpreted as an apology. It’s best to let your lawyer handle communications with the insurance companies.
Contact a personal injury lawyer for a free consultation and bring along your evidence folder so they can review it with you.
Speak With a Green Bay Car Accident Lawyer Today
The aftermath of a serious car accident can be a stressful and confusing time. Fortunately, you do not have to navigate the legal process on your own. Let a Green Bay car accident lawyer with Schwaba Law Firm investigate the at-fault collision, establish who is financially responsible, and negotiate with insurance companies. Contact our injury attorneys today to get started with a free consultation and learn about your legal options.
