If you have been injured in a car accident, your first concern is probably getting your medical bills paid and covering any lost income. But what if you think the crash was partly your fault? Can you still recover compensation?
Drivers in Wisconsin are legally mandated to carry liability insurance to make sure they can pay for the harm they cause others. Even if you’re to share some degree of blame for the accident, it doesn’t automatically block your right to compensation. However, it raises an important question: how much were you at fault?
Under the modified comparative negligence rule, you can still seek compensation as long as you’re not more than 50% at fault. The challenge is that the insurance companies will use every tactic they can to dispute fault and shift more of the blame onto you to reduce what they owe.
Filing a Claim When at Fault: Don’t Admit Responsibility
Even if you believe you’re responsible for the accident (fully or partially), avoid admitting to it. Don’t tell another passenger or the driver involved in the crash that it was or might have been your fault. Avoid apologizing to anyone who was injured or saying anything that could be construed as an admission of guilt.
After the accident, if the police arrive on the scene, give them an honest account of the events that led to the crash, but again, don’t admit fault. You should explain only what you and the other driver(s) did without labeling it as right, wrong, or causal. Your goal is to stay neutral and factual, and let the legal or insurance process handle the fault determination.
For instance, if the collision occurred at an intersection after you made a left turn, don’t say, “I shouldn’t have turned,” or “It was probably my fault.” Simply state, “I turned left when the light turned yellow.”
Do the same when you’re speaking with the insurance adjusters. Report the basic facts and avoid adding blame-related language or conclusions. Your purpose isn’t to tell a lie. Instead, let the investigators, attorneys, or the police interpret the facts and assign responsibility based on evidence (not emotion or assumption).
A lot of drivers think their actions contributed to a crash, when the traffic laws or physical evidence clearly states that the other party was entirely responsible. You don’t want to accept unnecessary blame. If you were partly to blame, you could make your comparative negligence lawsuit worse for yourself.
The only individual you should be sharing your fears with is your car accident lawyer. Contact an experienced car accident attorney at Gingras, Thomsen & Wachs and disclose everything about the accident to your attorney, including whether you think you’re partially responsible.
How Modified Comparative Negligence Works in a Partially At-Fault Claim in Wisconsin
You can still recover compensation from another driver (or anyone else) who was also negligent and partly caused the accident. The amount of one’s liability in car accident cases is ascertained by comparing their negligence or recklessness with the negligent actions of the injured person.
There’s no set formula for calculating how much blame each person should carry after an accident. During settlement negotiations, both your actions and the other driver’s actions will be reviewed carefully. Your attorney and the insurance adjuster will go back and forth discussing what factors contributed to the crash and how much responsibility each party should bear.
That evaluation of fault, or “comparative negligence,” becomes just one part of the bigger negotiation process in personal injury claims, alongside how serious your injuries are and how much your medical treatment has cost.
If the other driver is entirely to blame (100%), you’re entitled to full compensation. But if you share some responsibility, your compensation will be reduced by your percentage of fault. If you’re found 50% or less at fault, you can still recover damages, but your total compensation in a personal injury lawsuit will be reduced in direct proportion to your degree of responsibility.
Notably, the modified comparative fault system is different from the pure comparative negligence system followed in some states, where the at-fault driver in car accidents is required to pay you proportionate compensation for your injuries, even if you were 99% to blame for your injuries.
How Is Fault Determined
A no-fault system means that each party involved in an accident may claim compensation from their own insurance company. However, Wisconsin follows the fault system, which means that the party at fault for the accident is financially responsible for any resulting damages.
Here are a few factors in a car accident case that insurance companies look at when assigning blame under Wisconsin’s modified comparative fault law:
- Police reports
- Statements from the drivers involved
- Witness statements
- Location and extent of vehicle damage
- Video footage
- Traffic citations
- Skid marks, broken glass, and debris patterns
- Weather and condition of the road
- 911 call recordings
- Data from the black box
- Type of collision
- Medical records and timing of treatment
- Evidence of alcohol or drug impairment
- Cell phone usage at the time of driving
In a partially at-fault claim, when injured victims are seeking compensation, they may not realize the sheer volume of evidence available in each case. It’s easy for them to miss something important, or worse, have the insurance company take advantage of their investigative prowess and twist facts in a way that pushes more blame onto you.
To make sure the right evidence is collected and preserved promptly, consult with a car accident attorney at Gingras, Thomsen & Wachs as soon as possible after the crash. Much of the physical evidence (video footage, for one) is easily lost, destroyed, or written off, unless your attorney takes proactive measures to preserve it.
Get Strong Legal Representation After a Motor Vehicle Accident in Wisconsin
In a personal injury case, determining compensation and proving liability of the negligent party are the most important goals. Speak to one of our car accident attorneys at Gingras, Thomsen & Wachs and let us fight for fair financial recovery for your medical expenses, lost wages, and pain and suffering. To schedule your free consultation, call us at 855-954-1186 or contact us online.
