What is Contributory Fault? 

Accidents happen—but determining who is at fault plays a central role in whether an injured person can recover compensation. One legal concept that can heavily influence personal injury claims is contributory fault, also known as contributory negligence. 

This doctrine considers whether the injured party shares any responsibility for their own harm—and in some states, it can significantly reduce or even eliminate their right to recover damages.

Below is a comprehensive guide to contributory fault, how it differs from other legal doctrines, and what it means for your personal injury claim in Wisconsin.

Understanding Contributory Fault

Contributory fault is a legal defense used in personal injury cases to argue that the plaintiff (the injured person) was partially responsible for the accident or incident that caused their injuries. If the court agrees that the plaintiff contributed to their own injury, it may affect the amount of compensation they can recover—or bar recovery altogether, depending on the state.

There are two main variations of this concept in the U.S. legal system:

• Pure Contributory Negligence: In a few states, if the plaintiff is found to be even 1% at fault for the accident, they are barred from recovering any damages.
• Comparative Negligence (or Fault): Most states, including Wisconsin, follow some form of comparative negligence, where the plaintiff’s compensation is reduced in proportion to their share of fault.

Knowing how contributory fault laws apply in your state is essential, as they can directly impact your ability to recover the compensation you deserve.

Contributory Fault in Wisconsin: Modified Comparative Negligence

Wisconsin follows a modified comparative negligence system under state law. This means that an injured person can still recover compensation if they are partially at fault—but only if they are found to be 50% or less at fault for the accident.

If a plaintiff is 51% or more responsible for their injuries, they cannot recover any compensation. If they are 50% or less at fault, their compensation will be reduced by their percentage of fault. 

For example:

• If a jury awards $100,000 in damages and finds the plaintiff 20% at fault, the final award will be reduced to $80,000.
• If the plaintiff is found 51% at fault, they receive nothing under Wisconsin law.

This system emphasizes fairness while still holding negligent parties accountable.

How Fault is Determined in an Accident Case

Assigning fault is one of the most contested aspects of a personal injury case. 

It typically involves:

• Police reports
• Eyewitness statements
• Surveillance or dashcam footage
• Accident reconstruction experts
• Medical records
• Evidence of traffic or safety violations

Insurers and opposing attorneys may try to shift blame to minimize their client’s liability. This is why it’s critical to have a knowledgeable personal injury attorney who can push back against unfair claims and protect your right to compensation.

Real-World Examples of Contributory Fault

To better understand how contributory fault works, consider the following examples:

• Car Accident: A driver runs a red light and crashes into another vehicle. However, the injured driver was speeding at the time of the collision. The court may find the injured driver 30% at fault and reduce their compensation accordingly.
• Slip and Fall: A person slips on a wet floor in a grocery store that failed to display warning signs. But the injured person was texting and not paying attention. A court might assign them a percentage of fault for failing to notice the hazard.
• Bicycle Accident: A cyclist is hit by a car while riding against traffic. Although the driver may be partially liable for not seeing the cyclist, the cyclist’s own actions could significantly reduce or bar recovery.

Each case is unique, and the apportionment of fault depends on the specific facts and evidence presented.

Why Contributory Fault Matters in Your Case

Understanding the role of contributory fault in your personal injury claim is crucial for several reasons:

• It can affect your eligibility to recover compensation.
• It influences how much money you can receive.
• It can be used strategically by insurance companies to reduce or deny claims.

Even if you think you may be partially at fault, it’s essential to speak with an attorney before making any assumptions or accepting a settlement. An experienced lawyer can assess your case, help establish the strongest legal arguments, and minimize any fault attributed to you.

How a Lawyer Can Help

Lawyers understand how contributory fault can complicate an already difficult situation. They take a strategic, evidence-based approach to every case, working hard to prove that our clients deserve full and fair compensation—even when liability is disputed.

Here’s how they can assist you:

• Conduct a detailed investigation to uncover all the facts
• Work with experts to establish liability and quantify damages
• Challenge attempts to unfairly blame you for your injuries
• Negotiate assertively with insurance companies
• Take your case to trial if needed to protect your rights

With an experienced lawyer by your side, you can level the playing field and focus on your recovery while they fight to protect your rights and maximize your compensation.

Contact Eisenberg Law Offices, S.C. for a Free Consultation

If you or a loved one has been injured in an accident and have questions about contributory fault or how it may affect your claim, don’t wait to seek legal advice. The sooner you speak with an attorney, the better your chances of protecting your rights and building a strong case.

Contact Eisenberg Law Offices, S.C. today at (608) 256-8356 for a free, no-obligation consultation. Let our experienced personal injury lawyers help you understand your legal options and fight for the compensation you deserve.