How Wisconsin Car Accident Laws Affect Your Personal Injury Claim

Wisconsin car accident laws are designed to help victims of accidents receive fair compensation for the harm they’ve suffered. But the law can also be confusing and difficult to navigate, especially if you’re new to it. You might be confused about your legal options, especially if you don’t have any experience with personal injury claims.

Car crashes in Wisconsin are very common. In 2020, there were roughly 23,700 injury crashes, with over 32,000 injured. When injuries are involved, legal action must be taken by victims to earn compensation for damages suffered.

You have options for seeking fair compensation after a car accident, and a baseline knowledge of the state’s laws will help you get your life back on track quickly.

In this post, we will discuss how Wisconsin Car Accident Laws may impact your personal injury claim.

1. The Initial Steps After the Crash
2. Wisconsin Car Accident Laws: Statute of Limitations
3. Wisconsin Shared Fault Laws
4. Damages Suffered
5. Insurance Liability
6. Rules for Government Entities

Let’s dive in!

1. The Initial Steps After the Crash

Drivers involved in car crashes in Wisconsin are required to:

• Stop at the scene
• Render necessary assistance to those involved 
• Call the authorities 
• Remain at the scene to give contact details, registration, license, and insurance information

If these laws are not followed, your chances of receiving fair compensation could be compromised. 

Now, knowing exactly what to do after a car accident is not always clear – you may be in shock. Even if you didn’t follow every step, you may still be eligible for benefits from the at-fault party. Get in touch with a Wisconsin personal injury lawyer to learn more about your options.

2. Wisconsin Car Accident Laws: Statute of Limitations

The statute of limitations in Wisconsin for filing car accident claims is three years after the event. If there was a death, the statute of limitations of a car accident injury claim is two years, beginning from the date of death.

If you miss your deadline, you lose the right to file a lawsuit and recover compensation for your injuries. You also lose any rights to reimbursement for medical bills or other losses resulting from your accident. Unless Wisconsin hit-and-run laws mandate otherwise, an insurer must pay all claims promptly. A claim is considered overdue if not paid within 30 days of the insured giving written notice of the loss and its amount.

3. Wisconsin Shared Fault Laws

As a car accident victim, you need to know the party liable for your pain and suffering. But the answer to this question is complicated — and it’s not always as simple as pointing your finger at the person who hit you.

In Wisconsin, shared fault laws or modified comparative negligence is a system in which all people involved in an automobile accident are held responsible for part of the liability. 

For example, Driver A ran a red light and collided with Driver B. Driver A is primarily at fault for the accident because they broke the law. But in Wisconsin, the conversation does not stop there. Driver B may be proven partially liable because they may have been speeding or driving drastically under the speed limit. 

If proven that they did not act as a reasonable driver would in similar circumstances, Driver B’s claim value may be reduced by the percentage determined by the judge in the personal injury case. 

If Driver B’s injuries are given a full value of $20,000, but they were found to be 20% at fault for the accident, they will only be entitled to $16,000. 

Shared fault compensation regulations mandate that drivers can pursue damages from the other party if they are found to be less than 50% at fault for the accident. Insurers and opposing attorneys will do everything possible to minimize an injured party’s claim. To receive fair compensation, it is best to partner with an experienced Wisconsin car accident attorney.

4. Damages Suffered

In Wisconsin, there are three types of damages that victims of car accidents can recoup from the at-fault party in a personal injury claim. 

Here are the types of damages that victims may recoup under Wisconsin car accident laws:

• Specific damages – medical expenses, lost wages, property damage, etc.
• General damages – pain and suffering, loss of enjoyment, reduced quality of life, etc. 
• Punitive damages – awarded for recklessness from the at-fault party in causing the accident.

When you work with a car accident attorney, they will help you calculate all your damages and file the injury claim with the at-fault party.

5. Insurance Liability

The minimum liability in Wisconsin car crashes is $25,000 for bodily injury or death, $50,000 for injury or death per accident, and $10,000 for property damage. 

If you are involved in a crash with an uninsured driver, contact your local DOT office and ask how long they have been operating without insurance. This will determine if you can file a claim immediately or if they will be required to post bond and pay restitution before litigation. 

Penalties for uninsured drivers involve a bond of $50 per month with the Department of Transportation to drive legally on public roads. 

In Wisconsin, car insurance is legally required to include uninsured motorist coverage. So if you are injured in an accident caused by an uninsured driver, your insurance will compensate you for your injuries up to the policy limits.

6. Rules for Government Entities

If you are injured in a car accident with a government vehicle, the rules are slightly different than if private individuals were involved. 

In addition to the standard requirements for filing a personal injury lawsuit, victims must send a notice to the attorney general within 120 days. This notice must include all the facts surrounding the accident, along with the names and contact information of the involved government employees. The victim must also state how much they are seeking in damages.

Total damages are limited to $250,000 per person; this includes out-of-pocket expenses like medical bills and lost wages.

Wrapping Up

If you’ve been injured in a car accident in Wisconsin, you must first call the authorities and seek medical attention. And then, you must ensure that your rights are protected and that you can recover from the accident and its aftermath.

Local laws protect people injured in car accidents, but their intricacies can be challenging to parse. If you are injured in a Wisconsin car accident, an attorney will guide you through your personal injury claim so you can get the compensation you deserve. 

Mahony Law’s personal injury lawyers are passionate about defending the rights of the injured. If you don’t receive a recovery, their services are free. Call (262) 331-3553, send an email to info@mahony-law.com or book a free consultation today.