Which Driver Is At Fault for an Accident?

After a car accident, questions of fault can sometimes be straightforward: One of the drivers is completely responsible, or both drivers share the blame. However, even if liability in your case seems obvious, you should not assume that recovering compensation for your losses will be easy. 

The experienced car accident attorneys at Studinski Law, LLC understand the complexities of Wisconsin law and know how to successfully pursue damages on behalf of accident victims. We have handled a wide range of complicated personal injury matters, and we are committed to helping you seek the maximum compensation you deserve for your physical, emotional, and financial losses. 

Determining Fault In a Car Accident

While identifying the at-fault driver in your car wreck may seem clear-cut, it is essential to gather evidence to support your case. Insurance companies are in the business of making profits, not paying out claims, and they will not likely pay out quickly or fairly if you are not prepared.

Below are a few steps to consider after your accident to help prepare your case against the other driver.

1. Gather Evidence at the Accident Scene

If you didn’t sustain severe injuries in your crash and are able to remain at the accident scene before getting medical treatment, you should:

• Call 911 or law enforcement to come to the scene and document it
• Exchange information with the other driver
• Speak with witnesses about what they saw
• Take photos of your injuries and the injuries of your passengers
• Photograph the vehicles, including their damage and positions after the collision
• Take photographs of the surrounding area, such as the road and intersection
• Make notes about any pertinent facts, such as weather conditions and other details

2. Call a Car Accident Attorney

A car accident lawyer can review the information you collected at the scene of the accident and assess the merits of your case. Your attorney may take additional steps to investigate the details of your wreck and collect evidence to support your claim, such as:

• Obtaining the police report
• Gathering witness accounts
• Inspecting the vehicles involved in the crash
• Subpoenaing the cell-phone records of the at-fault driver if distracted driving is suspected
• Evaluating GPS data and other electronic records

Who May Be Liable for Damages In My Car Accident Claim?

Depending on the details of your wreck, one or more of the following parties may be liable for the injuries you sustained in your crash:

The Other Driver

In the majority of car accident cases, fault rests with one or more of the drivers involved in the collision. In order to successfully seek damages in a personal injury claim, you must prove that the other driver was negligent. This is why a thorough investigation of your accident is so crucial to your case.

The Employer of the Other Driver

If the at-fault driver was working at the time of your crash, the driver’s employer may also share responsibility for your accident and subsequent injuries. This is a common consideration in truck accident cases, but it can also occur with delivery vehicles and other commercial drivers. 

A Government Agency

Car accidents can sometimes be the result of poor road conditions. If your accident occurred on a road that was poorly designed or maintained, the government agency responsible for the road may be partly liable for your damages. Contractors and subcontractors involved in the road’s construction may also share responsibility for a wreck if their errors contributed to a dangerous condition.

A Parts Manufacturer or Automaker

Traffic wrecks can also be caused by defective auto parts, such as faulty tires, brakes, electrical systems, and more. If a defect caused your vehicle or the other driver’s vehicle to malfunction and resulted in a crash, the product or vehicle’s manufacturer may be liable for your injuries.

An Alcohol Provider

Businesses that sell alcohol have an obligation to avoid serving obviously intoxicated patrons. Additionally, social hosts have a duty to avoid providing alcohol to obviously intoxicated guests. If a business or social host fails in this obligation and the intoxicated person goes on to cause a car wreck and harm others, the business or social host may be held partially liable for the drunk driving crash.

Contact a Car Accident Attorney in Wisconsin Today

Every year, preventable car wrecks injure thousands of people across Wisconsin. These accidents can forever alter the lives of those harmed. If you’ve been hurt by another’s careless or reckless behavior, it is in your best interest to seek the counsel of an experienced car accident lawyer to protect your rights.

Studinski Law, LLC has the experience, skill, and resources necessary to pursue the full and fair compensation you need to move forward after a wreck. We understand the challenges you may be facing, and we aren’t intimidated by big insurance companies.

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Contact Studinski Law, LLC today at (715) 343-2850 to discuss your case for free with an experienced Wisconsin car accident lawyer. We proudly serve clients in Marshfield, Plover, and areas throughout Wisconsin.