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What Happens If You’re Partially at Fault for Your Wisconsin Car Accident

The balance of negligence can determine how much you recover from a Wisconsin car crashAfter a Wisconsin car accident, the person who was negligent for the crash is the person who is liable for paying damages for the injuries that resulted from the crash.

But What Happens If Both You and the Other Driver Were Negligent?

The negligence laws in Wisconsin follow a system known as modified comparative negligence, or the 51 percent bar rule. This means that you may still recover some of the settlement in your Milwaukee car accident claim even if you were partially at fault for the accident.

More specifically, Wisconsin's modified comparative negligence rule means that:

  • You may be able to recover damages if you are found to be no more than 50 percent at fault for the accident.
  • The amount of damages that you can recover will be reduced by the percentage of the accident that is determined to be your fault. For example, if it is determined that your damages from the accident are $100,000 and that you were 25 percent at fault for the accident then you may only be able to recover $75,000.
  • You may not be able to recover damages if you are found to be primarily responsible for the accident. If you are 51 percent or more responsible for the accident then you will not be able to recover any damages from the other party to the accident.

You aren’t negligent just because you were involved in the accident. Instead, your negligence—or your failure to act as a reasonable driver would have acted in similar circumstances—must be established by the evidence.

Be Prepared for Insurance Companies to Argue That You Were Negligent

This is a common tactic employed by insurance companies to convince you to accept less than fair value for your case. The insurance company will attempt to pay as little as possible in settling your case by saying that you were at least partially to blame for the crash.

As you can imagine, claims involving these fault issues can be complicated and fiercely contested. Don't become a victim of these insurance company tactics. An experienced personal injury attorney who routinely fights insurance companies on these issues, such as the lawyers at Hupy & Abraham, can expose the flaws in the insurance company's argument and fight for your fair settlement. To learn more, please order a FREE copy of our DVD, Secrets Insurance Companies Don’t Want You to Know, today.

Jason F. Abraham
Managing Partner, Hupy and Abraham