Can I File a Car Accident Claim if I Was Partly at Fault?

When you suffer injuries in a car accident that was someone else’s fault, you are entitled to seek just compensation for your medical bills and other losses. Unfortunately, many people are hesitant to move forward because they are unsure how partial fault in a car accident claim may affect their rights.

In Wisconsin, you may still be entitled to some compensation if you are partly at fault. The damages you are able to recover depend on your degree of responsibility.

The Wisconsin car accident lawyers at Studinski Law, LLC can help you pursue full compensation for your injuries. Crucially, we don’t just take the insurance companies’ word for it that you are partially at fault. We conduct independent investigations, gather key evidence, and fight to maximize your recovery.

For a full understanding of partial fault in your car accident claim, call (715) 343-2850 for FREE today. Studinski Law, LLC serves the victims of car accidents throughout Wisconsin from our offices in Plover and Marshfield.

Wisconsin’s Modified Contributory Negligence Rule Applies in Cases of Partial Fault

If you were partially at fault for a car accident in Wisconsin, your legal rights will be determined by the state’s modified contributory negligence rule. This rule exists under Section 895.045 of the Wisconsin Statutes, which states:

“Contributory negligence does not bar recovery in an action . . . for negligence resulting . . . in injury to person or property, if that negligence was not greater than the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence attributed to the person recovering.”

Basically, under Wisconsin’s modified contributory negligence rule, there are two potential scenarios. One scenario involves being 50% at fault or less, while the other involves being more than 50% at fault:

If You Were 50% or Less At Fault for the Car Accident

If you are partially at fault for the accident but your degree of responsibility is 50% or less, the value of your claim will be reduced based on your percentage of fault. For example, if you were 10% at fault, you would be entitled to recover 90% of your accident-related losses. Likewise, if you were 50% at fault, you would be entitled to compensation for 50% of any damages resulting from the collision.

If You Were More Than 50% At Fault

If your share of fault is higher than 50%, then you are barred from recovering any compensation under Wisconsin law. Even if you sustained significant damages from the accident, being primarily responsible means you cannot be awarded compensation.

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As you can see, questions of fault can play a major role in your car accident case in Wisconsin. You need to be prepared to deal with accusations of partial fault from the other driver’s insurance company.

Insurance companies will investigate and make their own determination as to who was at fault. Their goal is to reduce payouts, not to get at the truth. Rather than letting the insurance companies determine your percentage of fault (if any) in accordance with their own best interests, it is critical that you hire an experienced car accident lawyer who can conduct a comprehensive investigation with your best interests in mind.

You Should Not Assume You Were Partially At Fault in a Car Accident

This brings us to another critical point: No matter what happened, you should not assume that you were partly at fault. The only way to determine fault is to conduct a comprehensive and unbiased investigation. You need to know all of the relevant facts, and you need to know how each of the relevant facts impacts your rights under Wisconsin law.

When you hire an experienced car accident lawyer to represent you, your attorney will work quickly to gather the evidence needed to determine who was at fault in the collision. They can then help you make informed decisions about your next steps. If this means preparing to deal with allegations of partial fault, your lawyer will use the available evidence to try to minimize any reduction in the value of your claim as much as possible.

If the evidence shows that you were not partially at fault, then you should not accept anything less than the full compensation you deserve. Your lawyer will work to negotiate a settlement that covers all of your present and future accident-related losses, as well as be prepared to fight for full compensation at trial if necessary.

Get Help with Your Wisconsin Car Accident Case

Partial fault in a car accident claim can be a contentious issue. Disputes often start with the drivers at the scene and persist through police crash reports and insurance company decisions. If the other driver’s insurer is refusing to cover your losses, you owe it to yourself to seek legal guidance as soon as possible.

Studinski Law, LLC has extensive experience with car accident claims, including those where fault is at issue. You can count on our firm to ensure that responsibility for the crash is accurately assigned and pursue the maximum compensation you deserve.

Call Studinski Law, LLC at (715) 343-2850 today for a FREE case evaluation. Our car accident attorneys serve clients in Plover, Marshfield, Stevens Point, and communities all over Wisconsin.