September 18 , 2023 | Car Accident Lawyers
An unexpected car accident in Wisconsin can leave you with many unanswered questions. How will you get to work? Who will pay for your injuries and wrecked car? Who was at fault, and how do you prove it? These and many other questions can be answered by understanding Wisconsin car accident laws and speaking to a licensed personal injury attorney. If you were in a car accident recently and are injured, our Wisconsin car accident lawyers at Martin Law Office, S.C., may be able to assist you.
Overview Of Wisconsin Car Accident Laws
If you are in a car accident in Wisconsin, it is essential to understand the state’s many auto accident and insurance laws. The most important ones are:
Auto Insurance Requirements
Wisconsin requires every licensed driver to have at least $25,000 in auto liability insurance. However, it is recommended to have more insurance than the minimum amount. If you cause an accident with more in damages, you could be sued for the balance of the unpaid damages.
Requirements After A Car Accident
Wisconsin law requires you to do the following after an accident:
- Stop at or near the accident scene.
- Offer reasonable assistance to anyone hurt, including an ambulance if needed.
- Call law enforcement and report the accident.
- Stay at the accident scene and provide your name and contact information to other involved drivers.
- Report any accident to the police if there has been $1,000 or more in property damage.
You can sue for damages if you are seriously injured in a Milwaukee car accident and another driver caused it. But what happens if you were partially at fault for the crash?
Suppose you were rear-ended at a red light, but your brake lights were not working. The jury finds you were 25% at fault for the accident. According to the comparative negligence rule in Wisconsin, you can still receive compensation for your injuries. However, the law states you cannot be more than 50% at fault to receive compensation. So, if you had $10,000 in expenses and damages and were 25% at fault, you would receive $7,500. But you would not receive anything if you were more than 50% at fault.
Remember that obtaining compensation hinges on proving another party was negligent. That means proving the following:
- Breach of duty: Drivers owe others a duty of care to operate their vehicles safely. If another driver violated the law and injured you in an accident, they breached their duty of care.
- Injury: You suffered damages because of the other party’s negligence.
- Cause: The unsafe or unreasonable driving action of the at-fault party caused your injuries.
Wisconsin Is A Fault State
Wisconsin is a fault state for car accidents, meaning that the at-fault driver can be held liable for the injured party’s medical expenses, lost earnings, property damages, and pain and suffering. This differs from no-fault states, where your auto insurance covers your injuries regardless of fault for the accident.
Statute Of Limitations
You have only three years from the date of the accident to file a personal injury lawsuit.. It is best to have your case reviewed by a Wisconsin car accident lawyer as soon as possible. If you decide to file a lawsuit, it helps to give your attorney the maximum time to prepare the case.
If the injured party was a minor when the accident occurred, they usually have two years from their 18th birthday to file the claim..
Most Common Wisconsin Car Accident Injuries
Understanding Wisconsin car accident laws is essential. You could have serious injuries and need another party to compensate you. Many car accident injuries can be severe and cause thousands in medical bills and lost earnings. You could be out of work for months or permanently following a severe accident. Fortunately, a skilled attorney can often help injured parties get the compensation they need to recover. Some of the most common car accident injuries in Wisconsin are:
- Head trauma, concussions, and other traumatic brain injuries
- Whiplash and related neck and back injuries
- Spinal cord damage
- Lacerations, cuts, burns, and bruises
- Broken bones
- Internal damage and blood loss
- Limb loss or amputation
Most Common Car Accident Causes
After the shock of the car crash wears off, you may wonder what caused the accident. Sometimes, the cause is apparent, but that is not always true. Some of the most common causes of car accidents in Wisconsin are:
- Distracted driving: With so many people using cell phones, it is tempting to look at the screen while driving. If another driver does so and causes an accident, your attorney can access their phone records to see if they were distracted by their cell phone.
- Fatigued driving: Driving without enough sleep can be just as dangerous as drunk driving. The police could note in their report if the other driver looked fatigued or out of sorts.
- Reckless driving: Whether tailgating, speeding, or cutting others off, reckless driving causes many car accidents.
- Not obeying traffic signals: Running red lights and stop signs contributes to many auto accidents.
- Impaired driving: Even though it is widely understood that impaired driving leads to fatal accidents, many people still get drunk and drive. If they were impaired, your personal injury attorney will find out and hold them accountable. The defendant also could face criminal charges.
Contact Our Wisconsin Car Accident Lawyers
Were you in an accident caused by another person or entity? You could have severe injuries, lost work time, pain and suffering, and inability to enjoy life. But if you try to handle your claim, you could negatively affect your case and get much less than you deserve. A car accident attorney can help you obtain more money for your losses. Speak to our Wisconsin car accident lawyers at Martin Law Office, S.C., today for legal assistance at (414) 856-4010.