Car Accidents Lawyers in Eau Claire, WI

Car Accident Laws in Eau Claire, WI

Auto accidents in Eau Claire are subjected to state laws. To protect their rights and have the best chance of recovering compensation, car accident victims should be aware of the following laws:

Modified Comparative Negligence Laws

Wisconsin follows the modified comparative negligence system. In this system, car accident parties are assigned a certain percentage of fault based on the available evidence.

If a party is deemed more than 50% responsible for the crash, they lose their right to pursue damages. What’s more, your compensation award will be reduced by your percentage of fault if it’s less than 50%.

Statute of Limitations

Among the most critical rules regulating car accident lawsuits is Wisconsin’s statute of limitations for personal injuries. The statute of limitations is the legal deadline that personal injury victims have to pursue a lawsuit.

When it comes to a car accident lawsuit in Eau Claire, victims have three years to file. If the car accident resulted in the death of a family member, eligible family members must pursue a wrongful death claim within two years from the date of death. Contact our wrongful death lawyers to learn more.

If you haven’t suffered injuries during your car crash and only wish to pursue a property damage claim, you only have six years from the date of the crash to pursue a claim legally.

Minimum Insurance Requirements

Under Wisconsin law, all drivers must carry a minimum liability insurance coverage to operate their vehicles on Wisconsin roads. The minimum liability insurance for drivers in Wisconsin is:

• $10,000 for property damage
• $25,000 for bodily injury or death to one person
• $50,000 for bodily injury or death for multiple victims

Uninsured/Underinsured Motorist Coverage

In Wisconsin, you can purchase underinsured and uninsured motorist coverage. Wisconsin law requires uninsured motorist coverage with a minimum limit of $25,000 and $50,000 per accident. Underinsured motorist coverage is not mandatory. However, it can provide vital protection during a car accident with a driver with insufficient coverage.

Accident Reporting Law

In the state of Wisconsin, parties involved in a car crash must report the incident to law enforcement agencies if the event resulted in injuries, death, or property damage exceeding $1,000.

Seatbelt Laws

Wisconsin, like many other states, has strict seatbelt laws. If a car accident occurred while a person wasn’t wearing a seatbelt, they can expect their compensation award to be reduced by 15%.

Defendants use the seatbelt defense argument to suggest that part of your injuries sustained during a car accident may not have been as serious if you had worn a seatbelt as required.

However, an experienced car accident lawyer can help you fight this claim. They may argue you are not medically required to wear a seatbelt or challenge the defense to provide concrete evidence that you were not wearing one. A car accident lawyer can fight any argument the defense may throw your way. Contact the Gingras, Thomsen & Wachs, LLP to learn more.

Steps to Take After a Car Accident in Eau Claire

If you have been involved in an auto accident in Eau Claire, there are several steps you should take to strengthen your car accident claim:

Seek Medical Attention

If anyone is injured, you must receive medical care immediately. Regardless of whether you feel pain or not, you should call 911 and request emergency service. Car accidents often involve injuries that are not immediately apparent.

Do not think about medical bills, you must first prioritize your health and let the paramedics assess your injuries. By accepting care, you’re also ensuring there will be medical records when it’s time to file a claim.

Contact Law Enforcement

If the car accident resulted in serious injuries, death, or property damage exceeding $1,000, you are required by law to report the accident to the police. When they arrive, tell them what happened, but do not admit fault. To avoid a complicated legal process, do not say anything incriminating. The police report will be useful later in your claim. This accident report will be vital during insurance negotiations.

Exchange Contact Information

Before leaving the accident scene, exchange contact information with the at-fault driver. Get their insurance information and license and plate numbers.

Gather Evidence

Financial compensation is tied to the strength of your evidence. If you can, start gathering evidence. Take photos or videos of the accident scene, the damage to all vehicles, your injuries, road conditions, and anything else that might be useful in proving negligence or highlighting what caused the accident.

If witnesses are present, write down their names and contact details. Witnesses play a vital role in car accident claims.

Notify Your Insurance Provider

Notify your insurance company about the accident. You can use your Medical Payments coverage if you were involved in a car crash and you incurred bills for medical treatment. If you exhaust your limits for Medical Payments under your policy you are responsible for payment of medical treatment and must seek compensation from the other driver’s insurer at the appropriate time.

Preserve Evidence and Avoid Making Statements

It is essential to preserve evidence while you rest and heal. Keeping track of medical expenses, receipts, and treatments. Write about your symptoms and how you feel as you recover. These will be useful later when you pursue a claim. If the other driver or their insurance company tries to make you a settlement offer, do not accept it before speaking with a personal injury attorney.

Experienced lawyers will know if you are being offered an unfavorable settlement. If the other driver’s insurance company asks you to provide a recorded statement, deny the request. It can be used against you.

Consult With a Car Accident Lawyer

When you pursue a personal injury claim, you enter a complicated legal process involving many back and forths. However, if you consult with car accident attorneys, they can make the process much smoother. A personal injury lawyer will help the injured party hold the negligent drivers responsible for their injuries, property damage, lost wages, and other damages.

Sometimes, it may not be immediately clear who is at fault, especially in deadly accidents. If the car accident occurred due to defective equipment or poor road conditions, there may be more than one party to blame. However, a Wisconsin car accident lawyer can help you identify all liable parties during a free consultation. If your accident involved a truck driver, the process may differ as the employer may share some liability. Contact our commercial truck accident lawyers to learn more.