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Determining Fault In Car Accidents | WI Accident Attorney

How Fault Is Determined In Wisconsin Car Accidents

Determining fault in Wisconsin car accidents is not always simple or obvious. There are multiple factors that are examined to determine liability, which influences who pays for damages and how much they must pay.

Defining Fault

Fault is also referred to as liability in car accidents and personal injury cases. The term refers to the actions or inactions of the parties involved in the accident and how those actions and inactions influenced the situation. Drivers who were intoxicated, speeding, distracted by texting and driving, or just not paying attention for example, may be found to be at fault or liable for the accident.

Determining fault matters because it is used to determine which insurance provider will be required to compensate the victim(s) of the accident for any property damage or physical injuries sustained in the accident. Damages that can be paid out by the insurance company include: property damage/car repairs, medical bills, lost wages, and pain and suffering, and more.

Determining Fault After Car Accidents

Fault is determined by an examination of the physical evidence of the accident, such as police reports and traffic citations, photographs, medical reports, vehicle damage reports, tire tracks, and site damage. Witness testimony can also be used in determining fault since witnesses often see things that victims do not. Expert testimony may even be used by car accident attorneys to prove or disprove fault. All of this evidence will be taken into consideration to determine if there was negligence, who was negligent, and if that negligence caused the accident and resulting injuries.

Sometimes, this analysis of the evidence uncovers that more than one driver bears some fault for the accident. If this happens, it is considered “shared fault,” and both parties may find themselves responsible for paying part of the cost of damages based on the degree of responsibility each side bears for the accident. The court or jury will determine the fault percentage for each side and use that to determine financial awards and damages.

Car Accident Attorneys Can Help You Win Damages

If you have been involved in a car accident and the other driver is found to be responsible for causing the accident, you can try to obtain compensation from their insurance provider to cover the cost of repairs to your vehicle and any medical costs you incur or even compensation for your pain and suffering. The car accident attorneys at Eisenberg Law Offices are available to help you determine the value of your case, file a claim on your behalf, and represent you throughout the process to ensure you receive a fair and adequate settlement. If you have been involved in a car accident and aren’t sure who is at fault, we can help determine fault and position you for a satisfactory outcome.

Contact our team in Madison for a free case consultation where we can examine the evidence and determine your legal options. Arrange your free consultation 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.