Wisconsin winters are notorious for their harsh conditions, transforming picturesque landscapes into treacherous roadways. Icy patches, heavy snowfall, and reduced visibility contribute to a significant increase in traffic accidents during the winter months. When these accidents occur, a common question arises: who is at fault when Mother Nature is a contributing factor? While it may seem like an “act of God,” the principles of negligence still apply, and determining liability can be a complex process.
This blog post will explore the legal landscape of winter driving accidents in Wisconsin, including how liability is determined, the role of comparative negligence, and practical steps you can take to stay safe on the road.
The Duty of Care in Winter Conditions
Every driver in Wisconsin has a legal duty to operate their vehicle with reasonable care. This duty is not suspended during winter weather; in fact, it is heightened. Drivers are expected to adjust their driving to the conditions. This includes:
- Slowing down: Posted speed limits are for ideal conditions. In snow or ice, a safe speed may be significantly lower.
- Increasing following distance: It takes longer to stop on slippery roads. The Wisconsin Department of Transportation (WisDOT) recommends at least a three-second following distance in ideal conditions, which should be increased in winter.
- Ensuring proper vehicle maintenance: This includes having adequate tire tread, functioning windshield wipers, and a properly maintained braking system.
- Maintaining visibility: Clearing all snow and ice from windows, mirrors, and lights before driving is crucial.
A driver who fails to take these precautions and causes an accident may be found negligent, even if the weather was a factor.
Wisconsin’s Comparative Negligence Law
Wisconsin follows a “modified comparative negligence” rule, also known as the 51% bar rule [1]. This means that you can recover damages in a personal injury claim as long as you are not found to be 51% or more at fault for the accident. Your recoverable damages will be reduced by your percentage of fault.
For example, if you are found to be 20% at fault for a winter car accident and the other driver is 80% at fault, you can recover 80% of your damages. However, if you are found to be 51% or more at fault, you cannot recover any damages.
How Comparative Negligence Applies to Winter Accidents
In a winter accident, both drivers may have contributed to the crash. For instance, one driver may have been driving too fast for the conditions, while the other may have had worn-out tires. The court will weigh the actions of each driver to assign a percentage of fault.
| Action | Potential Fault |
| Driving too fast for conditions | High |
| Following too closely | High |
| Worn-out tires | Moderate |
| Failure to clear snow/ice from vehicle | Moderate |
| Sudden braking on ice | Low |
Proving Negligence in a Winter Accident
To successfully file a personal injury claim after a winter car accident, you must prove that the other driver was negligent. This can be challenging, but an experienced personal injury attorney can help gather evidence, such as:
•Police reports: These often contain the officer’s initial assessment of the accident, including contributing factors.
•Witness statements: Eyewitnesses can provide valuable testimony about the other driver’s behavior.
•Photos and videos: Pictures of the accident scene, vehicle damage, and road conditions can be powerful evidence.
•Expert testimony: Accident reconstruction experts can analyze the evidence and provide an opinion on how the accident occurred.
Tips for Safe Winter Driving in Wisconsin
The best way to avoid a winter accident is to drive safely. The Wisconsin Department of Transportation offers the following tips for winter driving [2]:
- Don’t crowd the plow: Snowplows are large, heavy vehicles with limited visibility. Give them plenty of room to work.
- Avoid cruise control: Cruise control can cause your vehicle to lose traction on slippery roads.
- Brake early and gently: Sudden braking can cause your wheels to lock up and your vehicle to skid.
- Be prepared: Keep an emergency kit in your vehicle that includes a blanket, flashlight, and non-perishable food.
When to Contact a Personal Injury Attorney
If you have been injured in a winter car accident in Wisconsin, it is important to speak with an experienced personal injury attorney as soon as possible. The attorneys at Fitzpatrick, Skemp & Butler, LLC have a proven track record of success in handling complex personal injury cases, including those involving winter weather conditions. We can help you understand your legal rights, investigate your accident, and fight to get you the compensation you deserve.
Contact us today for a free consultation. There are no fees unless we win your case.