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Do You Need a Car Accident Lawyer If You Weren’t At Fault?

Do you really need a car accident lawyer for a vehicle collision that wasn’t your fault? While you might need a lawyer if you caused the accident and received a ticket, it is also important to hire a lawyer if you weren’t at fault in the accident. This is especially true if you were injured. Accident victims are entitled to compensation under Wisconsin law, and an experienced car accident lawyer can help make sure you receive the compensation you deserve. 

Here are just some of the ways a lawyer can help after a car accident that wasn’t your fault: 

Determining Who Was At Fault in Your Car Accident 

If you weren’t at fault in your car accident, recovering the compensation you deserve will start with determining who was at fault in the collision. There are several possibilities, including:

  • Another driver involved in your car accident
  • An at-fault driver’s employer (if the driver was working at the time of the collision)
  • A vehicle or component manufacturer
  • A repair shop or dealership 
  • A government agency or road construction contractor 

Most car accidents are the result of driver negligence; and, if another driver is responsible for your injuries, recovering compensation will most likely involve dealing with the insurance companies. But, this is not always the case, and you need to make sure you file the right claim (or claims) in order to hold the right party (or parties) accountable. 

Collecting and Preserving the Evidence Needed to Prove Your Legal Rights 

Determining who was at fault in your car accident will involve collecting as much evidence as possible. Once you hire a car accident lawyer to represent you, your lawyer will promptly get to work collecting the evidence needed to prove your legal rights. In most cases, this will involve not only conducting an on-scene investigation, but also gathering evidence from other sources. Depending on the circumstances, the evidence available from other sources may include:

  • Traffic or surveillance camera footage 
  • Cell phone records
  • Employment records and other corporate documents
  • Vehicle maintenance records 
  • Statements from eyewitness 

Once your car accident lawyer collects as much evidence as possible, he or she will preserve the evidence so that it remains admissible in court—just in case you need to go to court to assert your legal rights. But, as we discuss below, your lawyer will focus on using the available evidence to help you secure an out-of-court settlement.  

Calculating Compensation for Your Accident-Related Losses 

Another important step after a car accident that wasn’t your fault is calculating the losses you are entitled to recover. In Wisconsin, car accident victims are entitled to compensation for their financial and non-financial losses. This means that a car accident lawyer can help you seek compensation not only for your out-of-pocket costs and lost earnings, but also your emotional distress, pain and suffering, and loss of enjoyment of life. 

After determining what claim (or claims) you should file, your attorney will focus on determining how much compensation to seek on your behalf. Even if the costs you’ve incurred to date have been manageable so far, the long-term costs of your injuries could cause financial and emotional strain for years to come. 

Dealing with the Insurance Companies for You 

Regardless of who was at fault in your car accident, recovering compensation will most likely involve dealing with the insurance companies. When you hire a car accident lawyer to represent you, your attorney will deal with the insurance companies for you while you focus on taking care of yourself. When you are seeking compensation for a car accident, taking care of yourself is extremely important. If the insurance companies can blame you for delaying or impairing your recovery, they will try to use this to reduce the value of your settlement. 

Helping You Achieve a Resolution and Move On with Your Life 

Speaking of settlement, as we mentioned above, your lawyer’s main focus will be on helping you secure a favorable settlement without the need to go to court. Your car accident lawyer will negotiate with the insurance companies on your behalf, and your attorney will help you evaluate any settlement offers with your long-term best interests in mind. If you receive a satisfactory settlement offer, you can accept the offer and move on with your life. If you do not receive a satisfactory settlement offer, your lawyer can fight for the compensation you deserve at trial.

Speak with a Madison Car Accident Lawyer for FREE

Were you injured in a car accident in Wisconsin? If so, we encourage you to contact us promptly for more information. A car accident lawyer at Boller & Vaughan can help you seek the compensation you deserve for your physical, financial, and emotional losses.

Contact Boller & Vaughan today online or at 608-268-0268 for a FREE case evaluation. We welcome clients from Madison and across Wisconsin. We handle car accident cases on a contingency fee basis, which means if we don’t win, you don’t pay.