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The Different Aspects of Fault and Liability After a Wisconsin Car Accident

A car accident in Wisconsin is not a pleasant experience, to say the least, and for injured victims, the most important issue is their healing and full recovery.

The question of who caused the Wisconsin car crash will eventually come to the forefront and determine how the victims will cope with the aftermath of the accident.

First, the legal liability must be established of those suspected of having caused the wreck.

Questions to Consider When Determining Fault

  • Did the driver have a duty to protect or be careful toward the injured person? This may not be the case if the injured person was in a place where he or she was not supposed to be.
    • If the injured person was careless and may have contributed to the accident, the driver’s liability may be reduced.
    • If the negligent driver was working for another person or corporation, the employer may also be responsible for damages.
    • If the crash occurred on poorly built or maintained property, the entity responsible for the building or maintenance of this property may be held liable for the accident and its consequences.
  • Did the accident result from a defective product, such as faulty brakes or the dysfunction of air bags? This could mean that the manufacturer or supplier of the automobile may be liable.

Proving fault after a Wisconsin auto accident may only require a police report or a few statements by witnesses. However, there is a possibility that the intervention of an investigation team, accident reconstruction team or vehicle forensic experts will be necessary.

Wisconsin Common Law recognizes four levels of fault, some of which are obvious establishing the suspect’s liability is a mere formality, others requiring the intervention of an experienced Wisconsin car crash lawyer.

4 Levels of Fault, by Wisconsin Common Law

  1. Negligence
  2. Recklessness
  3. Intentional Misconduct
  4. Strict Liability (mostly associated with defective products)

If you have been injured in a car, truck or motorcycle accident, contact the Wisconsin car accident attorneys of Hupy and Abraham today for a free, confidential, no-obligation consultation in Milwaukee at 414-223-4800 or toll-free 800-800-5676. We have offices throughout Wisconsin (Milwaukee, Madison, Appleton, Green Bay), Iowa (Des Moines, Cedar Rapids, and Quad Cities in Iowa), as well as Illinois (Gurnee, Rockford, Bloomington).