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.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
