Car Accident Lawyer Wisconsin Experts

You generally have three years from the date of the accident to file a lawsuit in Wisconsin. However, exceptions exist for certain cases, such as those involving minors, government entities, or wrongful death cases arising from motor vehicle accidents, which have a two-year statute of limitations. To protect your rights and ensure all legal deadlines are met, it is crucial to consult with a Wisconsin car accident attorney promptly.

Wisconsin operates under a modified comparative fault system. This means that each party involved in an accident is assigned a percentage of fault. To recover damages, your percentage of fault must be equal to or less than the fault assigned to the party from whom you are seeking compensation. If your fault exceeds theirs, you cannot recover damages. A skilled Wisconsin car accident attorney can help you understand and navigate these laws to ensure your rights are protected and advocate for fair compensation.

No, Wisconsin is an at-fault state, meaning the driver responsible for the accident is liable for covering damages. Victims can pursue compensation through the at-fault driver’s insurance or by filing a personal injury lawsuit. This system emphasizes the importance of proving fault in a car accident case.

If the other driver was at fault, you can file a claim against their insurance policy or pursue a personal injury lawsuit to recover damages. However, driving without insurance in Wisconsin can result in fines and penalties, so it’s advisable to seek legal guidance to protect your rights while addressing these challenges.

Similar to other personal injury cases, car accident cases involve issues of damages. If you need guidance on navigating such cases, a car accident lawyer in Wisconsin can help determine what is fair and reasonable compensation for injuries suffered. The liability issues are commonly decided with reference to the “rules of the road,” which are statutory rules enacted by the legislature and contained in Wisconsin Statute Chapter 346.. There are numerous duties set forth in this statute, and an automobile driver who violates these rules and is in a vehicle accident is considered negligent. In addition to the statutory rules, all drivers have a duty to act with “ordinary care.” Our auto accident attorneys will explain that something called the “common law” requires each person to act with the care which a reasonable person would use in similar circumstances.

Yes, the categories of damages include: wage or earnings losses, medical, hospital and related expenses, pain, suffering and disability.

According to the State of Wisconsin Department of Transportation, the last five years had an average of the following statistics a year:

• 2,090 motorcycle crashes
• 884 car collisions involving a bicycle
• 1,408 car collisions involving a pedestrian.

The most recent statistics published by the National Safety Council reported that roads became less safe in 2020 for a variety of reasons, including speeding, alcohol and drug use, and non-restrained occupants.

Beyond the types of collisions, there are several common types of car accidents. Knowing the difference will help you clearly communicate what you saw or experienced to the police or a Milwaukee car accident attorney.

• Rear-end collisions, or getting “rear-ended” and side-impact collisions (also called getting “T-boned”), are two of the most common types of vehicle-and-vehicle collisions.
• Head-on collisions usually occur when a vehicle moves into the path of an oncoming vehicle. These crashes are dangerous and damaging due to the higher speeds at which they typically occur.
• Vehicle-and-object collisions happen when a car collides with a fixed or stationary object, including another car that is parked, light and utility poles, and other fixed objects.
• Pedestrian collisions are less common but more dangerous than the other types of car accidents. They represent a small portion of total accidents but a large portion of injuries and fatalities.

Be sure to take these steps if you’ve been in a car accident:

1. Seek Medical Attention: Make sure your medical needs are addressed first. Make sure you are as accurate and complete in describing your problems, and that includes any pre-existing problems or conditions. Do not embellish or exaggerate your injuries. And if you are having problems, insurance companies often take large gaps in treatment into account in their evaluation of a case. While a gap in treatment may only mean that the treatment was not helping cure your injury or make it better, insurance companies use that as a tactic, both in negotiations and before juries, to make it seem like your injury has healed. People should seek medical care if they are having problems and the care is helping. If the doctor instructs you to return in 2 weeks, then you should do so.
2. Take Pictures of the Car Accident: Being thorough following a vehicle collision is what creates a strong case. Understand that any misstep on either side can be the difference of hundreds or thousands of dollars.
3. Be Precise When You Talk to the Insurance Company: In the days following a collision, an insurance company will likely contact you for your testimony of the events of the accident. The insurance company may ask to record the statement. You are under no obligation to allow a recording if the insurance company is for the other driver. However, if the claim is with your own insurance company, you need to cooperate with them and give a statement. While a recorded statement may seem like a reasonable request, the insurance company is using that tool to prepare for possible litigation, where they can nit-pick about things you have said in the statement to create doubt about your claim.
4. Get a Milwaukee Car Accident Lawyer: Call an experienced Milwaukee car accident lawyer right away so they can start the process steps in your case. Or fill out a free case evaluation so an attorney can get the facts about your case.

Be sure to take these photos if you’ve been in a car accident:

1. Document the Car Accident: Having photographic evidence of the accident can help improve your personal injury claim. It is helpful for a jury to see the circumstances surrounding the auto accident, including what it looked like and the condition of the vehicles and property damage. It is also helpful for investigators and accident reconstructionists to have a clear picture of your vehicle’s position and damage to the vehicle.
2. Document the Injuries: The old phrase “a picture is worth a thousand words” means a lot when it comes to documenting your injuries. Showing the jury bruising or lacerations after your accident can help to document how badly you were injured. Additionally, showing medical treatments required, like casts, oxygen, monitoring devices, or assisting devices, such as crutches, wheelchairs, or walkers, can help the jury to see the work that went into healing your injuries. Take photographs of your initial injuries but also monitor the progress of healing.
3. Document the Weather and Road Conditions: Weather conditions can sometimes play a big role in your car accident, but you may forget weeks down the road exactly what the road and weather conditions were at the time of the accident. Be sure to take a moment to document the weather conditions. Take photos of standing water, ice, or snow. Take a photo of your clock along with the sun, clouds, or other prominent conditions.

Recent auto accident data shows that the most common hit objects are ditches, followed by trees, traffic signposts, and utility poles. The data also shows that, in Wisconsin, deer are one of the most prominently hit objects on the road.

It might surprise you to see that car accidents are most prevalent during daylight hours. The vast majority of auto accidents occur when it is light outside, followed by nighttime hours. Dawn and dusk have the lowest amount of car collisions.

So, as you head out on the road during the day, make sure you are aware of your surroundings and pay attention to your safety on the road.

According to the Federal Highway Administration, there are more than 5,891,000 vehicle crashes each year. Approximately 21% of these crashes — 1,235,000 total — are weather-related. In this data comparison, weather-related crashes are considered crashes that occur in adverse weather or on slippery pavement.

According to a recent study documenting car accident statistics in Wisconsin, weather plays an important role in when accidents occur and the fatalities, injuries, and property damage that results. The majority of car accidents that result in injury and property damage happen in clear conditions, which may surprise you.

December – February

• Conditions: Snow, black-ice, slippery roadways, hail, freezing rain
• Accident Percent: 20%

March – May

• Conditions: Wet snow, sleeting rain, high winds, thunderstorms, fog, flooding
• Accident Percent: 20%

June – August

• Conditions: Sunny, humid, thunderstorms, heavy rains, flooding, tornados
• Accident Percent: 38%

September – November

• Conditions: Rain storms, sleet, early snow, frost, fog, blowing leaves and debris
• Accident Percent: 22%

Our team of car accident lawyers believes in the importance of preparation. So we have created an easy-to-follow Car, Truck & Motorcycle Accident Checklist designed specifically for your vehicle glove box.

Print it out and follow along with the checklist if you are involved in or witness a motor vehicle accident.

The helpful, easy-to-follow checklist includes:

• The information you need to exchange with other drivers
• What you SHOULD and SHOULD NOT say at the scene of an accident
• When to call law enforcement
• The important photos you should take at the scene
• How to deal with the insurance company