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Proving Fault in a Car Accident | Fault and Negligence

Proving Fault in a Car Accident Requires Proving Negligence

After the initial shock of a car accident has passed, one of the first questions you may ask yourself is, “Who is responsible for the accident?” This is a practical question in many ways because proving fault or responsibility will determine which party’s insurer will pay for accident damages and, possibly, which party will be ticketed or have the accident go on their driving record.

Even if you are certain you did not cause the accident, you might find yourself in the position of having to prove that you were not responsible. In order to prove fault, you’ll first need to prove negligence.

2 Factors Used To Prove Fault in a Car Accident

  1. A violation of state traffic laws. The Wisconsin rules of the road and state traffic laws dictate how drivers are expected to operate vehicles within the state and are a primary consideration when proving fault in accidents. If a driver was in violation of those rules, the other party has a good chance of proving fault. Violations that can lead to vehicle accidents include:
    • Speeding
    • Failure to yield
    • Running a stop sign or red light
    • Following too closely
  1. Proof of negligent behavior. Negligence is a legal principle that is used to determine the degree of fault in an accident. In order to prove negligence, Wisconsin requires:
    • Proof that the other party owed you a duty of care to act reasonably and prevent harm.
    • That there was a breach in the duty of care. Proving fault requires providing evidence as to how the other party failed in their duty of care.
    • A causal connection between the breach of duty of care and the accident.
    • That damages were suffered as a result of the accident. Damages refer to any kind of loss, such as property damage or injuries requiring medical care.

Wisconsin operates under a comparative negligence system, which means it is possible for both parties to be partially at fault for car accidents. As long as your degree of negligence, or amount of fault for the accident, is equal to or less than the other party’s, you can still pursue a claim. Be aware that the amount of compensation you are awarded, if any, will be reduced by the degree of fault you bear for the accident.

Proving Fault Means Proving Negligence

Winning an accident case and proving fault always hinges on whether or not you can prove the other party acted in a negligent manner. To prove negligence, you will need to present factual evidence, which can be obtained through:

  • police reports from the accident
  • photos of the accident scene and your injuries
  • medical reports and documentation of injuries suffered
  • mechanic or auto body shop reports to prove damage/loss
  • witness statements

All of this information helps to build evidence that proves fault in an auto accident. Police reports and photographs provide physical evidence of the accident, while medical reports and mechanic reports help put a number on the amount of damage/loss incurred. This information is used to determine the amount of compensation you should seek in a car accident claim.

Contact the Car Accident Attorneys at Eisenberg Law Offices For Help With Your Claim

You’ll need help to prove fault in a car accident. The car accident attorneys at Eisenberg Law Offices can help you prove your claim by collecting and presenting evidence, reviewing the circumstances surrounding the accident, and advising you on appropriate compensation amounts. We always advocate for the highest award possible for our clients. We offer free initial consultations so you can learn if you even have a case and what the outcome may look like for you.

Contact Eisenberg Law Offices at 608-256-8356 or by email at to arrange your free case consultation.



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.