Personal Injury

Losing a close family member is never an easy thing to accept, especially after a fully preventable loss.

Unfortunately, some people drive recklessly, carelessly, or while they are drunk, and bring about a fatal car accident that leads to someone else’s untimely death.

When that happens, certain family members may qualify to pursue a wrongful death claim or lawsuit depending upon the jurisdiction where the fatal car crash happened.

Who Can Bring a Wrongful Death Claim or Lawsuit?

Several categories of surviving family members may be eligible to bring a wrongful death claim or lawsuit, depending upon the jurisdiction where a fatal car accident happens.

Common examples of individuals who can file a wrongful death claim include a surviving spouse of the deceased individual, along with children, parents, siblings, and distant relatives, if no other surviving family members are alive.

Also, in some jurisdictions, the court must first appoint a personal representative of the deceased individual’s estate before filing a wrongful death claim.

Once someone has opened an estate, the personal representative – or PR – can file the appropriate wrongful death claim or lawsuit seeking monetary recovery.

Your attorney can determine your eligibility for pursuing wrongful death compensation and take the necessary steps to move your case forward.

After filing a wrongful death claim with the at-fault motorist’s insurance company, your lawyer can begin negotiating the claim on your behalf and working to recover the full compensation you need.

Types of Car Accidents That May Lead to a Wrongful Death Action

Unfortunately, when motorists drive carelessly and recklessly, they may cause a serious accident that leads to one or more fatalities.

Some of the most common types of car accidents that result from driver negligence – and which may lead to a fatality include:

• Head-on collisions, where the front of one vehicle hits the front of another vehicle, usually occur when the at-fault driver is not paying attention or is under the influence of alcohol or drugs
• Broadside or T-bone collisions, usually happen at a traffic intersection when a driver runs a red light, yield sign, or stop sign and fails to yield the right-of-way to a vehicle that is traveling on an intersecting road
• Rollover accidents, where a driver drives too fast around a sharp curve or fails to take prevailing traffic and weather conditions into account when operating their vehicle
• Pedestrian accidents, where a driver fails to lawfully yield the right-of-way to a pedestrian who is present in an intersection crosswalk or in a parking lot or parking garage

If someone you love recently suffered fatal injuries in a car accident, involve a wrongful death attorney in your case as quickly as possible.

If the accident circumstances are unclear or if the insurance company is disputing liability (or fault) for the accident, your attorney can retain an accident reconstructionist or other individual who can visit the scene of occurrence, obtain forensic evidence, take measurements, review police reports, and speak with witnesses about how the accident happened.

The accident reconstructionist can then draft their own report about how the accident occurred and who was ultimately responsible. In your case, that individual can also testify as a witness during a discovery deposition or civil jury trial.

Common Causes of Fatal Car Accidents

Fatal car accidents frequently occur when motorists deviate from the standard of care by violating one or more traffic laws. For example, a motorist may negligently cause a fatal car accident if they speed (especially in adverse weather or traffic conditions), fail to yield the right of way, and violate other common traffic laws.

A motorist may also cause a fatal collision if they engage in road rage – or reckless driving. Specifically, a negligent or angry driver may attempt to pass other vehicles at improper times, fail to use their turn signals, or aggressively tailgate other vehicles, bringing about a serious accident.

Fatal motor vehicle crashes can happen when a driver does not watch the road carefully. For example, a driver may fail to look in their mirror or use their backup camera when pulling out of a parking space, negligently striking a pedestrian behind them with significant force.

Similarly, a distracted driver may cause their vehicle to leave its travel lane, cross a double line or median strip, and collide with an oncoming vehicle.

Distracted driving can take many forms, but some of the most common examples involve:

• Combing one’s hair while driving
• Applying make-up
• Eating and drinking while driving
• Texting on a tablet or cellular phone
• Programming a GPS navigation system
• Adjusting the volume on a car stereo system
• Listening to loud music
• Roughhousing with vehicle passengers
• Disciplining young children seated in the vehicle

These activities may cause a driver to lose their mental focus or take their eyes off the road, preventing them from observing an approaching motorist or pedestrian and causing a fatal accident.

Finally, some fatal car crashes happen because of legally intoxicated drivers.

In most situations, a passenger vehicle operator who is 21 years of age or older is legally intoxicated if their blood alcohol concentration (BAC) reaches a level of 0.08 percent or greater.

A legally intoxicated driver may be physically or mentally unable to drive in a safe, prudent, and careful manner, given the circumstances. This is because alcohol and drugs can severely alter a driver’s perception, mindset, concentration, and muscular coordination.

As a result, the intoxicated driver may experience blurred vision, dizziness, delayed reflexes and reaction time, poor judgment, and other serious symptoms that cause them to make a serious mistake while on the road, leading to a fatal car accident.

If you recently lost a loved one as a result of another driver’s careless or reckless actions, talk to a wrongful death attorney near you as soon as you possibly can. Your wrongful death attorney can handle the legal components of your case while you and other family members take the time to grieve the untimely loss of your loved one.

How an Attorney Can Help

First, a wrongful death lawyer can meet with you to determine your eligibility for pursuing wrongful death compensation via a claim or lawsuit. Your attorney can file the appropriate claim on your behalf and negotiate with insurance company representatives for the fair monetary compensation you deserve.

Additionally, if the insurance company does not offer you favorable settlement compensation, your lawyer can pursue wrongful death litigation in the court system and handle every step of the process for you.

Even in a wrongful death claim or lawsuit, the at-fault driver’s insurance company is not on your side, and they will do everything they can to avoid a large financial payout in your case.

Your attorney can aggressively advocate for your legal interests and work to maximize the compensation you and other surviving family members receive for the loss of your loved one.

Successfully Proving a Wrongful Death Claim

A knowledgeable wrongful death lawyer in your area can file a claim with the appropriate insurance company on your behalf. In most scenarios, your attorney will deal with the insurance company for the at-fault motorist who caused the fatal accident.

At the beginning of the claim, your wrongful death attorney can submit copies of police reports, funeral expenses, medical treatment records, medical bills, video camera footage of the accident (if available), witness statements, and a copy of the decedent’s death certificate.

If the insurance company accepts fault for the accident, then settlement negotiations may commence.

During settlement negotiations, your attorney will typically ask for a specific amount of money within the limits of the available insurance policy coverage. The insurance company adjuster will then respond to the settlement demand letter with a monetary offer.

However, even in a wrongful death claim, these offers are typically far below the case’s true value. In other words, there is almost always additional money on the table, no matter the adjuster’s initial settlement offer amount.

Your wrongful death attorney can zealously represent your legal interests during ongoing settlement negotiations and push for additional compensation on your behalf.

Also, if that compensation is not forthcoming within a reasonable amount of time, your lawyer may file a wrongful death lawsuit in court and resolve your case through the litigation process.

If your case does not settle during litigation, then your attorney may take your case to a civil jury trial or pursue alternative dispute resolution (ADR) in your case, such as mediation or binding arbitration.

Throughout the case, your attorney can provide the information necessary to make informed and intelligent decisions. For example, your lawyer may counsel you on whether or not it is a good idea to accept a particular settlement offer from the insurance company or whether you may be better off litigating your case to a conclusion in the court system.

The blue lights are no longer flashing, and the sirens are quiet. The cars have been towed away and the glass swept to the gutter. In the aftermath of a serious car accident, a lot of worries come later.

Financial concerns are a big part of the equation. The loss column adds up quickly – medical bills, time off work, a damaged or totaled vehicle, and the possibility of future expenses from injuries and other suffering. If you’re wondering how you’ll get back on your feet financially, you’re not alone.

Typical Car Accident Settlement Amount in Wisconsin

Settlement amounts can range from a few thousand dollars to several hundred thousand dollars (sometimes millions) for more severe cases.

There is no set or average settlement amount for car accident claims in Wisconsin. The value of a claim depends on several factors, including the severity of injuries, property damage, medical expenses, and lost wages. It may also include future medical costs, time off work, and compensation for pain and suffering.

However, some studies have found that the median amount in the U.S. is around $15,000 – $20,000, when it comes to auto accidents. That said, the results can vary significantly.

What Type of Compensation Could I Expect by Filing a Claim?

To figure out what damages you can claim after a car accident, your lawyer will first determine who was at fault. They will investigate the crash by gathering evidence such as police reports, witness and driver statements, and photos or videos from the accident scene.

Your lawyer will also check if any drivers broke traffic laws since violations can help prove fault.

For more complicated cases, they may work with accident experts who use science to recreate the crash. These experts analyze details like speed, braking, and vehicle positions to help show who is responsible.

Once you establish liability, your lawyer may file a claim usually seeking specific damages and general damages. In some cases, car accident lawyers will also file for punitive damages.

Calculating Damages for Pain and Suffering

Lawyers typically use one of two methods to calculate pain and suffering in a car accident claim.

1. Multiplier method: This method involves multiplying the total economic damages (medical expenses, lost wages, etc.) by a certain factor.
2. Per diem method: With this approach, your lawyer assigns a daily rate to your pain and suffering, often based on the nature and extent of your injuries. They then multiply this daily rate by the number of days you’ve suffered and are expected to suffer in the future.

There’s no fixed formula for calculating pain and suffering, and the approach used can vary depending on the circumstances of the case, the jurisdiction, and legal precedents.

Calculating Damages for Future Expenses and Losses

Calculating future expenses and losses requires a thorough understanding of both legal principles and the specific details of your case.

Here’s an overview of how lawyers typically calculate these future costs in key areas:

• Medical Expenses: Your attorney will collaborate with medical experts to evaluate your injuries and estimate future medical costs. This includes ongoing treatments, surgeries, therapy, and medications. They will also account for inflation to ensure an accurate estimate.

• Lost Earnings: If your injuries prevent you from working or reduce your future earning potential, your lawyer will calculate the income you would have earned without the accident. They may consult vocational experts to assess how your injuries affect your ability to work and earn a living.

• Pain and Suffering: To estimate future pain and suffering, your lawyer will consider the severity of your injuries, medical prognosis, and how your injuries impact your quality of life. They will also factor in how long you are expected to experience pain and suffering.

In cases of severe injury, your lawyer may collaborate with life care planners. These experts create detailed plans outlining the ongoing medical care, assistive devices, and other necessities you’ll need in the future.

Lawyers also typically account for inflation and the time value of money when calculating future expenses and losses. They may use financial experts to determine appropriate adjustments and present-day values for future costs.

Lawyers will also check for past cases similar to yours to see how courts have awarded future expenses and losses. This helps estimate what you might receive in your claim.

Won’t Car Insurance Pay My Claim? Why Do I Need a Lawyer?

After a car accident, most people figure the process is simple. Just file a personal injury claim with your insurance company. However, investigating and evaluating a car accident can be complex. A personal injury lawyer is an important ally in your corner, especially when a crash involves significant injuries, disputes over liability, or multiple parties involved.

Typically, insurance companies start the claims process by reviewing your estimate of what it will cost to repair your vehicle. Depending on your coverage, you may be reimbursed for those costs after you pay a deductible.

If the repair costs are too high, then the insurance company might total your vehicle, in which case you could recover compensation for its current market value. This also depends on your policy and coverage. But insurance companies often minimize payouts to protect their bottom line.

A lawyer can negotiate with the insurance company to maximize your compensation, including for damages not covered by your policy, like pain and suffering.

Understanding UIM/UM With a Lawyer’s Help

Additionally, an attorney can help you navigate your own insurance policy’s uninsured/underinsured motorist coverage after an accident with a hit-and-run at-fault driver.

A lawyer can investigate the accident, gather evidence, interview witnesses, and work with accident experts to determine liability. This is particularly important in states with comparative negligence laws.

Wisconsin follows a modified comparative negligence rule. That means if you are partially at fault for the accident, you can still recover damages, but your award may decrease by the percentage of fault assigned to you. If you are 51 percent or more at fault, you may not recover compensation.

When estimating how much a car accident claim is worth, a lawyer will work with healthcare providers to ensure your medical bills are appropriately handled and factored into your compensation. They can also calculate future medical costs and the potential long-term effects of your injuries.

After a car accident in the Badger State, Wisconsin law grants a car accident victim a specific amount of time to file a lawsuit. According to Wisconsin Statutes Section 893.54, you have three years from the accident to initiate a personal injury or property damage claim.

Missing this deadline can lead to the court dismissing your case outright.

Why Is Understanding This Legal Deadline so Crucial? 

Simply put, the statute of limitations serves as your window of opportunity to take legal action. Fail to file your claim within this time frame, and you could lose your chance to seek any legal remedy for your losses, no matter how compelling your case. 

This could mean no financial support for medical bills, vehicle repairs, or any other damages you sustained in the accident.

The aim of this blog is straightforward—to provide you with a clear understanding of how the statute of limitations for car accident claims operates in Wisconsin.

We’ll break down the time frame, discuss exceptions to the rule, and guide you through the steps to take before the ticking clock runs out. 

After a car accident in Wisconsin, you’ll need a lawyer with a strong grasp of this important legal concept. 

What Is a Statute of Limitations?

In personal injury law, a statute of limitations is akin to an hourglass counting down the time you have to file a lawsuit.

Think of it as a legal countdown that starts ticking from the moment a particular event occurs or a claim arises. Once this clock runs out, you can no longer initiate legal action related to that event.

So why do these time frames exist in the first place? The primary reason is to ensure fairness and accuracy in the legal process. As time passes, evidence may degrade, witnesses may forget details or become unavailable, and it becomes increasingly difficult to reliably establish the facts of a case.

The statute of limitations prevents these complications by encouraging people to pursue their claims promptly.

In summary, statutes of limitations serve two main purposes:

1. They promote prompt action, thereby allowing for more accurate and reliable resolution of disputes.
2. They provide potential defendants with the assurance that after a certain period, they will no longer face legal action for past events.

This understanding of the statute of limitations sets the stage for diving deeper into how it applies specifically to car accident claims in Wisconsin.

What is the Time Frame to File a Car Accident Claim?

The three-year limit applies to claims related to car accidents, including:

• Personal injury. If someone hurt you, you have three years to file a claim seeking damages for your injuries.
• Property damage. This covers damages to your vehicle or any other personal property.

The clock starts ticking on the date of the accident. This is commonly known as the accrual date, which we’ll discuss in more detail in a subsequent section.

Can the Statute of Limitations Be Extended or Shortened?

Specific situations may extend or shorten the three-year time limit:

• Governmental entity. If your accident involved a government-owned vehicle or a government employee, different rules apply, and you may have even less time to file a claim.
• Wrongful death. If the accident resulted in death, and the family of the victim pursues a wrongful death claim, a different statute of limitations might apply.

Given these intricate and case-specific rules, consult a legal representative familiar with Wisconsin’s laws so you make timely and appropriate legal moves.

Wisconsin’s statute of limitations balances the interests of both the plaintiff and the defendant. It allows ample time for accident victims to recover, assess their damages, and seek legal advice, while also protecting defendants from the stress and uncertainty of indefinite legal action.

What Are Exceptions to Wisconsin’s Statute of Limitations?

While the three-year time limit applies in most cases, some notable exceptions can either extend or shorten this period.

Minors

If the person involved in the car accident is a minor (under the age of 18), the statute of limitations doesn’t start until their 18th birthday. This generally gives them until they turn 21 to file a lawsuit. 

This extension protects the legal rights of young individuals who cannot initiate a legal process on their own.

Mental Incapacity

Similarly, the clock on the statute of limitations won’t start on a mentally incapacitated individual until the incapacity lifts. This gives individuals the chance to take legal action once they can do so.

Leaving the State

In some cases, the defendant leaving Wisconsin can pause the statute of limitations. This means that the clock may stop ticking for as long as the defendant is out of state, resuming only when they return.

Understanding these exceptions is vital for anyone involved in a car accident in Wisconsin. They can provide more time to file a claim under certain conditions, but never rely on these exceptions without seeking legal advice.

These intricate exceptions may require a car accident lawyer’s detailed assessment of the facts and circumstances surrounding your specific case.

Navigating these rules and exceptions isn’t simple, and it underscores the importance of consulting a legal representative who is well-versed in Wisconsin’s traffic laws and statutes.

By understanding the exceptions to the rule, you can arm yourself with the nuanced knowledge you will need when figuring out your legal options after a car accident in Wisconsin.

The Countdown Starts: When Does the Clock Start Ticking?

One of the most important concepts to grasp when it comes to the statute of limitations is the accrual date or the moment when the clock starts ticking on your ability to file a claim.

In the context of car accidents in Wisconsin, the accrual date is usually the day the accident occurred. This means that your three-year window to file a lawsuit starts on this day.

What is the Discovery Rule in Wisconsin?

Typically, the triggering event for the countdown is the accident itself. However, a later date may apply, especially if your injuries did not immediately appear and you only discovered them later. 

This is often referred to as the discovery rule, but it rarely applies to car accident cases in Wisconsin.

The discovery rule doesn’t let you postpone the legal deadline just because you’re still figuring out how badly you’re hurt. The discovery rule allows the statute of limitations to begin only if you did not discover the injury or disease at the time of and around the accident.

The Importance of Acting Quickly After a Car Accident

While three years may seem like a long time, it’s easy for it to slip away when you’re dealing with medical appointments, car repairs, and insurance negotiations. 

Take prompt action. You’ll need time to consult a legal representative, then your lawyer will need time to collect evidence and negotiate a settlement before possibly going to court.

Understanding when the clock starts ticking on your ability to file a lawsuit preserves your legal rights. Misinterpreting this date could lead to unfortunate consequences, including losing your ability to seek legal remedies altogether.

Knowing when your statute of limitations begins ensures you’re on top of your legal obligations and opportunities, giving you the best chance at achieving a favorable outcome.

What Are the Legal Steps to Take Before the Deadline?

Even with a three-year window, take immediate and correct legal steps to ensure the success of your case. Here’s a general guideline of actions to consider:

Consult a Legal Representative

First, consult an experienced car accident attorney in Wisconsin. They can provide tailored advice based on the specific details of your case, including potential damages you may claim.

Gather Necessary Documents

Before filing, you’ll need a solid foundation of evidence. Collect medical reports, police reports, photographs, witness statements, and anything else relevant to your case.

File Initial Claims and Paperwork

With your legal representative’s guidance, initiate the necessary claims with your insurance company and possibly the other party involved in the accident. Keep track of all communications and meet any internal deadlines set by the insurance companies.

Taking these steps not only helps you build a strong case but also ensures that you’re well within the confines of the statute of limitations. It’s easier to gather fresh evidence and obtain reliable witness statements closer to the date of the accident.

Filing within the appropriate time frame also provides the opportunity for out-of-court settlements. These can often resolve more quickly and cause less stress than going through a full-blown court case. 

The statute of limitations is more than just a deadline—it’s a timeframe within which you have the highest likelihood of presenting a strong, evidence-based case. Use it wisely, and you’ll position yourself better to navigate the legal complexities that come your way.

What Are the Consequences of Missing the Statute of Limitations?

The statute of limitations isn’t just a recommendation, it’s a hard-and-fast rule with significant implications. Here’s what you could look at if you miss the window.

Case Dismissal

Perhaps the most direct consequence is that the court will dismiss your case if you attempt to file it after the statute of limitations expires. No matter how strong your case is or how severe your injuries are, the court usually has no discretion to hear a case that you file late.

Loss of Leverage in Negotiations

Even if you’re in negotiations with an insurance company or the other party involved, missing the statute of limitations deadline can severely weaken your position. Knowing that you no longer have the option to take the case to court, the other party has little incentive to offer a fair settlement.

Emotional and Financial Strain

Missing the deadline can cause emotional stress, especially when you spent time gathering evidence and preparing for a lawsuit. Furthermore, you would have to bear the financial brunt of your medical bills and car repairs without the prospect of legal recourse.

Understanding these consequences underscores the importance of acting promptly and within the legal timelines set by Wisconsin law. 

Failing to adhere to the statute of limitations will eliminate your ability to seek legal remedies, closing the door on financial recovery for any damages suffered.

Time Is of the Essence

 By understanding the statute of limitations for car accident claims in Wisconsin, you position yourself for the best possible outcome in an inherently stressful situation.

Contact a Car Accident Attorney in Wisconsin

If you or someone you know was in a car accident in Wisconsin, understanding the statute of limitations is only one piece of the legal puzzle.

Navigating through the complex web of state laws, insurance policies, and legal proceedings requires guidance from a skilled legal representative.

An attorney with a background in Wisconsin car accident claims can explain your options, advise you on the best course of action, and guide you through each step of the legal process. More importantly, they can file your case within the statutory deadline, ensuring that you don’t miss out on your opportunity for legal redress.

Each car accident case is unique, and laws can change. Consulting a qualified Wisconsin car accident lawyer at Pemberton Personal Injury Law Firm is the best way to ensure you’re well-informed and well-prepared for whatever legal challenges come your way. 

Act swiftly to secure your legal rights and improve your chances of achieving a favorable outcome. Call a skilled personal injury lawyer for help with your claim today.

What Counts as a Rear-End Accident?

Rear-end collisions are one of the most common types of automobile accidents, occurring when a vehicle crashes into the car in front of it. 

These accidents can happen at high speeds on highways or at low speeds in stop-and-go traffic. 

Rear-end collisions can lead to severe injuries, extensive property damage, and long-term health issues. 

Wisconsin Car Accident Statistics 

On average, Wisconsin sees 136,000 vehicle crashes every year. These crashes cause 500 fatalities and injure more than 30,000 people. 

Whether due to increased traffic congestion, road conditions, or changes in driver behavior, these collisions demand attention and understanding.

What Are the Leading Causes of Rear-End Accidents?

Distracted Driving

Distracted driving is one of the leading causes of rear-end collisions. According to the Wisconsin Department of Transportation, the latest data identifies roughly 10,000 distracted driving-related crashes every year. 

Texting, using a navigation system, eating, or even conversing with passengers can divert a driver’s attention from the road. 

When attention is drawn away from driving, reaction times slow, making it difficult to respond to sudden changes in traffic or road conditions. 

Tailgating

Following too closely or tailgating is another common cause of rear-end car crashes. Tailgating does not allow enough distance for the following driver to stop safely if the lead vehicle suddenly brakes. 

This behavior often stems from impatience or aggressive driving and can easily lead to accidents. 

Maintaining a safe following distance based on speed and road conditions can prevent these collisions.

Weather Conditions

In Wisconsin, weather conditions can change rapidly, which plays a significant role in rear-end collisions. 

Slippery roads due to rain, ice, or snow can affect braking distance and vehicle control. Fog and heavy rain can reduce visibility. Drivers need to exercise extra caution in adverse weather, adjusting speed and following at a safe distance to match the conditions.

Speeding

Speeding is a significant contributing factor to rear-end collisions in Wisconsin, with alarming statistics emphasizing its seriousness. 

The latest data shows that in just one year, Wisconsin recorded 17,597 speed-related crashes, resulting in 186 fatalities and 6,871 injuries. Speeding accounted for 14 percent of all crashes and 34 percent of all fatal crashes during the year.

Interestingly, male drivers, particularly those between 16 and 24, accounted for nearly 66 percent of all speed-related crashes. Inexperience and a tendency towards risky behavior are potential factors among these young drivers.

The timing and location of these accidents reveal crucial insights. Speed-related crashes in Wisconsin tend to peak during the winter months, with February and December notably high-risk due to drivers driving too fast for weather conditions. 

On a daily basis, these accidents are most common between 7 a.m. and 8 a.m and 3 p.m. and 5 p.m., possibly because of drivers rushing to and from work.

Brake Failure or Malfunction

Brake failure or malfunction is less common but still a notable cause of rear-end collisions. Regular vehicle maintenance is important to ensure that brakes function properly. 

A sudden brake failure can leave a driver unable to stop, leading to a collision with the vehicle ahead. 

Vehicle owners must pay attention to any signs of wear or issues with their brakes and seek professional service when needed.

These statistics are a stark reminder to obey speed limits and exercise caution, particularly in inclement weather, high-risk locations, work zones, and school zones. 

Adhering to these safety practices including regular maintenance on your vehicle is not just about avoiding a ticket; it preserves life and well-being on Wisconsin’s roads.

Can the Lead Driver Be At Fault for a Rear End Accident?

The lead driver can cause a rear-end accident, although it’s less common. 

Typically, the driver who rear-ends another vehicle causes the crash, as they probably followed too closely or did not pay attention. 

However, the lead driver’s actions might contribute to or even cause the collision.

Here are 6 ways the lead driver may be found at fault in a rear-end accident:

1. Reckless or sudden braking. If the lead driver brakes suddenly and without reason, especially if they do so in an attempt to “brake check” or intentionally cause a collision, they may be considered at fault.
2. Failure to maintain brake lights. If the lead driver’s brake lights are out and they fail to signal or brake suddenly, the trailing driver may not have adequate warning, and the lead driver may bear partial or full liability.
3. Illegal or sudden maneuvers. If the lead driver makes an illegal or unexpected maneuver, such as a sudden lane change without signaling, you can hold them responsible for the resulting collision.
4. Backing up. If the lead driver reverses their vehicle into the car behind them, they would likely be considered at fault for the collision.
5. Broken down vehicle. If a vehicle breaks down and the driver fails to provide adequate warning to other drivers (e.g., not using hazard lights, not moving to the shoulder if possible), you can hold them at fault if you rear-end them.
6. Not adhering to traffic laws. You can hold lead drivers who fail to adhere to traffic laws, such as yielding the right-of-way when required, at fault for a collision.

What Are the Consequences of Rear-End Accidents?

The far-reaching and often underestimated ripple effects of these incidents range from physical injuries to emotional trauma and financial struggles. 

Highlighting these consequences brings attention to the importance of road safety and the need for legal protection to assist victims in navigating the complex aftermath of a collision.

Physical Injuries

Rear-end collisions can result in severe physical injuries, even at low speeds. One of the most common injuries is whiplash, a soft tissue injury to the neck caused by a sudden, forceful jerk of the head. 

This can lead to persistent pain, stiffness, and mobility issues. Other potential injuries include back injuries, concussions, spinal damage, and fractures, all of which can have lasting effects on the victim’s health and well-being.

Vehicle Damage

The impact of a rear-end collision can cause significant damage to the vehicles involved. 

The rear car may suffer damage to the front bumper, grille, headlights, and hood, while the crash may damage the front car’s trunk, rear bumper, and tail lights. 

This type of damage can lead to costly repairs and even render the vehicle inoperable, adding further inconvenience and financial strain to the already stressful situation.

Emotional Trauma

Beyond the visible physical injuries and vehicle damage, rear-end crashes often leave emotional scars. 

Victims may experience anxiety, depression, or post-traumatic stress disorder (PTSD) following the accident. 

The fear of driving, constant flashbacks to the incident, and a general sense of vulnerability can have a lasting impact on the victim’s daily life. 

Emotional healing often requires a long, arduous process of therapy or counseling.

Long-Term Financial Impact

Rear-end collisions are not just momentarily disruptive, they can have a profound long-term financial impact. 

Medical bills for treating physical injuries can mount quickly, particularly if you need ongoing treatment or rehabilitation. 

Additionally, the costs of vehicle repairs or replacement, rental cars, and potential increases in insurance premiums can add to the financial burden. 

Loss of income due to time off work for recovery further compounds these costs. The overall financial impact can be staggering, leading to financial instability for many individuals and families.

Legal Rights and Protections

In Wisconsin, figuring out who is at fault in a rear-end collision is the decisive factor for liability purposes. 

Wisconsin operates under a comparative negligence system, meaning that a party may still recover damages even if partially at fault, provided they are less than 51 percent responsible. 

Understanding the legal principles of negligence, duty of care, and breach of duty can be complex but it will determine how much you receive from your rear-end accident. 

Working with Law Enforcement and Insurance Companies

Following a rear-end impact, contact law enforcement and cooperate with their investigation. 

Filing an accurate police report is instrumental in the claim process. Insurance companies may attempt to minimize the claim’s value. 

Knowing your rights and preparing to negotiate with the insurance adjusters, or instead, hiring an attorney to do the work for you, can make a significant difference in the outcome of your personal injury claim.

When to Contact a Personal Injury Attorney

After a rear-end collision, particularly one resulting in serious injuries or significant property damage, contact a personal injury attorney for a free consultation. 

An attorney with experience in this area can explain your legal options, gather essential evidence, negotiate with insurance companies, and advocate on your behalf. 

Seeking legal counsel sooner rather than later.

Legal Process and Possible Compensation

The legal process following a rear-end car wreck may involve negotiations with insurance companies, pre-trial settlements, or proceeding to court. 

You need a lawyer who understands the process, knows what to expect at each stage, and adheres to legal deadlines such as the statute of limitations. 

Compensation can include past and future medical expenses, property damage, lost income, future earning capacity, and pain and suffering. 

The amount and type of compensation depend on the severity of the injuries, the clear establishment of fault, and the quality of legal representation.

How Pemberton Personal Injury Law Firm Can Help You Today

• Commitment to securing fair compensation. Pemberton Personal Injury Law Firm is dedicated to assisting clients in obtaining the compensation they need, having won over one million dollars in awards and settlements. 
• Rear-end accident experience. Pemberton Personal Injury Law Firm has successfully managed numerous rear-end collision cases in Wisconsin. Our team will investigate the accident and build a strong case. 
• Personalized approach to each case. We recognize that each client and rear-end accident is unique. We tailor our legal strategies to meet your specific needs for compensation and align our representation with your goals.
• Free consultation and case evaluation. Our law firm offers a free consultation and case evaluation for potential clients to discuss their situation. This no-obligation consultation allows clients to make informed decisions without financial pressure.

Contact a Wisconsin Rear-End Accident Lawyer

If you or a loved one were in a rear-end car accident, don’t hesitate to reach out to Pemberton Personal Injury Law Firm. 

Our skilled team is ready to investigate your case and advocate for your rights. Contact us today for a free consultation at (608) 448-6242.

When someone hits your car from behind, it’s easy to assume that they will be held liable for the accident. After all, it was their responsibility to pay attention to any hazards on the road in front of them so they could brake and avoid an accident, right? While this may be true in many cases, there are scenarios where the front driver can actually be held fully or partially liable for the rear-end accident.

An experienced car accident lawyer can thoroughly investigate your case and collect evidence to ensure you are not being unfairly blamed for the crash. Even if you do share responsibility for your accident, you still have legal rights and may be able to collect compensation for your losses.

How is Liability Determined in a Rear-End Accident?

The key to proving liability in any car accident is determining whether any party involved acted negligently. Negligence is a vital factor in all areas of personal injury law, also known as tort law.

In legal terms, a negligent driver is one who did not act with the level of care you would anticipate from another reasonably prudent driver in the same situation.

What Are the Four Elements of Negligence?

To file a successful personal injury lawsuit, the plaintiff and their legal team must establish these four elements of negligence in their case:

• The defendant owed the plaintiff a duty of care.
• The defendant breached their duty, either through action or inaction.
• The plaintiff suffered injury, either to their body or their personal property.
• The injury was directly caused by the defendant’s breach of their duty of care.

If these four facts are demonstrably true, then the plaintiff has a valid personal injury case against the defendant.

What Duty of Care is Incumbent on Drivers?

In terms of car accidents, the “duty of care” in the elements of negligence refers to the responsibility of every driver to operate their vehicle in a safe manner. Responsible driving includes:

• Following all applicable rules and regulations.
• Maintaining control of the vehicle’s speed and steering.
• Staying aware of road conditions.
• Keeping your car in safe working order.
• Remaining at the scene and seeking care for injured victims post-accident.

If both drivers were negligent, they could both be considered liable for the crash. Then the case hinges on how much responsibility for the accident is apportioned to each driver, based on their actions.

When Can the Front Driver Be Found Liable for a Rear-End Crash?

When a driver fails to operate their vehicle safely, they can be held responsible for their actions, regardless of which car they were driving. If the lead driver engaged in any of these activities that contributed to the accident, they may be found liable:

• Careless braking or “brake-checking” a vehicle that is driving too closely.
• Driving while under the influence of drugs or alcohol.
• Merging recklessly.
• Driving with malfunctioning brake lights.
• Suddenly pulling out into traffic.
• Reversing into the rear vehicle.
• Engaging in road rage.
• Intentionally attempting to get hit.

If the rear driver claims that the rear-end crash is your fault due to one of these actions, eyewitness reports and video evidence can become critical in establishing the sequence of events. Because evidence can quickly disappear or degrade, retaining a skilled car accident lawyer as soon as possible is crucial if you believe you are being blamed for an accident you did not cause.

Can You Recover Damages if You Are Found Liable for the Accident?

If you are found fully liable for the rear-end accident, your collision insurance will likely still pay for the damage to your vehicle, but you will be responsible for paying your deductible. The situation becomes more complicated when both parties share liability. Because Wisconsin is an at-fault state, the injured individuals file claims with the at-fault party’s insurance. However, Wisconsin operates under a modified comparative fault system with a 51% bar, meaning that a person is only eligible to bring a lawsuit for damages if they are assigned 50% or less of the fault for the crash.

The other thing to be aware of is that your compensation will be reduced in proportion to the fault assigned to you. For example, if you have $100,000 in damages from your accident but were found to be 40% at fault because your brake lights were not working, your compensation would be reduced by $40,000. This makes it vital to ensure that fault is determined correctly for your case so that you can receive the maximum compensation for your damages.

How Can a Car Accident Attorney Help You?

If you’ve been struck from behind by another vehicle, you may be reeling from serious injuries, such as whiplash, skull fractures, traumatic brain injuries, and more. Add the medical expenses from treating these injuries to your lost income and the cost of repairing your personal property, and a rear-end collision can add up to a financial disaster. And this doesn’t even address the pain and suffering you’ve experienced.

You need to ensure that you can collect the full compensation you are entitled to for your injuries. Don’t settle for less than you deserve just because an insurance company claims you are at fault for your rear-end accident. Reach out to a skilled Wisconsin car accident attorney today who will fight for your legal rights.