Car accidents are a leading cause of injuries in Wisconsin. Unfortunately, even safe, attentive drivers can end up in bad accidents. The Wisconsin Department of Transportation reports that 33,370 people were hurt in motor vehicle collisions in the state in 2023 alone. Through a car accident claim, injured victims have the right to seek compensation for the full extent of their damages. At Fitzpatrick, Skemp & Butler, LLC, we help car accident victims with the complexities of our state’s car accident laws. Our law firm handles all types of auto accident liability claims. Here, our Wisconsin car accident lawyers highlight the seven types of crash liability.
If you were injured in a car accident in Wisconsin, knowing what type of claim applies to your situation is the first step toward recovering compensation. Each type of claim has different rules, deadlines, and liable parties. A car accident attorney can help you figure out which path makes the most sense for your case.
1. A Negligence Claim Against Another Driver
Wisconsin is a fault-based motor vehicle accident state. As most crashes are caused by negligent drivers, most car accident claims are brought against at-fault motorists. A legal claim against another driver may arise when the other motorist’s failure to exercise reasonable care causes an accident that injures another party. In Wisconsin, proving negligence involves demonstrating that the driver breached their duty to drive safely and, as a result, caused a crash. Some of the most common examples of driver negligence include speeding, distracted driving, tailgating, and reckless driving.
When another driver causes a car crash, the injured party has the right to seek fair compensation for medical bills, lost wages, and other losses. Gathering a police report, photos from the scene, and witness statements early on can make a big difference in how strong your claim is. The at-fault driver’s insurance company will investigate the accident, so having solid evidence matters.
2. A Negligence Claim Against a Truck Company
A fully loaded tractor-trailer can weigh as much as 80,000 pounds. Truckers, truck companies, and all other parties involved in the operations must put an emphasis on safety. Profits for trucking companies can never be allowed to take priority over people. When a truck accident occurs, liability can extend to the trucker or the trucking company. These types of claims are focused on the driver’s negligence and/or the company’s negligence. It could be anything from a trucker speeding while behind the wheel to the company’s failure to conduct proper vehicle maintenance.
Truck accident claims are more complex than typical car accident cases because there are often multiple liable parties involved. The trucking company, the driver, the cargo loader, or even a parts manufacturer could all share responsibility. An experienced car accident lawyer can review the facts and identify every party that should be held liable.
3. A Product Liability Claim Against a Vehicle Manufacturer or Autoparts Maker
You may have a claim after a crash against your vehicle’s manufacturer or any auto parts manufacturer. If a car accident is caused by a defective vehicle or part, the manufacturer might be liable under product liability laws. Some examples include defects in design, defects in manufacturing, and inadequate safety warnings. In Wisconsin, product liability claims are strict liability cases. A manufacturer can be held strictly liable for a crash caused by a vehicle defect.
Product liability car accident cases can involve anything from faulty brakes to defective airbags. If a defect in your car contributed to the accident or made your car accident injuries worse, you may have a claim even if another driver also played a role. These cases often require expert witnesses and careful review of medical records and vehicle data.
4. A Fault-Based Claim Against a Government Entity
Although less common, some motor vehicle accident claims are brought against government entities. These claims can be filed if the accident was caused by poor road conditions or inadequate signage, which are the responsibilities of a government entity. As a general matter, proving liability for a government entity car accident case requires showing that the agency or department in question knew or should have known about the hazard and failed to correct it.
Claims against government entities have shorter deadlines and stricter rules than standard car accident claims. If you think a dangerous road or missing signage contributed to your car crash, do not wait. Contact a car accident attorney right away to make sure you do not miss any filing deadlines.
5. A No-Fault Claim Through Your Own Insurance Provider
To be clear, Wisconsin is not a no-fault state. The at-fault party is legally responsible for a crash. However, drivers can still file a claim through their own insurance for medical payments coverage (MedPay). Indeed, it is not uncommon for motorists in Wisconsin to have some form of no-fault motor vehicle coverage to help cover their costs if they are fully or partially to blame for a crash. No-fault MedPay coverage can help cover medical expenses regardless of fault. It is useful for immediate medical costs after an accident.
MedPay coverage can help pay medical bills and out-of-pocket costs while your main claim is still being worked out. This can take some of the financial pressure off injured parties in the short term. It does not prevent you from also filing a claim against the at-fault driver for additional damages.
6. A UM/UIM Claim Through Your Own Insurance Provider
There is an alarming number of uninsured and underinsured motorists on the road in Wisconsin. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage protects you if you are hit by a driver who lacks sufficient insurance to cover your damages. These are types of claims that allow you to recover costs associated with your accident. If you have any questions about UM/UIM claims, our Wisconsin auto accident lawyers are here to help.
If you are hit by an uninsured driver, your own UM coverage acts as a backup so you are not left paying for someone else’s negligence out of your own pocket. UIM coverage works the same way when the other driver has some insurance but not enough to cover your full losses. These claims can still be complicated, and insurance adjusters will often look for ways to minimize your payout.
7. A Dram Shop Claim Against Bar, Restaurant, or Social Host (Underage Drunk Driver)
Hurt in a crash caused by a drunk driver? That motorist is liable for the accident. However, if that driver was underage (younger than 21 years old), you may have an additional claim against the party that provided them alcohol. Unlike many other states, Wisconsin does not have a comprehensive dram shop law. Bars, restaurants, and social hosts are generally not liable for DUI accidents, even if they overserved the drunk driver who caused the accident. However, there is an exception for crashes involving underage motorists. This type of claim targets the establishment or host that served the alcohol. It allows injured victims and their families to hold the establishment or social host accountable for contributing to the crash.
Impaired driving is a serious problem on Wisconsin roads. If you were injured in a car accident caused by a drunk or impaired driver, there may be more than one party responsible. Talk to a car accident lawyer about all of the potential sources of recovery in your case. Head-on collision accidents involving impaired drivers are among the most deadly types of car crashes, and victims deserve every avenue of compensation available to them.
Recovering Compensation for a Car Accident in Wisconsin
Through a car accident injury claim, you have the right to seek compensation for the full extent of your damages, including non-economic losses. However, sadly, it can be very difficult for injured victims to get access to the full and fair financial compensation that they deserve. Insurance companies are more interested in protecting their own bottom line. Our Wisconsin auto accident lawyers fight for the absolute maximum financial compensation for clients, including:
- Property damage, including vehicle repairs;
- Ambulance fees and emergency room care;
- Hospital bills and other medical expenses;
- Physical therapy and mental health counseling;
- Lost wages and diminishment of future income;
- Pain and suffering & emotional anguish;
- Disability or physical disfigurement;
- Loss of quality of life; and
- Wrongful death of a family member.
Documenting your losses is one of the most important things you can do after a car accident. Save all medical records, medical bills, pay stubs, and receipts related to your injury. This paperwork helps your car accident attorney build a strong case and push back against any low settlement offer or unreasonable offer from the insurance company.
Our legal team works on a contingency fee basis, meaning there are no upfront fees and you pay nothing unless we win. We handle the insurance adjusters, the paperwork, and the back-and-forth so you can focus on getting better.
Frequently Asked Questions About Car Accident Claims in Wisconsin
What should I do after a car accident in Wisconsin?
The steps you take right after a car accident can affect your entire claim. Here is what to do:
- Call 911 and get a police report
- Seek medical attention even if you feel fine
- Take photos of the scene, car damage, and any visible injuries
- Get contact and insurance information from the other driver
- Get names and contact info for any witnesses
- Do not admit fault or apologize at the scene
- Contact a car accident attorney before talking to any insurance company
Seeking medical attention quickly is important for both your health and your claim. Delays in getting treatment can give insurance companies a reason to argue that your injuries were not that serious or were not caused by the accident.
How long do I have to file a car accident claim in Wisconsin?
In most cases, Wisconsin gives you three years from the date of the accident to file a personal injury lawsuit. Missing this deadline almost always means losing your right to recover damages entirely. Some car accident cases involving government entities have even shorter deadlines, so it is important to get legal counsel as soon as possible after a serious car wreck.
How is fault determined in a Wisconsin car accident?
Wisconsin is an at-fault state, which means the driver who caused the accident is responsible for the damages. Fault is determined by looking at evidence such as the police report, witness statements, photos, traffic camera footage, and medical records. In some car accident cases, both drivers share some blame. Wisconsin’s comparative negligence rule allows you to recover compensation as long as you are less than 51 percent at fault, but your payout will be reduced by your share of the fault.
What if the other driver does not have insurance?
If you are injured in a car accident caused by an uninsured driver, you may be able to file a UM claim through your own insurance policy. An automobile accident involving an uninsured or underinsured driver is unfortunately common in Wisconsin. Having UM/UIM coverage is the best way to protect yourself. A car accident lawyer can help you recover fair compensation even when the other driver has no insurance or not enough to cover your losses.
What types of damages can I recover after a car accident?
You can seek compensation for both economic and non-economic damages after a car crash. Economic damages include things like medical bills, lost income, and future medical costs. Non-economic damages cover pain and suffering, emotional distress, and loss of quality of life. In rare cases involving extreme misconduct, punitive damages may also be available. A Wisconsin car accident attorney can help you understand what your case may be worth based on your specific injuries and circumstances. Serious accidents like a head-on collision or a rollover often result in higher compensation because the injuries tend to be more severe.
Speak to Our Wisconsin Car Accident Lawyer Today
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin car accident attorneys fight aggressively for justice. If you or a family member was seriously injured in a traffic accident or other vehicle collision, we are here as a legal resource. Our car accident lawyers offer a free consultation with no obligation, so you can get answers without any risk. Reach out to our Wisconsin car accident lawyers by phone at 608-200-3713 or contact us online for your free consultation and case review. From our law offices in Onalaska, Eau Claire, and La Crosse, we fight for the rights of injured victims throughout the wider region in Wisconsin.
Legal representation from an experienced car accident lawyer can make a real difference in the outcome of your case. Most car accident claims settle before going to trial, but having a skilled legal team behind you puts pressure on insurance companies to make a reasonable offer. Do not settle for less than you deserve. Contact us today.