Who’s at Fault – A Discussion of Accident Liability

A determination of who is responsible for an automobile accident, or accident liability, is the essential first step in representing an injured individual. I find that in the majority of car accidents, one driver is more negligent than the other. Although some accidents are the result of intentional acts, most are the result of negligence.

What Constitutes Negligence in a Car Accident?

Negligence, in the context of car accidents, refers to a driver’s failure to exercise ordinary care, leading to unreasonable risk and harm. According to Wisconsin Jury Instruction 1005, ordinary care is defined as “the care which a reasonable person would use in similar circumstances.” In simpler terms, if a driver acts in a way that a reasonable person wouldn’t, and that action causes an accident, they can be considered negligent.

Common examples of negligent driving include:

• Failing to stop for a stop sign: Ignoring traffic signs and signals.
• Making an Unsafe Left Turn: Not yielding the right of way to oncoming traffic.
• Ignoring Pedestrians: Failing to yield to pedestrians on walkways.
• Speeding in Bad Weather: Losing control of the vehicle due to excessive speed in adverse conditions.

Although the above list is certainly not all inclusive, most people who cause automobile accidents do so, not out of a desire to hurt someone, but because they are preoccupied (cell phone) or are simply driving in a careless manner.

Investigating Accident Liability

Determining liability isn’t just about interviewing the parties involved. It often requires a thorough investigation, including reviewing police reports, analyzing video surveillance, gathering witness statements, and examining black box data from modern vehicles. These elements are crucial in building a strong case.

The Role of Comparative Negligence in Wisconsin

In Wisconsin, if the injured person is 51% or more at fault for the accident, that person cannot recover compensation. If the injured person is 50% or less at fault, then compensation can be recovered, minus any comparative negligence. For example, if the injured person is 40% at fault for the accident, then that person’s compensation is reduced by 40%. In today’s economic climate, insurance companies are increasingly arguing for greater reductions based upon the negligence of the injured person; the assistance of an experienced personal injury lawyer is essential in determining disputed liability cases.

Why You Need an Experienced Personal Injury Lawyer

In today’s economic climate, insurance companies are increasingly aggressive in their tactics, often attempting to assign a higher percentage of fault to the injured party to minimize their payout. This strategy can drastically reduce the compensation you’re entitled to, making it difficult to cover medical expenses, lost wages, and other costs associated with the accident. This is where Casey Law comes in. With years of experience in personal injury cases, our team at Casey Law is well-versed in navigating the complexities of liability. We know how to counter the insurance companies’ tactics and ensure you receive the full compensation you deserve. Our expertise allows us to gather the necessary evidence, negotiate effectively, and, if needed, represent you in court, giving you the best chance at a fair outcome.

Conclusion: Protecting Your Rights After an Accident

Accidents happen, but understanding liability and the role of negligence is crucial in protecting your rights afterward. Whether dealing with an insurance company or considering legal action, being informed about your rights and responsibilities is key to achieving the best possible outcome. At Casey Law, we are committed to guiding you through this challenging process. Our experienced attorneys ensure that your case is handled with the utmost professionalism, helping you secure the compensation you deserve. By choosing Casey Law, you can confidently navigate the aftermath of an accident, knowing that your rights are fully protected and that you have the best possible team on your side.