Is Wisconsin a No-Fault State?
Because auto insurance laws are determined by the states and not the federal government, some states operate on a “no-fault” mandate while others follow a tort liability mandate.
Wisconsin is not a no-fault insurance state. Instead, it relies on fault to determine liability and, ultimately, who can receive compensation after a crash.
Why Fault Matters in Wisconsin
Wisconsin is a tort state. That means fault is attributed to one or more parties after an accident to determine who is responsible for paying the accident-related costs suffered by anyone involved.
So, if you’re hurt in an accident and you need compensation to cover the costs of medical bills, lost income, property damage, and pain and suffering, you’ll seek payment from the at-fault party.
In most cases, the insurance company of the at-fault driver ends up paying those costs.
Can More Than One Person Be Considered at Fault?
Yes, Wisconsin has modified comparative negligence laws. Comparative negligence means fault is attributed on a percentage basis.
If two drivers are involved in a crash, both might share some degree of responsibility. Their percentage of fault determines how much they can receive in compensation.
For example, Driver A fails to come to a complete stop at a stop sign and is struck by Driver B. However, responding police officers discover that Driver B is intoxicated, which means Driver B also contributed to the crash.
If Driver A is found to be 30% at fault for the crash, the amount of compensation they would receive would be reduced by 30%.
If you are deemed to be 50% or more at fault for an accident in Wisconsin, you will not be able to recover damages.
Building a Strong Case Is Important in Wisconsin
Because fault plays such an important role in injury and accident claims in Wisconsin, hiring a lawyer is often essential to receiving adequate compensation.
One of the key roles that attorneys play in auto accident cases is helping their clients mitigate the percentage of fault attributed to them. They also find evidence that proves the other party involved bears a greater percentage of fault than their client.
The stronger a case the attorney can build, the better their client’s chances of getting the compensation they’ll need to pay accident-related costs.
If You Need Legal Help, Bank on Brian
Brian Hodgkiss has been helping injured Wisconsin residents for decades. He has the experience and legal knowledge to help clients get the payment they’re entitled to by law. If you need to speak to a car accident attorney in Green Bay or Appleton, contact Brian Hodgkiss today for a free, no-obligation consultation.