Mitigating Liability: How Comparative Negligence Affects Car Accident Claim

Car accident cases in Wisconsin are not always black and white – and there may be multiple at-fault parties. Here’s how the “comparative negligence” rule works.

1. Understanding Comparative Negligence

Comparative negligence refers to the concept in which multiple parties can be responsible for a car accident – and the investigation assigns a percentage based on their contribution to the accident.

2. Determining Comparative Negligence

Determining the percentage of comparative negligence requires an in-depth investigation of evidence including (but not limited to): – The police report – Video footage from traffic cameras – Vehicle damage – Skid marks – Witness statements – Any photos taken of the scene

3. Calculation of Damages

At-fault parties are assigned a percentage based on their contribution to the accident – and must pay the victim’s damages accordingly.

4. Importance of Legal Representation

Without a skilled attorney who understands the state’s comparative negligence laws, seeking fair compensation for damages will be nearly impossible.

5. Statute of Limitations and Timeframes

Victims of car accidents have a three-year statute of limitations to file an injury claim involving comparative negligence after the date of the accident.

Looking for more?

Read the full post to learn more about how comparative negligence works in Wisconsin.

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