If you’ve been injured in a serious car wreck in Wisconsin and are questioning your legal options due to difficulty in settling an insurance claim and/or getting the necessary compensation, you have a great deal to consider. The first of which, of course, is the matter of fault. Who was really at fault for your accident? How will the court approach the matter of fault, often referred to as liability? How is liability determined?
The first thing you need to know is that matters of fault and liability differ from state to state. In Wisconsin and in many other states, the factor of negligence will inevitably come into play. When someone acts negligently, they act carelessly and fail to behave with the level of care that would be expected of someone under the same conditions.
When a driver, for example, is distracted by their cell phone and causes an accident, we call this an act of negligence. Wisconsin drivers are expected to act responsibly behind the wheel and prioritize the lives of others. When one fails to do, they are acting negligently.
Here are 3 other things to consider regarding how to determine fault in a Wisconsin car accident claim:
- It’s possible that the court may find multiple people at fault for your accident. If you, for example, were speeding at the time on the accident, you could be found partially liable. This could significantly reduce the amount of your settlement award or even negate the claim altogether. All factors of the crash will be taken into consideration when you file a claim.
- It’s also possible that the court may find groups or corporations partially or fully liable. If a driver’s brakes malfunctioned during the accident, for example, the car manufacturer might be held partially liable if the faulty brakes helped cause the crash.
- If the other driver has a commercial license and was working at the time on the crash, it’s possible that the company they work for may be held partially responsible depending on the nature of the accident. If, for instance, a trucking corporation forced its drivers to work longer hours than is legal, a truck driver who caused a crash due to being overtired might not be held fully liable. Instead, the trucking corporation may be found liable.
As you may be able to imagine, there’s a great deal involved in proving liability during a car accident claim. Extensive investigation as well as expert testimony is often required for most cases. If you or a loved one is considering filing a claim for a crash you feel was caused by negligence, you need a Wisconsin law firm on your side you can trust.
At Urban & Taylor, we can pair you with an experienced Milwaukee car accident lawyer who can tell you the possible merits of your case and walk you through every step. Don’t hesitate to call our office today to learn more.
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