Getting into a car crash can have physical, financial and emotional consequences. You might face injuries, medical bills, car repairs and emotional distress.
When someone else’s negligence causes the accident, proving fault is crucial for your recovery. Establishing fault determines who covers the damages, helping you get the compensation you deserve.
Essential elements for establishing fault
Several key pieces of information are needed to prove fault in a car accident case. These elements provide the evidence to support your claim and establish who is responsible for the accident:
- Police reports: These are official accounts from law enforcement detailing the scene and circumstances of the accident. They can include observations, skid mark lengths, vehicle positions, weather conditions, property damage and any citations issued.
- Witness statements: Testimonies from people who saw the accident can provide unbiased accounts of what happened.
- Traffic laws: Understanding and referencing the relevant traffic laws can help clarify the party at fault based on the type of accident.
- Accident reconstruction experts: In complex cases, experts may analyze the crash scene, vehicle damage and other factors to determine fault.
Using these elements, you can build a strong case to prove who was responsible for the accident.
What is Wisconsin’s 51% Bar Rule?
Wisconsin follows modified comparative negligence, or “51% Bar Rule,” for determining fault in car accident cases. This rule means you can recover damages only if you are 50% or less responsible for the crash.
If you are 51% or more at fault, you cannot recover any damages. Your percentage of fault reduces compensation. For instance, if you are 30% responsible, you can recover 70% of your damages.
Medical expenses, lost wages, pain and suffering and property damage are examples of damages you can receive. An experienced car accident attorney can help gather evidence to establish fault and negotiate with insurance companies. They can also help maximize your compensation by ensuring all relevant factors are considered and fault is accurately determined.