Car accidents can be stressful, and understanding how fault is determined helps make the process smoother. In Wisconsin, fault plays a crucial role in how damages are assigned after an accident. The state uses a specific system to assess each driver’s responsibility. Knowing how this works can help you better handle the aftermath of a collision.
Wisconsin’s comparative negligence rule
Wisconsin uses a comparative negligence system to determine fault in car accidents. This means each driver’s responsibility for the accident is assessed and assigned as a percentage. A driver can recover damages as long as they are less than 51% at fault. However, the compensation amount decreases based on their percentage of fault.
Gathering evidence to assign fault
After a car accident, investigators collect evidence to understand what happened. This evidence includes police reports, witness statements, photographs of the scene, and any video footage available. Investigators use this information to piece together the events leading to the accident and determine who acted negligently.
Factors that contribute to fault
Several factors influence fault in a car accident. Common examples include speeding, distracted driving, failing to yield, or running a red light. Investigators may also consider weather conditions, road hazards, and whether any vehicles had mechanical issues.
For example, if one driver ran a stop sign and collided with another vehicle, they would likely bear most of the responsibility. However, if the other driver was speeding, they might share a portion of the fault.
Insurance company involvement
Insurance companies play a significant role in determining fault after an accident. They review the evidence and negotiate with each other to decide how much each driver’s insurance should cover. Their findings align with Wisconsin’s comparative negligence rules, impacting how claims are settled.
Stay informed and drive responsibly
Accidents can happen, but understanding Wisconsin’s approach to determining fault helps you navigate the aftermath more confidently. By driving responsibly and following the rules of the road, you can reduce the risk of accidents and protect yourself from being found at fault. When an accident happens, and fault is in question, especially when there are injuries, do not delay in contacting a qualified personal injury lawyer for help.