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Wisconsin Car Accident Attorney | Fault In A Car Accident

Consult a Wisconsin Car Accident Attorney to Determine Fault in a Car Accident

Wisconsin operates under a tort system when it comes to car accidents. That means that in a car accident, fault must be established; someone must be held responsible for the accident. If you’ve been involved in an automobile accident, consultation with a Wisconsin car accident attorney can help determine your legal options and whether you are responsible for the accident or are a victim.

Fault and Negligence

One of the first questions to be answered in any car accident case is, “Who is at fault for the accident?” Determining fault also determines liability for the accident, has a direct impact on how a case proceeds and how much and what types of compensation may be awarded. In Wisconsin, the question of negligence will come into play.

Negligence is defined as a failure to act with the same level of care that would be reasonably expected of someone under the same conditions. Wisconsin expects drivers to act responsibly when operating a motor vehicle and to take care to prioritize the safety of others. Actions that are considered unsafe or dangerous such as texting while driving, speeding or disobeying traffic laws, may be considered negligent by the court.

Courts must then examine how the negligent actions impacted the accident in order to determine fault, which impacts how a claim is settled and the amount of compensation awarded.

Fault Can Be Shared

In a car accident, it’s normal to expect one driver or the other to bear fault for the accident. In reality, that is not always the case. Our car accident attorneys have seen fault shared in several different ways, such as:

  1. Multiple Drivers Could Be At Fault. If both drivers were negligent in some capacity, both could be partially liable or at fault for the accident. If you are partially at fault for the accident, it will most likely reduce the amount of damages awarded. In some cases, the claim may be dismissed altogether.
  2. Car Makers or Service Providers Could Be At Fault. If there is a mechanical problem or failure that contributes to the accident, the car manufacturer, a mechanic or other service provider may bear some responsibility for the accident. Recent Takata airbag cases are one example of how car and parts manufacturers can be found liable for accidents or injuries long after the car has been purchased.
  3. Employers of Commercial Drivers May Be Liable. If the accident involves a commercial driver who was working at the time of the incident, his/her employing company will be responsible for the accident. If the company engages in driving practices that may have contributed to driver fatigue, for example, an attorney could argue that the company should be at fault for the accident.

Meet With A Wisconsin Car Accident Attorney At Eisenberg Law Offices

Car accident claims often come about because victims have trouble receiving compensation from insurance companies.  Proving fault is essential in each situation; hiring a Wisconsin car accident attorney is your best chance to collect the evidence needed, argue your case and obtain the compensation you need to move forward with your life.

If you or a loved one has been involved in a car accident and need help proving fault to advance your case, contact Eisenberg Law Offices to schedule a free consultation with a Wisconsin car accident attorney. Call 608-256-8356 or email to schedule.