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When you’ve been involved in a car accident, determining who is at fault can often become a complex and contentious issue. Who is to blame, and were you liable in any way?
Proving liability—establishing which party was negligent and responsible for the accident—helps you understand what happened. Perhaps more importantly, this is a critical element of pursuing compensation for damages such as medical bills or lost wages.
This is where an experienced personal injury lawyer becomes invaluable to car accident victims.
At Mahony Law, our firm’s expertise and resources help Wisconsin victims build a solid case and prove the other party’s liability. We’re here to assist in navigating the intricate legal processes that accompany car accident claims, increasing your chances of fair compensation.
But more specifically: how do we assist with establishing and understanding liability? Let’s talk about it.
Liability in a car crash is typically determined based on the concept of negligence. This means proving that one party acted carelessly or recklessly, leading to the accident.
To establish negligence under Wisconsin law, the following elements must be proven:
Every driver has a legal obligation to operate their vehicle in a manner that protects the safety of others on the road. This includes following traffic laws, paying attention to road conditions, and avoiding reckless behaviors such as speeding or distracted driving.
A breach of duty occurs when a driver fails to meet their responsibility to drive safely. For instance, running a red light, texting while driving, or driving under the influence are clear examples of breaching this duty.
Causation involves linking the breach of duty to the accident itself. An auto accident lawyer will need to prove that the negligent actions of the other driver directly caused the car crash and the resulting damages.
Finally, it must be demonstrated that the accident led to measurable damages, such as medical expenses, vehicle repair costs, or lost wages. Without proof of damages, you likely cannot file a successful negligent personal injury lawsuit.
As a car accident attorney, it’s our job to help you determine all four of these elements before moving forward with your claim.
One of the first steps a lawyer takes to determine liability in an auto accident is conducting a thorough investigation of the scene. The police might have already done this, but we want to make sure every detail is covered.
This post-accident investigation typically involves:
Evidence such as photos of the accident scene, damage to vehicles, skid marks, and weather conditions at the time of the accident are hugely beneficial to building a strong case. These details help establish what occurred and who may be at fault.
Eyewitnesses can provide valuable accounts of the accident. An auto accident lawyer will likely interview these individuals to corroborate your version of events and strengthen your personal injury claim.
Police reports often contain crucial information, such as the officer’s observations and any citations issued at the scene. Lawyers use these reports to support their argument about fault and negligence in serious car accidents.
After the initial investigation, an auto accident lawyer will analyze the collected evidence to reconstruct the accident and further understand liability. This may involve working with experts such as:
These specialists use technology and data to recreate the sequence of events leading to the collision. Their findings can provide a clear picture of how the accident occurred and who was at fault.
Medical professionals can testify about the extent of your injuries and confirm that they were caused by the accident. Their input is vital for establishing causation and justifying compensation for medical expenses.
Economic experts calculate the financial impact of the accident, including lost wages, future earning potential, and other monetary damages. Their analysis confirms that all economic losses are fully accounted for.
Auto accident lawyers also play a critical role in dealing with insurance companies. Insurance adjusters often work to minimize payouts, and their interests rarely align with those of car accident victims.
Car accident lawyers will:
Your lawyer will handle all communications with insurance adjusters, making sure your rights are protected and you do not inadvertently say something that could harm your case.
Using the evidence gathered, your lawyer will advocate for a fair settlement that adequately compensates you for your car accident injuries and losses.
If negotiations with the insurance company fail, your lawyer will be prepared to take the car accident case to court. They will present a compelling argument to a judge or jury to secure the compensation you deserve.
Wisconsin follows a modified comparative negligence rule. This means that you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is 50% or less. However, your compensation will be reduced by your percentage of fault.
For instance, if you are found 20% at fault, your recovery will be reduced by 20%. An experienced Wisconsin auto accident lawyer will work to minimize your share of fault and maximize your compensation.
Some accident cases are pretty run-of-the-mill, but others require deeper investigation and more legal experience. For example, you’ll want to work with a reputable attorney if your claim involves…
Accidents involving multiple vehicles can make determining liability more challenging. An auto accident lawyer will need to carefully analyze evidence from all parties, such as crash reports and eyewitness testimony, to establish fault distribution.
When commercial vehicles are involved in car accident claims, liability may extend to the company that owns the vehicle. Lawyers will need to investigate whether factors like improper maintenance, driver fatigue, or company negligence played a role in the accident.
Accidents involving government vehicles can be more complicated due to the involvement of sovereign immunity laws, which protect government entities from lawsuits in many cases. Filing a claim against a government agency often requires navigating strict procedural rules and tight deadlines, which vary by jurisdiction.
Experienced car accident lawyers can help you understand your rights and make sure all legal requirements are met when pursuing compensation.
A 2024 study shows that as many as 32% of Milwaukee crashes result in hit-and-runs. These cases present unique challenges since the at-fault driver is not immediately identified.
Car accident lawyers will work with law enforcement and explore alternative options, such as uninsured motorist coverage, to help you recover damages and establish legal liability.
Dealing with the aftermath of a car accident can feel like a terrible maze, especially when it comes to proving who’s at fault. Fortunately, when an experienced auto accident lawyer steps in, you receive guidance at every twist and turn.
Our job is to support you, but more than that, it’s to make sure your rights are defended and you secure the payment you’re entitled to under the law. You can focus on healing and recovering while our auto accident law firm handles the more confusing details.
Proving liability in a car crash is no small task, but Mahony Law is up for it. Our experienced Wisconsin auto accident lawyers will serve as your advocates throughout this process, working tirelessly to make sure fault is appropriately assigned and that you receive fair compensation.
If you’ve been injured in a car accident, contact our auto accident law firm. We’ll schedule a free consultation to assess your situation and provide guidance.
Abby is the founder of Mahony Law and devotes her time to representing people who have been seriously hurt due to the negligence of others. Abby has handled injury cases of all types, including birth injury, wrongful death, automobile accidents, motorcycle accidents, pedestrian accidents, and truck accidents.
