How Does Comparative Fault Affect Car Accident Settlements in Wisconsin?

When you suffer injuries in a car accident, you are entitled to compensation under Wisconsin law. Determining what constitutes “fair” compensation requires a comprehensive assessment of the facts of your case. This includes your percentage of fault (if any) in the collision under Wisconsin’s comparative fault rules. 

Crucially, if you need to seek to recover your losses after a car accident in Wisconsin, you should not make any assumptions about who was at fault. In particular, you should not assume that you were partially to blame. Determining fault requires an in-depth investigation, and until you have all of the facts, you won’t know how comparative fault will apply or how much you may be able to recover.

How Wisconsin’s “Comparative Fault” Law Applies in Car Accident Cases 

In cases involving partial fault, car accident victims’ rights are determined based on Wisconsin’s “comparative fault” law. This law begins by stating: 

“Contributory negligence does not bar recovery in an action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property . . . .”

As this makes clear, simply being partially at fault does not bar you from filing a claim. In other words, even if you were partially at fault in your car accident, you may still be entitled to financial compensation under Wisconsin law. But, we then need to look at the second half of the law: 

“[I]f [a car accident victim’s] negligence was not greater than the negligence of the person against whom recovery is sought, . . . any damages allowed shall be diminished in the proportion to the amount of negligence attributed to the person recovering.”

This is the “comparative” aspect of Wisconsin’s comparative fault law. What this says is that car accident victims are entitled to partial compensation as long as they are not primarily to blame for their own injuries. This is commonly referred to as a “51% rule,” or “51% bar.” If you were less than 51% at fault in your car accident, you are entitled to a partial financial recovery. If you were 51% at fault or more, you are not entitled to any financial compensation. Understanding how comparative fault applies in your case is critical to protecting your right to financial recovery.

To illustrate, we can look at a few examples:

• If You Were 10% at Fault: If you were 10% at fault in your car accident, you would be entitled to recover 90% of your accident-related losses. 
• If You Were 50% at Fault: If you were 50% at fault in your car accident, you would be entitled to recover 50% of your accident-related losses. 
• If you were 51% at Fault: If you were 51% at fault in your car accident, you would be entitled to recover 0% of your accident-related losses. 

As you can see from these examples, accurately calculating your percentage of fault is a big deal. If you accept partial responsibility for your car accident when you shouldn’t, you could end up with much less than you deserve—if you end up with anything at all. Again, it is critical that you do not make any assumptions about what happened, but instead work closely with an experienced car accident lawyer who can help you make informed decisions about asserting your legal rights. 

Determining Who Was At Fault in Your Car Accident 

Determining who was at fault in your car accident will involve examining all of the available evidence. Depending on the circumstances, this could include cell phone photos or videos, eyewitness testimony, traffic camera or surveillance camera footage, the other driver’s cell phone records, the other driver’s social media posts, and forensic evidence from the crash site—among many other things. 

As you think about what to do next, a key factor to keep in mind is that even if you think you did something wrong, this doesn’t necessarily mean that you are partially to blame for what happened. For example, if you failed to come to a complete stop at an intersection, the evidence could show that the other driver would have hit you regardless of whether you had fully stopped. This is one reason, among many, why it is important to rely on the advice of an experienced car accident lawyer who has your best interests in mind. 

Call Our Wisconsin Car Accident Lawyers for FREE

Car accident cases are complex, and insurance companies will do everything they can to minimize your claim. You need a team on your side that understands Wisconsin’s comparative fault law and knows how to fight for the maximum value of your claim. At Studinski Law, LLC, our Wisconsin car accident lawyers do more so you get more by investigating every detail, identifying all responsible parties, and building the strongest case possible on your behalf.

Contact Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We serve clients across Wisconsin, including Plover, Marshfield, Stevens Point, and other communities.