Can I Get Compensation If I’m Partially at Fault for a Crash?

Being involved in a car accident can be a stressful and overwhelming experience. If you find yourself partially at fault for a crash in Wisconsin, it’s natural to wonder about your rights and the possibility of receiving compensation for your injuries and damages.

Understanding the legal framework surrounding fault and compensation is crucial to navigating the process effectively. A Green Bay car accident attorney from Brian Hodgkiss Injury Lawyers can help you achieve the best outcome for your case.

Wisconsin’s Modified Comparative Negligence Rule

Wisconsin follows a modified comparative negligence rule for determining fault and compensation in car accident cases. This rule helps insurance companies and courts assess and assign a degree of fault to each party involved in an accident, including the injured party, who may be partially responsible.

Under modified comparative negligence, an injured party can pursue compensation if their assigned fault percentage is less than 51%. This means that if you are less than 51% at fault for an accident, you can potentially recover damages from the other party involved.

Wisconsin’s modified comparative negligence rule is meant to fairly compensate each party involved in a car accident. It encourages personal responsibility while allowing injured parties to seek compensation if their actions did not significantly contribute to their injuries.

How Your Damages May Be Reduced by Your Percentage of Fault

When you are partially at fault for a car accident in Wisconsin, your assigned percentage of fault may reduce the amount of compensation you receive for damages. This reduction is a fundamental aspect of Wisconsin’s modified comparative negligence rule, reflecting each party’s responsibility for an accident.

For example, you are involved in a car accident in which your total damages amount to $10,000. After a thorough investigation, the insurance company discovered evidence that you were speeding during the collision; however, the other driver was speeding and failed to stop at a red light. Due to these circumstances, you are assigned 20% of the fault for the accident.

Because you are 20% at fault for the accident, your final compensation will be reduced by 20%, leaving you with an $8,000 damage award instead of the full $10,000. The greater your fault percentage, the more your final settlement will be reduced.

Why You Should Still File a Claim if You Are Partially at Fault

Even if you are partially at fault for a car accident in Wisconsin, filing a claim is still vital for helping you recover losses due to another driver’s negligent actions. Our car crash attorneys at Brian Hodgkiss Injury Lawyers can help you understand the benefit of filing a claim when you’re partially at fault and get you the maximum settlement possible:

• Potential compensation: Filing a claim allows you to pursue compensation for your injuries, medical expenses, property damage, lost wages, pain, and suffering. While your compensation may be reduced based on your degree of fault, recovering a portion of your damages can still make a significant difference in your recovery process.

• Insurance coverage: By filing a claim, you can leverage the insurance coverage of the other party involved in the accident. Their insurance policy may cover your damages up to the policy limits, even if you are partially at fault. Filing a claim helps ensure that you tap into available resources to cover your losses.

• Investigation and evidence collection: Filing a claim initiates an investigation into the accident involving insurance adjusters, legal counsel, and accident reconstruction experts. This process ensures the collection of evidence to support your claim, including police reports, witness statements, medical records, and other relevant documentation. This can strengthen your position and reduce your percentage of fault.

• Negotiation leverage: Even when you are partially at fault, filing a claim allows you to negotiate with the insurance company. Your attorney can advocate for a fair assessment of fault and pursue maximum compensation based on the circumstances of the accident.

• Protecting your rights: Filing a claim ensures that you protect your legal rights and assert your entitlement to compensation. It establishes a formal process for addressing the accident, holding the responsible parties accountable, and seeking the compensation you deserve.

Let Us Help You Get the Compensation You Deserve

Being partially at fault for a car accident in Wisconsin does not automatically disqualify you from seeking compensation for your injuries and damages. Understanding the modified comparative negligence rule and its implications is crucial in navigating the claims process effectively.

Don’t let partial fault discourage you from pursuing the justice and compensation you deserve. Contact our skilled attorneys at Brian Hodgkiss Injury Lawyers today to schedule a free case review. Our team is ready to provide experienced legal support and represent your interests in a personal injury claim.