9.00AM- 5.00PM
(262) 331-3553
At the risk of stating the obvious, navigating the aftermath of a car accident can be overwhelming and stressful, especially when trying to understand your rights and options.
If you’re in this situation, know that we’re here to help.
At Mahony Law, our attorneys understand how you’re feeling ー and we want to support you every step of the way. That’s why we’ve created a comprehensive guide to empower victims through crucial information on car accident injury law in Wisconsin.
If you’ve been harmed or negatively impacted by a vehicle crash, keep reading to learn about your rights and legal avenues. Trust us: you’re not alone in this, and our attorneys will help you explore every option.
To highlight the severity of this topic for local victims, here are some statistics reported by the Wisconsin Department of Transportation in 2022:
Rear-end collisions are among the most common on Wisconsin roads and are often caused by distracted driving, sudden stops, or following too closely. Chances are, you’ve narrowly avoided hitting someone else or getting hit many times before.
These accidents can lead to a range of injuries, particularly whiplash and back strain, as the occupants of the vehicle that is struck may be jolted forward unexpectedly.
Head-on collisions involve two vehicles crashing into each other from opposite directions. These types of violent, sudden accidents are extremely dangerous and often result in severe injuries or fatalities due to the combined force of the two vehicles.
Factors such as impaired driving, excessive speed, and driving on the wrong side of the road contribute to the occurrence of head-on crashes, making them some of the most catastrophic types of accidents.
According to the Insurance Information Institute, head-on collisions in 2022 accounted for 10.8% of all fatal car crashes, highlighting their severity and risk to human life.
More commonly referred to as T-bone accidents, side impact accidents occur when the front of one vehicle strikes the side of another. These typically happen at intersections when one driver runs a red light or stop sign.
T-bone accidents are often exacerbated by high speeds and can lead to significant property damage and medical expenses. The vulnerable side of vehicles provides little protection, which can result in serious injuries to occupants.
A couple of years ago, the Insurance Institute for Highway Safety (IIHS) reported that side-impact accidents accounted for 22% of vehicle occupant deaths in car accidents, making them extremely dangerous.
Sideswipe collisions happen when two vehicles traveling parallel to each other make contact, often due to one driver changing lanes without sufficient clearance. While these accidents may seem less severe than others, they can still lead to significant injuries and damage, particularly if one vehicle is forced off the road.
Single-vehicle accidents involve only one vehicle and can occur for various reasons, such as losing control, hitting a fixed object, or rolling over. These collisions account for roughly 26% of car accident deaths, according to the National Safety Council.
Wisconsin weather conditions, such as icy roads, often contribute to these incidents, especially in winter months. While these accidents may seem less complicated legally, determining liability can still be complex, particularly if road conditions or vehicle defects played a role.
If you pay attention to local news, you might remember the 85-car pile-up that occurred near Beloit in January of 2023, shutting down all lanes of I-39/90. As much as we wish we could say that such pile-ups are rare, that’s not necessarily true.
Foul weather conditions, speeding, and sudden stops are common contributors to multi-vehicle pile-ups, making them particularly dangerous on Wisconsin’s cold highways. These accidents can cause extensive injuries and damage, complicating the claims process as multiple parties may be involved.
Rollover accidents take place when a vehicle tips over onto its side or roof, often due to sharp turns, collisions, or unstable driving conditions. SUVs and large trucks are more prone to rollovers due to their higher center of gravity.
Regardless of the vehicle type, these accidents can lead to severe injuries, as occupants can be thrown or suffer crushing injuries. Rollovers may also involve multiple vehicles, further complicating liability and claims.
Hit-and-run accidents occur when a driver involved in a collision leaves the scene without providing contact information or assisting anyone who has been hurt. These incidents are particularly troubling as they leave victims without immediate recourse for medical expenses or damages.
Wisconsin law requires drivers to stop after an accident ー and the penalties for failing to do so can be severe. If they are able to do so, victims of hit-and-run accidents should promptly fill out a crash report with law enforcement and gather any available evidence to aid in their claim.
Pedestrian and bicycle accidents involve collisions between motor vehicles and individuals on foot or riding bicycles. These accidents can lead to serious injuries or fatalities, given the immense vulnerability of pedestrians and cyclists.
According to Zero in Wisconsin, one in five crashes involves distracting driving. In fact, a distracted driving accident happens roughly every 22 minutes in our state thanks to things like smartphones, loud music, and car screens.
Any loss of focus can result in delayed reaction times and poor decision-making, increasing the likelihood of life-threatening or serious collisions.
Wisconsin has experienced a general decline in speed-related injuries and fatalities over the years. Still, 176 people were killed in speed-related accidents just last year, and over 6,000 were hurt.
Speeding car accidents are often exacerbated by the state’s varying weather conditions and road types. When drivers exceed the posted speed limits, they reduce their ability to react to sudden obstacles, increasing the severity of accidents.
Speeding can lead to more violent crashes, resulting in greater damage to vehicles and more severe injuries to victims.
Driving under the influence of alcohol is a serious, tragic, and avoidable cause of car accidents in Wisconsin. Operating a vehicle after drinking is associated with impaired judgment, coordination, and reaction times, significantly increasing the risk of collisions.
Despite ongoing public awareness campaigns, the dangers of driving while intoxicated persist. In 2022 alone, the state of Wisconsin experienced 6,192 alcohol-related crashes, 158 resulting fatalities, and 3,114 associated injuries.
Reckless driving encompasses a range of aggressive behaviors, such as tailgating, weaving in and out of traffic, and ignoring traffic signals. This type of driving endangers not only the reckless driver but also everyone sharing the road.
If you’ve been the victim of someone else’s reckless driving, know that they can (and should) be held accountable for their negligence.
As we’ve already mentioned, weather conditions, such as snow, ice, rain, and fog, significantly impact driving safety. The State of Wisconsin DOT reported that in just one season, winter weather contributed to more than 15,000 crashes and 38 deaths.
Slippery roads can reduce traction and increase stopping distances, making it more challenging for drivers to maintain control of their vehicles. Additionally, reduced visibility during storms can lead to accidents if drivers fail to adjust their speed and driving behavior.
Long commutes and demanding work schedules can lead to sleep deprivation, which increases the risk of drowsy driving. Fatigued drivers often experience slower reaction times and impaired decision-making, making them more susceptible to accidents.
Subpar Wisconsin road conditions, such as potholes, poorly marked lanes, and inadequate signage, can create hazardous driving situations. These conditions may lead to loss of control, collisions with other vehicles, or crashes involving obstacles.
Inexperienced drivers, particularly teenagers and young adults, are often involved in car accidents due to their lack of driving experience and familiarity with road rules. This inexperience can lead to poor decision-making, overconfidence, and inadequate handling of unexpected situations.
These occur when a driver fails to signal or check their blind spots before moving into another lane, often resulting in collisions with other vehicles. Such accidents can be particularly dangerous on highways and busy streets where vehicles are traveling at high speeds.
Alcohol isn’t the only substance that can increase the risk of accidents. Driving under the influence of many drugs, whether prescription, over-the-counter, or illegal substances, poses significant risks to road safety.
In Wisconsin, the dangers of drug-impaired driving continue to be a significant concern. In 2023, one person was killed or harmed in an alcohol or drug-impaired crash every 2.3 hours.
We’ve explored some of the main causes of vehicle crashes in Wisconsin ー now it’s time to talk about the specific injuries that can affect victims like you as a result of these mistakes.
Whiplash is a common injury resulting from the sudden jerking motion of the head during a car accident, often seen in rear-end collisions. This injury can cause pain and stiffness in the neck, headaches, and even cognitive issues. Treatment may include physical therapy and pain management, and prompt medical attention is crucial.
Concussions are traumatic brain injuries that can occur during a car accident, particularly if a person’s head strikes an object or is jolted violently. Symptoms can range from headaches and confusion to dizziness and memory issues. Recovery time varies, and medical evaluation is vital to ensure proper care and monitoring of potential complications.
Fractures or broken bones are frequent injuries in car accidents due to the impact forces involved. They can occur in various areas of the body, including the arms, legs, ribs, and spine.
Treatment often involves immobilization, surgery, and rehabilitation. The recovery process can be lengthy and may require physical therapy to regain full function.
These injuries encompass damage to muscles, tendons, and ligaments, often resulting from the force of a collision. Common types include sprains and strains, which can lead to pain, swelling, and limited mobility. Treatment typically involves rest, ice, compression, and elevation (RICE), along with physical therapy for more severe cases.
Spinal cord injuries are among the most severe consequences of car accidents, potentially leading to paralysis or loss of sensation. These injuries can result from direct trauma to the spine or from sudden jolting movements.
Immediate medical intervention is critical for managing these injuries after a crash, and ongoing rehabilitation may be necessary to optimize recovery and adaptation.
Lacerations and bruises are common injuries in car accidents, often resulting from contact with broken glass, metal, or other objects within the vehicle. While many lacerations may be superficial, deeper cuts can require stitches and may lead to infection.
Internal injuries, including damage to organs and internal bleeding, can occur in car accidents but may not be immediately apparent. These injuries often require prompt medical evaluation and intervention to prevent serious complications.
Symptoms of a hidden internal injury may include abdominal pain, dizziness, and changes in consciousness. However, these are hard to miss in the adrenaline rush after a crash. That’s why it’s always crucial to seek medical attention after a car accident even if you feel fine initially.
The first step in determining liability involves a thorough investigation of the accident scene. This includes gathering evidence such as police reports, photographs, witness statements, and any available surveillance footage.
A proper car accident investigation will aim to reconstruct the events leading up to the accident. This helps establish a clear understanding of how it occurred and who was involved.
Once the investigation is complete, the next step is to establish fault. This involves analyzing the collected evidence to determine which party acted negligently or failed to follow traffic laws, leading to the accident.
After establishing fault, the involved insurance companies should be notified to begin the claims process. Each party’s insurance company will review the evidence and determine their client’s level of liability.
This process often involves negotiating with the insurance adjusters to assess damages and compensation amounts based on the determined fault.
Finally, the involved parties will enter settlement negotiations, which are typically facilitated by their respective attorneys. During this phase, each side presents their case regarding damages and compensation, aiming to reach an agreement without going to trial.
If a fair settlement cannot be reached, the injured party may consider taking the case to court to seek the compensation they deserve.
In Wisconsin, all drivers are required to carry a minimum amount of liability insurance to cover damages resulting from car accidents. The state mandates that drivers have at least $25,000 in coverage for bodily injury per person, $50,000 for total bodily injury per accident, and $10,000 for property damage.
Wisconsin law requires that all car accidents resulting in injury, death, or property damage exceeding $1,000 must be reported to law enforcement. This includes notifying the local police department or sheriff’s office.
If you have been involved in an accident, make sure to provide details such as your name, address, vehicle information, and insurance details. Failure to report an accident can lead to penalties and may complicate the claims process in the future.
Wisconsin operates under a fault-based system for car accidents. In other words, the driver determined to be at fault for the accident is responsible for compensating the other party for their damages.
This contrasts with a no-fault system, where each party’s insurance covers their own medical expenses and lost wages, regardless of fault.
Wisconsin also follows a comparative negligence rule, which allows for the allocation of fault among drivers involved in the car accident. This means that if both drivers share responsibility for the accident, damages awarded to the injured party will be reduced by their percentage of fault.
For example, if a victim is found to be 20% at fault for the accident, their total damages will be reduced by that percentage.
Definite comparative negligence in Wisconsin means that an injured party can recover damages as long as they are not more than 51% at fault for the accident. If a victim is found to be 51% or more at fault, they cannot recover any damages.
Damage reduction in Wisconsin refers to the principle that an injured party’s compensation will be reduced based on their percentage of fault in the accident. This means that if a driver contributes to the circumstances of the accident, their potential recovery will be diminished accordingly.
In Wisconsin, the statute of limitations for filing a car accident claim is three years from the date of the accident. This means that injured parties must initiate legal proceedings within this time frame to seek compensation for their injuries and damages.
Failing to file a claim within this period can result in the loss of the right to recover damages. Therefore, if you’ve been impacted by a vehicle collision, we recommend acting immediately with the help of an experienced attorney.
For property damage claims in Wisconsin, the statute of limitations is also three years from the date of the accident. This applies to damages to vehicles and other property resulting from the collision.
Some exceptions may extend the statute of limitations in Wisconsin. For example, if the injured party is a minor or is deemed mentally incompetent, the deadline for filing may be tolled until they reach legal adulthood or their competency is restored.
If you’re wondering about your case and its specificity, contact a local car accident attorney. They’ll help you understand Wisconsin’s laws and how they apply to your deadlines and options.
After a car accident, your first priority should be to ensure the safety of everyone involved. If possible, move vehicles out of traffic to avoid further accidents and assess any injuries to yourself and others. Call 911 if there are injuries or if the vehicles are blocking the road.
As you speak with others at the scene, avoid apologizing or admitting fault to witnesses or the other driver. Such statements could make things complicated should you decide to take legal action or pursue compensation for a reportable crash.
As we mentioned, you must report any accident that results in injury, death, or property damage exceeding $1,000 to local law enforcement. When officers arrive, they will document the scene, gather information from the involved parties, and create an official accident report.
This report is crucial for insurance claims and potential legal proceedings, so make sure you obtain a copy or the report number for your records.
Collecting evidence at the accident scene is one of the best ways to establish liability and support your claim. We recommend collecting…
If there were any witnesses to your accident, collect their contact information as soon as possible. Eyewitness statements can provide valuable insight into the circumstances of the accident and help corroborate your account of events.
Ask for their names, phone numbers, and addresses, and if they’re willing, a brief statement of what they observed. This information can be highly valuable for both your insurance claim and any potential legal action.
Always seek medical care after an accident, even if you feel fine. As we mentioned, some injuries may not manifest immediately, and it’s always smart to have a paper trail of medical evaluation and treatment.
Filing an insurance claim is the first step in seeking payment for your injuries and damages after a car accident. Notify your insurance provider as soon as possible to get the ball rolling and avoid jeopardizing your claim.
When you file the claim, your insurance provider will assign an insurance adjuster to assess the details of the accident, review the documentation provided, and determine the extent of coverage available.
To support your claim, you will need to present all of the evidence you have collected, including police reports and any relevant information about your vehicle, such as repair estimates and receipts.
The more comprehensive your documentation, the smoother the claims process is likely to be.
Dealing with insurance adjusters can be one of the most challenging aspects of filing a claim. Adjusters are trained to evaluate claims and may try to minimize the amount the insurance provider pays out.
Communicate clearly and provide all the necessary documentation to support your claim. Additionally, be cautious when discussing the accident; avoid making statements that could be construed as admitting fault or downplaying your injuries.
Some other tips include…
We also highly recommend having a personal injury attorney review your claim and represent you in negotiations with the insurance adjuster. Their job is to defend your rights and ensure you aren’t lowballed or pressured into accepting an unfair offer.
In our state, car accident victims have the right to seek compensation for damages resulting from their injuries and losses. This includes the right to file a claim with the at-fault driver’s insurance, access their medical records related to the accident, and obtain legal representation to advocate for their rights.
Victims can also pursue legal action if they are not offered fair compensation for their damages. Don’t accept a settlement that doesn’t fully cover your needs.
Both drivers and passengers have responsibilities when it comes to road safety and accident prevention.
Drivers are expected to operate their vehicles with due care, obey traffic laws, and avoid behaviors that could lead to accidents, such as distracted or impaired driving. Passengers should ensure their own safety by wearing seatbelts and avoiding distractions that could interfere with the driver’s ability to operate the vehicle safely.
Failure to adhere to these responsibilities can impact liability in the event of an accident.
Personal Injury Protection (PIP) is a type of insurance coverage that helps pay for medical expenses and lost wages for the insured party and their passengers, regardless of who is at fault in the accident. While Wisconsin does not require PIP, it can be beneficial for those who want additional coverage.
This guide has probably given you a great deal to think about. The good news? You don’t have to handle all of this on your own. Hiring a Wisconsin car accident attorney is the best way to seek fair compensation after an accident.
Car accident attorneys possess the legal knowledge and experience necessary to skilfully navigate the complexities of car accident claims, including understanding Wisconsin laws and negotiating with insurance companies.
We help victims build a strong case by strategically presenting all the relevant evidence and protecting their legal rights.
When choosing a car accident attorney, carefully consider their experience, track record, and expertise in personal injury law. We advise that you find an attorney who specializes in car accident cases and has a proven history of successfully securing compensation for clients.
Additionally, assess their communication style and approachability; you should feel comfortable discussing your case openly. They’ll be your support team, and you need to be able to trust them.
Your attorney will guide you through the legal process, advocate for your rights, and handle all the communication with insurance companies. They’ll also assist in gathering evidence, filing necessary paperwork, and negotiating settlements.
If a fair settlement cannot be reached, your car accident attorney will prepare for potential litigation and ensure your best interests are strongly represented throughout the entire process.
Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Their fees typically range from 25% to 40% of the settlement or award, depending on the complexity of the case.
This payment structure allows victims to seek legal representation without upfront costs, making it easier for those affected by car accidents to access the legal support they need.
The litigation process in car accident cases begins if/when negotiations with the insurance provider fail to yield a fair settlement. This may be due to the insurance refusing to offer adequate compensation, disputes regarding liability, or serious injuries that warrant a more substantial claim.
The first step is filing a lawsuit in the appropriate court. This involves preparing and submitting a complaint outlining the details of the accident, the car accident injuries sustained, and the damages being sought.
The lawsuit officially initiates the legal process and notifies the defendant of the claims against them.
During this stage, both parties will exchange information and evidence related to the case. This may include written questions (interrogatories), requests for documents, and depositions of witnesses and parties involved.
After the discovery phase, parties often engage in settlement negotiations in an effort to resolve the case without going to trial. During this phase, attorneys from both sides discuss potential settlement amounts based on the evidence gathered.
If an agreement is reached, the case can be resolved through a settlement, avoiding the time and expense of a trial.
If a settlement cannot be reached, the case will proceed to trial preparation. This involves finalizing legal arguments, gathering witnesses, and organizing evidence to be presented in court.
Both parties will prepare for trial by strategizing their presentations, which may include rehearsing witness testimony and reviewing key points of law.
During a trial, both sides present their cases before a judge or jury. The process typically begins with opening statements from each attorney, followed by the presentation of evidence, including witness testimonies and expert opinions.
After both sides have presented their arguments, closing statements are made, and the judge or jury will deliberate before reaching a verdict. The outcome of the trial will determine whether the plaintiff is awarded compensation and the amount, if any.
In Wisconsin, victims are not technically required to obtain legal representation for litigation. However, attorneys possess the hard-won knowledge and track record to navigate the legal complexities of the courtroom. They understand the rules of evidence, courtroom procedures, and how to effectively present your case to a judge or jury.
Their experience can significantly improve your chances of a favorable outcome, as they are equipped to counter opposing arguments and advocate for the best possible compensation for their clients.
Victims of car accidents in Wisconsin have the right to seek various types of compensation to cover the losses they have incurred. This includes reimbursement for…
Each of these categories aims to restore the victim to their pre-accident state as much as possible. If you believe you are owed any of these reimbursements, now is the time to contact a car accident attorney.
Determining the value of damages in car accident cases involves assessing the total financial impact of the accident on the victim’s life. This calculation takes into account direct expenses, such as medical bills and vehicle repair costs, as well as indirect costs like lost income and emotional distress.
The goal is to arrive at a comprehensive figure that reflects both the tangible and intangible losses suffered by the victim.
Several factors can influence the amount of compensation for car accident injuries. These include the…
These factors can significantly complicate damage calculations, making it even more important to work with an attorney who deeply understands the impact of each factor.
In Wisconsin, punitive damages may be awarded in car accident cases involving gross negligence or willful misconduct, providing an additional layer of accountability for irresponsible drivers.
Unlike compensatory damages, which are intended to cover actual losses, punitive damages serve as a penalty for the wrongdoer and a deterrent against similar behavior in the future.
If you are involved in an accident with an uninsured or underinsured driver, you may be able to file a claim with your own insurance company if you have uninsured or underinsured motorist coverage. This type of coverage helps protect you in cases where the at-fault driver lacks sufficient insurance to cover your damages.
As terrible as hit-and-run accidents may be, they’re unfortunately common. The Department of Transportation reported 19,891 in 2022 alone.
In the unfortunate event of a hit-and-run accident, Wisconsin law requires you to report the incident to law enforcement immediately. If you have uninsured motorist coverage, you may file a claim with your insurance to recover damages.
Auto accidents involving commercial vehicles can be more complex due to the potential liability of the driver’s employer. In such cases, both the driver and the company may be held responsible for damages ー and it’s essential to consult with an attorney who understands the nuances of commercial vehicle regulations and liability laws.
When an accident involves a government vehicle (or government-owned property), special considerations apply, including potential sovereign immunity, which may limit the ability to sue government entities.
In Wisconsin, victims must adhere to specific notice requirements when filing claims against governmental bodies. If you’ve been in a wreck with a government vehicle, seek aid from a specialized car accident legal firm immediately.
Millions of people are harmed in car accidents every year, and the truth is, many of them are preventable. If you or someone you love has been a victim, know that you have avenues for seeking justice and monetary compensation.
If you find yourself navigating the complexities of a Wisconsin car accident claim, reach out to Mahony Law. Our dedicated team is here to help you every step of the way, from filing a claim with your insurance company to taking negligent parties to court. Schedule a free case evaluation today to get started.
Our Wisconsin personal injury law firm has a true passion for helping people. Allow Mahony Law to pursue justice for you and your family after an injury or accident.
