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Determining Fault in Car Accidents

After a Wisconsin car wreck, liability may not be clear. Many factors must be considered to determine liability, and liability may ultimately only be decided by a court. Keep reading for more information on what goes into establishing fault in car accidents.

If you’ve been involved in a car crash and are unsure of who is responsible, it is in your best interest to consult the experienced Wisconsin car accident lawyers at Studinski Law, LLC. To discuss your legal options through a free, initial case evaluation, contact us today at (715) 343-2850.

What is Fault?

Fault, or liability, refers to the actions or inactions of a person(s) who caused the crash. A driver may have been distracted (texting, on the phone, eating, simply not paying attention), may have been speeding, or may have been following too closely without enough time to stop, for example.

The party at fault for a car accident, along with their insurance company, may be required to compensate the driver and/or passenger that sustained damages from the crash. These damages may include medical bills, lost wages, pain and suffering, and more.

How is Fault Determined?

There are a number of ways fault is determined. Physical evidence such as the crash report by the police, photographs or videos of the accident, vehicle damage, tire marks, and road damage can all help prove who caused the crash. It is also possible that multiple drivers each bear some responsibility for the wreck.

Traffic citations may also help determine fault. For example, if one of the drivers was breaking the law at the same time the accident occurred, they are likely responsible for the wreck. Some of the most common citations that often lead to crashes include speeding, running red lights, and changing lanes without using turn signals.

In addition, witness testimony can be valuable in proving liability, especially when the case is complicated. Therefore, it’s important to collect the contact information of witnesses immediately after the crash. Witnesses may be able to point something out that you or other drivers and passengers were not aware of.

Sometimes, expert testimony is needed to prove or confirm fault and determine the extent of the damage. Expert testimony is provided by parties such as medical doctors, accident reconstructionists, economists, and engineers. Expert witnesses are professionals that may be able to answer unknown questions about the crash.

What to Do If You’re Not at Fault

If it turns out that the other party is responsible for your car accident, you’ll want to consult a lawyer who can help you figure out the value of your case and guide you through the process of filing a car accident claim against the negligent driver. With legal representation by your side, you have someone who will fight hard for you to win the compensation you deserve.

Contact a Wisconsin Car Accident Lawyer for Help

If you’ve been involved in a car crash and are unsure who is at fault, reach out to the experienced car accident lawyers at Studinski Law, LLC. After a thorough investigation of your case, we can establish liability and work with you to ensure your rights are protected. Call us at (715) 343-2850 today, or contact us online to learn more about how we can help.