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At Fault In A Car Accident | Determine Fault In Car Accident

It is Not Just Drivers Who Can Be at Fault in a Car Accident

Determining fault in a car accident is important in cases where there have been injuries or significant damage. In some cases, who is at fault is clear and straightforward, but at other times, it is less clear. In some situations, particularly in shared fault states like Wisconsin, both drivers can be at fault for the accident.

Regardless of how it appears to you, insurance companies will investigate to determine fault in the accident so they can determine which party will need to pay for damages.

Using Evidence to Build a Case

Even in the most cut-and-dried situations, it is important to collect evidence to support a case. Evidence will help prove who is at fault and can be used to determine how much the insurance company will pay on the claim. Insurance companies are notorious for trying to deny claims or not pay the full claim amount. By providing evidence, you can help prevent this.

Evidence collection begins immediately after the accident. You will want to gather as much evidence as possible at the accident scene. If you are able to do so:

  • Call 911 to report the accident and document it.
  • Exchange insurance and contact information with the other driver.
  • Collect contact information from witnesses and ask what they saw.
  • Snap photos of your injuries and any passenger injuries as well as damage to the vehicles.
  • Take pictures of the area, such as the road, signs, intersection, and placement of the vehicles.
  • Note down any important facts like weather conditions or if something happened that may have led to the accident.

This is also the time to contact a car accident attorney. Your attorney will be able to investigate the accident, examine the evidence you collected, and collect their own to build your case. Attorneys can also obtain access to additional information that you may not have access to such as GPS data and cell phone records.

Prove Negligence, Determine Fault, and Receive Damages With Help From Eisenberg Law Offices

There are multiple criteria that must be met in order to actually obtain compensation from an insurer after a car accident. You will need to provide useful evidence, determine that one or more parties were negligent in their actions, and prove that those actions resulted in the accident. A car accident attorney from Eisenberg Law Offices can help you at every stage of this process. We help our clients with evidence collection, filing and managing insurance claims, negotiating with the insurance company, and can help file a civil lawsuit if your injuries are severe or the insurance payout is inadequate.  

Learn about your options and how we can help you with your car accident case during a free consultation. Schedule by calling 608-256-8356 or emailing



Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.