Who May Be Liable for a Fitchburg Car Accident
Determining liability in a Fitchburg car accident involves examining who failed to exercise reasonable care and caused the collision. Multiple parties, including the following, may share responsibility depending on the circumstances:
The At-Fault Driver
The most common liable party is the driver who caused the accident through negligent behavior. This includes drivers who run red lights, speed through school zones, text while driving, drive under the influence, or fail to yield the right-of-way. Drunk driving accidents often involve particularly clear liability because operating a vehicle while intoxicated violates Wisconsin law and demonstrates a reckless disregard for others’ safety.
Vehicle Owners
In some cases, the vehicle owner may be liable even if they weren’t driving at the time of the crash. Wisconsin law can hold vehicle owners responsible when they lend their car to someone they know is unlicensed, has a history of reckless driving, or is impaired.
Employers
When a driver causes an accident while performing job duties, their employer may be liable under the legal principle of respondeat superior. This applies to truck accidents involving commercial vehicles, delivery drivers, and other employees driving for work purposes. Employers may also face liability for negligent hiring if they failed to screen drivers or ignored a pattern of unsafe driving.
Government Entities
Dangerous road conditions can contribute to accidents, and in these situations, the government entity responsible for maintaining the road may share liability. Premises liability principles can apply when poorly maintained roads, missing signs, or defective traffic signals create hazards that lead to crashes.
Types of Compensation Available in Fitchburg Car Accident Cases
After a car accident, you may be entitled to recover several types of damages that address both your financial losses and how the injuries have affected your quality of life.
Economic Damages
These damages cover your measurable financial losses. Medical expenses include emergency room treatment, hospital stays, surgery, medications, physical therapy, and any future medical care you’ll need because of your injuries. Lost wages compensate you for time missed from work during recovery, and if your injuries prevent you from returning to your previous occupation, you may also recover lost earning capacity. Property damage covers the cost to repair or replace your vehicle and any personal belongings damaged in the crash.
Non-Economic Damages
These damages address the ways your injuries have diminished your life beyond financial costs. Pain and suffering compensation accounts for physical discomfort, emotional distress, and mental anguish caused by the accident. Loss of enjoyment of life damages recognizes that injuries may prevent you from participating in activities you once valued, whether playing with your children, pursuing hobbies, or simply living without constant pain.
How Wisconsin’s Modified Comparative Negligence Law Works
Wisconsin follows a modified comparative negligence rule under Wisconsin Statutes § 895.045, which directly affects how much compensation you can recover in Wisconsin after a car accident.
The 51% Bar Rule
This law allows you to receive damages even if you share some responsibility for the crash, as long as your percentage of fault does not exceed 50 percent. If a jury determines your total damages equal $100,000 but finds you 20 percent at fault for the accident, your recovery would be reduced to $80,000. However, if you are found 51 percent or more at fault, you cannot recover any compensation at all.
How Insurance Companies Use This Law
Insurance companies know this rule well and often try to inflate your share of blame to reduce their payout or eliminate it entirely. They may point to any small action you took before the crash, such as adjusting your radio to changing lanes, and argue it contributed to the collision. Having legal representation helps counter these tactics with evidence showing the other driver’s negligence caused your injuries.
Steps to Take After a Fitchburg Car Accident
The actions you take immediately after a collision can significantly impact your ability to recover compensation.
At the Scene
Check yourself and others for injuries and call 911 if anyone needs medical attention. Wisconsin law requires you to report any accident causing death, injury, or property damage of $1,000 or more to the police, who create a detailed report when they arrive. Document everything at the scene if you’re able to do so safely, including photos of all vehicles, the surrounding area, traffic signs, and visible injuries.
Seeking Medical Care
Visit a doctor even if you don’t feel seriously hurt. Some injuries like whiplash, concussions, and internal bleeding don’t show immediate symptoms but can cause serious problems if left untreated. Medical records from your initial visit also create important documentation linking your injuries to the accident.
Contacting a Lawyer
Speak with our attorneys as soon as possible after your accident. Early legal guidance helps protect your rights, preserve evidence, and prevent you from making statements to insurance companies that could harm your case. We can handle communications with insurers while you focus on recovery.
Time Limits for Filing
Typically, a lawsuit must be filed within three years from the date of the accident, and this time period generally applies to car accident claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline.
Contact Pemberton Personal Injury to Schedule a Free Case Evaluation
Founder William Pemberton graduated from Marquette University Law School in 2003 and has spent years fighting for injury victims. His background at an insurance defense firm gives him unique insight into how insurance companies evaluate and defend claims, enabling him to anticipate their strategies and build stronger cases for clients.
Our team prepares every case as if it’s headed to trial, which signals to insurance companies that we’re serious about obtaining maximum compensation. Contact us today for a free case evaluation to learn how we can help you pursue the compensation you deserve.
