When you get injured in a car accident that was someone else’s fault, you are entitled to compensation under Wisconsin law, even if you are partially at fault for a car accident. But, what happens if you were partially at fault in the collision?
This is a common question—and it is a concern in some cases. However, it is important not to make any assumptions about who was at fault in your car accident, especially if you think you may be partially at fault for a car accident. Determining who was at fault requires an in-depth investigation; and even if you made a mistake, this doesn’t necessarily mean that your mistake played a role in the crash.
With this in mind, what if you were partially at fault? How will this impact your legal rights if you are partially at fault for a car accident?
In this scenario, Wisconsin’s comparative negligence law comes into play. This law specifically addresses what happens when two or more parties share legal responsibility for an accident, including situations where you may be partially at fault for a car accident. It appears in Section 895.045(1) of the Wisconsin Statutes, and it begins by stating:
“Contributory negligence does not bar recovery in an action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property, if that negligence was not greater than the negligence of the person against whom recovery is sought . . . .”
There are two key takeaways from this part of Section 895.045(1). First, as the law plainly states, being partially at fault “does not bar recovery.” “Contributory negligence” is the formal legal term for partial fault. So, even if you were partially at fault in your car accident, this does not automatically bar you from seeking financial compensation, even if you were partially at fault for a car accident.
However, the law imposes a limit on when accident victims who are partially at fault can seek financial compensation. While being partially at fault does not automatically bar you from seeking financial compensation, it does bar you from seeking financial compensation if your percentage of negligence was greater than the percentage of the other driver. In other words, if you are deemed to have been 51% at fault or more in your car accident, you will not be entitled to any financial compensation under Wisconsin law, even if you were partially at fault for a car accident.
Let’s say you were 50% at fault or less. In this scenario, how much would you be entitled to recover if you are partially at fault for a car accident? Section 895.045(1) addresses this situation as well. After outlining Wisconsin’s comparative negligence rule as quoted above, the law continues:
“. . . . [A]ny damages allowed shall be diminished in the proportion to the amount of negligence attributed to the person recovering[ and t]he negligence of the plaintiff shall be measured separately against the negligence of each person found to be causally negligent.”
This means that if you were 50% at fault in your car accident, you would be entitled to recover 50% of your losses from the other driver. If you were only 10% at fault, you would be entitled to recover 90% of the damages that you have incurred (and will incur in the future).
As you can see, your percentage of fault (if any) in a car accident can play a major role in determining how much you are entitled to recover. This is why it is so important not to make any assumptions about what happened or who is to blame if you are partially at fault for a car accident. When you hire an experienced car accident lawyer to represent you, your lawyer will conduct a comprehensive and unbiased investigation, and then your lawyer will advise you of your legal rights based on the specific circumstances at hand.
Since partial fault can reduce or eliminate the compensation that car accident victims are entitled to recover, the insurance companies routinely try to blame accident victims for their own injuries. You should not let the insurance companies convince you that you were partially at fault, especially if you are being told you were partially at fault for a car accident. They do not have your best interests in mind, and their goal is to pay you as little as possible. With an experienced car accident lawyer on your side, you can feel confident knowing that you are not settling for less than you deserve.
If you are worried that being partially at fault could cost you your right to recover compensation, do not assume the worst. In Wisconsin, you may still be entitled to financial recovery even if you made a mistake, and what matters most is how fault is actually determined, not what the insurance company claims.
These cases are often more complex than they seem, and small details can make a major difference in the outcome. Before you accept blame or settle for less, it is critical to understand your rights and legal options if you believe you were partially at fault for a car accident.
Contact the Madison car accident lawyers at Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.
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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.
