Determining Fault in a Wisconsin Car Accident

The concept of fault is central to any personal injury case arising from a Wisconsin car accident. In order to determine whether you have a valid personal injury claim, you must determine legal liability, or who is fault for the accident in accordance with Wisconsin law.

The first step to determine liability is whether a driver owed a duty to the party injured in the accident. For the most part, a driver owes a duty of reasonable care to other drivers on the road, as well as their passengers. Likewise, a driver owes a duty of care to pedestrians walking on the sidewalk or in a crosswalk. However, if an individual is in a place where he or she should not be, such as in the middle of a busy road, then the driver may not necessarily owe him or her a duty of care.

Next, it is necessary to determine whether the driver violated his or her duty of care. For example, violating a traffic rule, such as failing to stop at a stop sign, running a red light, or failing to yield to oncoming traffic, can be evidence of a violation of that duty of care. Furthermore, if a driver violated the duty of care in the course of his employment, then the employer potentially can be responsible, or liable, for the resulting injuries.

Additionally, if a condition in the environment, such as an unmarked road hazard or poorly maintained property, contributed to the accident, then the person or entity responsible for the maintenance of the road or property also may be liable for any resulting injuries. On the other hand, if the accident resulted from a defective auto part or manufacturing problem, then the manufacturer or supplier of the vehicle may be liable for any resulting accidents that lead to injuries.

As Wisconsin personal injury laws continually change, you need the lawyers who keep up-to-date on the most recent legal developments in this area of the law and know how to best apply these laws to your advantage in your case. The Madison personal injury attorneys of Boller & Vaughan handle personal injury cases on a daily basis, and we know what it takes to get the compensation that you need. Take the first step and call our office today to set up your free consultation with one of our Wisconsin auto accident lawyers.