Legally Reviewed by William Pemberton on September 25, 2026
Can I File a Claim in Wisconsin if I Share Some Responsibility for My Accident?
Every accident is the result of a chain of events. Untangling these actions and determining who is at fault can be complicated. You may even realize from the outset that you made a mistake that contributed to the accident. In these situations, you might worry that your actions will prevent you from recovering compensation for your injuries, even if you only share a small amount of responsibility for the accident.
Key Takeaways:
- Wisconsin follows a modified comparative negligence system with a 51% bar.
- You can recover damages if you are 50% or less at fault; at 51% or more, recovery is barred.
- Your compensation is reduced by your percentage of fault (e.g., 20% fault = 20% reduction).
- Avoid admitting fault at the scene or to insurance adjusters—statements may be used against you.
- A Wisconsin personal injury lawyer can investigate, protect your rights, and help maximize your settlement.
If you were involved in a car accident or another type of accident that caused you a personal injury and you believe you may have been partially at fault, a knowledgeable Wisconsin personal injury lawyer can explain whether you may still have a valid claim based on state law. As with many aspects of the law, the answer depends greatly on the circumstances of your case. For legal advice tailored to your unique situation, call our office today for a free consultation.
How Does a State’s Fault System Affect an Accident Victim’s Ability to Recover Damages?
Every state has laws governing how the court awards damages in tort cases where more than one person is at fault.
These fault systems fall into four categories:
- Contributory negligence: Under this system, a victim can only bring a claim if they shared no fault whatsoever in their accident. This system is often criticized for being too harsh on victims.
- Pure comparative negligence: A victim in a pure comparative negligence state is eligible to file a claim against the other party as long as they are not 100% responsible for their own accident. The only catch is that the plaintiff’s compensation will be reduced by the percentage of fault assigned to them, so it may not be cost-effective to file a claim if they shoulder a large portion of the responsibility.
- Modified comparative negligence: Most states follow some variation of this system. Under modified comparative negligence, each party can be held responsible for damages in proportion to the fault assigned to them unless the plaintiff’s negligence surpasses a designated percentage. In some states, the cutoff is 50%, while in others, it is 51%.
- Slight/gross negligence: This rare system is only used in South Dakota. Under it, an individual cannot recover damages if they acted with more than “slight” negligence.
Which Fault System Does Wisconsin Use?
Wisconsin is one of the 23 states that follow a modified comparative negligence system with a 51% bar. This means that a plaintiff can seek damages if they are 50% or less at fault for the accident. However, they will be barred from recovering compensation if they are 51% or more at fault. Thanks to this system, Wisconsin accident victims are often still eligible to file a personal injury claim even if they share some responsibility for the incident.
What Impact Could the Percentage of Fault Assigned to You Have on Your Settlement?
Accurately determining fault is critical in a Wisconsin accident case because it directly affects not only your ability to file a claim but the total amount of your settlement. For example, imagine you were involved in a car accident and had $50,000 worth of damages. If the court decides you were 20% at fault for the crash because you were driving slightly above the speed limit, your settlement would be reduced proportionately to the percentage of fault assigned to you. After a 20% reduction, your total compensation would be $40,000.
Insurance companies are very aware of this fact and will attempt to shift blame onto victims to reduce the amount they have to pay. A skilled car accident lawyer can help you fight back against the insurance company’s accusations so you can get the settlement you deserve.
What Should You Do After an Accident Where You May Have Been Partially Responsible?
Accidents happen quickly, and the aftermath can be chaotic. While you may believe that your actions could have contributed to your injury, you should avoid voicing this opinion to others involved in the accident. You may find out later that you were incorrect in your assessment of the situation. Unfortunately, your admission of fault could still be used as evidence against your claim, which could negatively impact your chances of recovering compensation.
If you are questioned by the police or interviewed by an insurance adjuster:
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- Do not discuss who was at fault for the accident.
- Be truthful with your answers, but do not provide more information than the question requires.
- Stick to facts, and don’t speculate about what may have happened.
- Remember that “I don’t know” is an acceptable answer if you are uncertain about a question.
Insurance adjusters are not on the victim’s side and are often skilled at getting them to say things that may harm their claim. Contact a knowledgeable Wisconsin personal injury lawyer who can ensure that your rights are being upheld and your claim is protected.
How Can a Personal Injury Lawyer Help You?
Determining fault in an accident can be challenging and involved. An experienced Madison personal injury lawyer has the skills and resources necessary to thoroughly investigate your case and help you get the recovery you deserve, even if you were partially at fault. A single percentage of fault can make all the difference in whether you are eligible to file a claim or not. Don’t let your opportunity to recover compensation slip away. Contact our office today to learn how we can assist you.
Frequently Asked Questions: Partial Liability and Personal Injury Claims in Wisconsin
What happens to my personal injury claim if I am found exactly 50% at fault in Wisconsin?
Under Wisconsin’s modified comparative negligence system, a plaintiff found exactly 50% at fault is still eligible to recover compensation. The 51% bar means you are only barred from recovery if your share of fault is 51% or greater. At exactly 50%, you can still file a claim and receive damages, though your total compensation will be reduced by your 50% share of fault. So if your total damages are $100,000 and you are 50% at fault, you would recover $50,000. This is why the precise determination of fault percentages matters so much in Wisconsin personal injury cases.
How do insurance companies try to shift blame onto accident victims in Wisconsin?
Insurance companies routinely look for ways to assign a higher percentage of fault to accident victims because it directly reduces how much they have to pay. Common tactics include reviewing surveillance footage and social media for evidence that contradicts injury claims, asking leading questions during recorded statements to get victims to admit partial responsibility, and hiring accident reconstruction experts to build a narrative favorable to their client. They may also point to prior injuries or medical conditions to argue that the accident was less significant. This is why speaking with a personal injury attorney before giving any recorded statement to an insurance adjuster is strongly advisable.
Can my fault percentage be changed after I file a personal injury claim in Wisconsin?
Yes, fault percentages are not locked in when a claim is first filed. They can be disputed, negotiated, and ultimately decided by a jury if the case goes to trial. During the claims process, both sides may gather additional evidence that supports their position on fault. An attorney can investigate the accident, gather witness statements, obtain expert opinions, and challenge the insurance company’s fault assignment. If the case proceeds to litigation, the jury assigns final fault percentages based on all of the evidence presented. This is one of the key reasons why early legal representation can make a significant difference in the final outcome.
What types of evidence are used to determine fault percentages in Wisconsin personal injury cases?
Fault determination in Wisconsin personal injury cases relies on multiple types of evidence. Police reports and officer statements provide an official account of the incident. Traffic and surveillance camera footage can show what happened leading up to the accident. Witness statements from people who observed the crash are often critical. Expert witnesses, including accident reconstruction specialists and medical professionals, can provide technical analysis of how the accident occurred and what injuries resulted. Physical evidence from the scene, such as skid marks, vehicle damage patterns, and road conditions, is also used. Taken together, this evidence forms the basis for assigning comparative fault percentages.
Should I admit any fault at the scene of an accident in Wisconsin?
No. You should never admit fault at the scene of an accident, even if you believe you may have contributed to it. In the immediate aftermath of a crash, adrenaline, confusion, and limited information can lead people to misjudge what actually happened. A statement made at the scene can be used as evidence against your claim. You are legally required to exchange information with the other driver and cooperate with law enforcement, but you are not required to opine on fault. Stick to the facts of what occurred, avoid speculation, and consult with a Wisconsin personal injury attorney before providing any statements to insurance companies.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
