Personal injury cases are rarely black and white. In many situations, both parties share some degree of responsibility for an accident. Wisconsin law recognizes this reality through its comparative negligence doctrine, specifically the “51% Rule.” Understanding this rule is crucial if you’ve been injured in an accident where fault may be shared. This article explains how Wisconsin’s comparative negligence law works and how it might affect your personal injury claim.
What Is Comparative Negligence?
Comparative negligence is a legal principle that allocates fault among parties involved in an accident. Instead of an all-or-nothing approach, this doctrine recognizes that multiple parties can contribute to an accident in varying degrees.
In Wisconsin, we follow a “modified comparative negligence” system with a 51% threshold. This means that an injured person can recover damages as long as they are not found to be more than 50% at fault for the accident. If you are found to be 51% or more responsible, you cannot recover any compensation from other parties.
How Wisconsin’s 51% Rule Works
Wisconsin’s comparative negligence law is codified in Wisconsin Statute § 895.045. The statute states that a person found to be causally negligent whose percentage of causal negligence is 51% or more shall be jointly and severally liable for the damages allowed.
Here’s how it works in practice:
1. Determination of fault percentages:
The court or insurance adjusters assign percentages of fault to each party involved in the accident.
2. 50% or less fault:
If you are found to be 50% or less responsible for the accident, you can recover damages, but your compensation will be reduced by your percentage of fault.
3. 51% or more fault:
If you are found to be 51% or more at fault, you cannot recover any compensation from other parties.
Examples of the 51% Rule in Action
Let’s look at some examples to better understand how this rule affects real-world scenarios:
Example 1: You’re involved in a car accident where the other driver ran a red light, but you were driving slightly over the speed limit. The court determines that the other driver was 80% at fault, while you were 20% at fault. If your total damages are 100,000,youwouldreceive100,000, you would receive 100,000,youwouldreceive80,000 (your damages reduced by your 20% fault).
Example 2: You slip and fall in a grocery store on a wet floor with no warning sign. However, you were texting while walking. If the court finds you 40% responsible and the store 60% responsible, and your damages are 50,000,youwouldreceive50,000, you would receive 50,000,youwouldreceive30,000 (your damages reduced by your 40% fault).
Example 3: You’re in a car accident where you failed to yield the right of way, but the other driver was speeding. If the court determines you were 55% at fault and the other driver was 45% at fault, you would not be entitled to any compensation because your fault exceeds the 50% threshold.
Why the 51% Rule Matters for Your Claim
The 51% Rule has significant implications for personal injury claims in Wisconsin:
1. Documentation Is Critical
Because fault percentages can dramatically affect your compensation, thorough documentation of the accident scene, witness statements, and expert testimony becomes extremely important. The more evidence you have supporting your version of events, the better chance you have of minimizing your assigned percentage of fault.
2. Insurance Company Tactics
Insurance companies understand the 51% Rule very well and may try to shift more blame onto you to reduce or eliminate their liability. They might argue that you were more than 50% responsible for the accident to avoid paying any compensation at all.
3. Settlement Negotiations
The comparative negligence rule often plays a central role in settlement negotiations. Both sides will argue about the appropriate percentages of fault, which directly impacts the settlement amount.
How to Protect Your Claim Under Wisconsin’s Comparative Negligence Law
If you’ve been injured in an accident in Wisconsin, here are some steps to protect your claim:
Document Everything
Collect as much evidence as possible at the scene of the accident, including:
•Photos of the accident scene, vehicles, or hazardous conditions
•Contact information for witnesses
•Police reports
•Medical records documenting your injuries
Watch What You Say
Be careful about making statements that could be interpreted as admitting fault. Even saying “I’m sorry” at the accident scene could be used against you later when determining fault percentages.
Seek Prompt Medical Attention
Getting immediate medical care not only ensures your health but also creates a clear record connecting your injuries to the accident.
Consult with an Experienced Personal Injury Attorney
An attorney familiar with Wisconsin’s comparative negligence laws can help build your case to minimize your percentage of fault. They can gather evidence, interview witnesses, consult with experts, and negotiate with insurance companies on your behalf.
Joint and Several Liability in Wisconsin
Wisconsin’s comparative negligence law also includes provisions for joint and several liability. If multiple parties are responsible for your injuries, and any of them are found to be 51% or more at fault, that party can be held responsible for the full amount of damages, regardless of the specific percentage assigned to them.
This becomes particularly important in cases involving multiple defendants, as it can affect how compensation is ultimately paid.
Get in Touch with Our Law Firm Today!
Wisconsin’s 51% Rule can significantly impact the outcome of your personal injury claim. Understanding how comparative negligence works is essential to maximizing your potential compensation. If you’ve been injured in an accident where fault may be shared, consulting with a knowledgeable personal injury attorney can help you navigate this complex area of law and work toward the best possible outcome for your case.
Remember, even if you believe you may have contributed to the accident in some way, you may still be entitled to compensation as long as your degree of fault doesn’t exceed 50%. Don’t assume you have no case without first consulting with a legal professional who can evaluate the specific circumstances of your situation.
At Fitzpatrick, Skemp & Butler, LLC, our experienced personal injury attorneys understand the nuances of Wisconsin’s comparative negligence laws and can help you build the strongest possible case. Contact us today for a free consultation to discuss your personal injury claim.