If you’re from Wisconsin, you know that those car accidents happen around the state almost every day. In fact, there’s been an alarming rise in traffic fatalities in the state for two years in a row now with Wisconsin seeing more traffic deaths in 2022 than at the same time last year.
State data also revealed that as of February 20, 2022, 65 people have died in traffic crashes with reckless driving being the most common cause of these fatalities.
So, if you drive on the roads of Wisconsin, you need to learn all about the laws that govern these accidents, especially when you’re the one at fault. The common question is: can you still get money in an at fault car accident?
Wisconsin is an at-fault state.
To understand what you would—or would not—get in an at fault car accident, it’s important to learn the law in Wisconsin, which is considered an at-fault state. This means that it follows a tort system that requires a car accident victim to determine that someone caused the accident before a claim can be filed.
This system is widely used around the country and Wisconsin law requires that the person established to be at fault for the car accident needs to pay for all the damages incurred.
This could include but is not limited to lost income, medical costs, physical pain, out-of-pocket expenses, and emotional suffering. Payment is commonly made through the at-fault party’s insurance company or through personal funds if the driver doesn’t have insurance to cover the costs.
You can claim through comparative negligence.
Now, if you were established to be the one at fault for the crash, this could mean a huge headache for you since you’re required to pay for everything. But you also have the chance to get some compensation for the accident through what is called comparative negligence.
Wisconsin law states that you may be able to get compensation for damages if you can prove that the victim is also partially at fault for the crash. But if the other party proves that you’re primarily responsible for the accident, you won’t get any compensation at all.
To know how much you’re going to get, it’s determined by the law based on the percentage of the accident that’s said to be your fault. For instance, if your damages cost $50,000 and you were found to only be 25% at fault for the accident, you’re going to receive $37,500 because that percentage which is equivalent to $12,500 will be deducted from your claim.
Book a car accident lawyer
Although you’re at fault for a car accident, you still have a good chance of getting compensation as long as you hire the right car accident attorney to help you with your case.
With the best lawyer on your side, it’s easier to gather evidence and defend yourself to make sure that you’re not going to take full accountability for the car accident.