Car accidents are a leading cause of injury and death across United States According to the Wisconsin Department of Transportation, 129,051 accidents took place in Wisconsin. As per statistical data, car accidents remain a phenomenal issue in Wisconsin and so are Personal Injury claims in these accidents.
CAR ACCIDENTS AND PERSONAL INJURY CLAIMS
The fault driver is usually responsible for the harm which he or she causes. Though, if the driver was in a borrowed or leased car it can be more difficult. If the driver was in a borrowed car, you might need to lodge a lawsuit against the policy of the vehicle owner. If the driver is in a rental, then you may need to make a claim against the policy of the rental car company.
The at-fault driver, too, may be a business employee. If an employee who was in a work vehicle while on the clock struck you, then you might turn to the company for financial recovery. However, if the accident involves a large commercial vehicle, other parties, such as loaders and repair service providers, can come into play.
Unlike some states, Wisconsin doesn’t have an insurance system for no-fault car accidents. Rather, it is known as a “tort state,” meaning you can sue for your injury in the event of a motor vehicle accident, but the defendant(s) must appear to be responsible. These claims may include economic losses such as medical costs, loss of income, and non-economic losses such as consortium pain and suffering and loss. In some cases, specially driving when inxtoxicated, they may involve punitive damages.
The common types of car accidents in WI include:
- Collisions at the back end.
- Collisions from side impact.
- Collisions at Sideswipe.
- Rollover car.
- Head on collision
- Hit and Run
ESTABLISHING LIABILITY AFTER A CAR ACCIDENT
Apart from establishing the basic elements of negligence for a personal injury claim against the fault party such as owing a duty of care, breach, damages and causation, there are other factors which need to be considered in a Personal Injury claim after a car accident.
It is left to you and your lawyer to develop a case to make a personal injury claim against the party at blame. There are several forms of documentation and evidence that you can use to support your assertion for personal injury, including, police and medical reports, eye witness comment, expert witnesses, accident photographs and videos.
Under WI law contributory negligence does not preclude insurance recovery if your extent of negligence was not higher than the negligence of the party you are seeking recovery from. The court considers comparative negligence to determine the parties ‘ involvement in the case. That will be determined by an insurer or court.
WI AUTO INSURANCE REQUIREMENTS
All drivers in Wisconsin are expected to have minimum coverage of liability insurance in case they cause a car accident. They are required a minimum of $25,000 to cover body injury or death per person involved in a crash, $50,000 to cover all individuals involved in a single crash with body injury or death, and $10,000 to cover property damage. If you are injured in an accident caused by someone without auto insurance, you will file a claim to pay for your injury against your own policy under the uninsured motorists coverage (“UIM”). We recommend that individuals shopping for insurance keep these limits as high as practicable as costs can pile up quickly with even a moderately severe crash.
If you or your loved one have sustained injuries in a car or motorcycle accident, please speak to an experienced attorney. To discuss your injury case, please reach out to us at (920)-921-2300, through our live chat feature, or with our contact us form below.