How Fault Affects Car Accident Compensation in Wisconsin

Car accidents are rarely simple. In many cases, both drivers share some degree of fault — but that doesn’t mean victims lose their right to compensation. Wisconsin’s comparative negligence law allows injured people to recover damages even when they’re partially responsible for the crash.

However, insurance companies often misuse this law to reduce or deny payments, arguing that you were “more at fault” than you really were. Understanding how comparative negligence works — and having an experienced attorney to protect your rights — can make the difference between a fair settlement and no recovery at all.

At Trial Lawyers of Wisconsin, we’ve helped injured drivers and passengers across the state for more than 30 years. Our attorneys know how to challenge unfair fault assignments and ensure clients receive the full compensation they deserve.

Here’s what every Wisconsin driver should know about comparative negligence — and how it impacts your car accident claim.

What Is Comparative Negligence?

Comparative negligence is a legal principle that determines how fault is shared when more than one party contributes to an accident. Instead of one person being entirely to blame, the law recognizes that multiple drivers may each bear some responsibility.

Wisconsin follows a modified comparative negligence rule, which means:

• You can recover damages as long as you are 50% or less at fault for the crash.
• If you are more than 50% at fault, you cannot recover any compensation.

Your total damages are reduced by your percentage of fault. For example:

• If your damages total $100,000 and you’re 20% at fault, you can still recover $80,000.
• But if you’re 55% at fault, you recover nothing.

This rule is designed to be fair — but in practice, insurance companies use it aggressively to minimize payouts.

How Insurance Companies Use Comparative Negligence Against Victims

After a crash, insurance adjusters quickly look for ways to shift blame. Even a small statement like “I didn’t see the other car” or “I was going a little fast” can be twisted into evidence of fault.

Common tactics insurers use include:

• Claiming you were distracted, even without proof.
• Arguing you failed to brake or swerve in time.
• Suggesting you were speeding slightly or following too closely.
• Citing poor road or weather conditions to share fault.
• Using inconsistent witness statements to inflate your fault percentage.

Each percentage point matters — because every increase in assigned fault means less compensation in your pocket.

At Trial Lawyers of Wisconsin, we counter these tactics with hard evidence, witness interviews, and expert analysis to accurately establish what really happened.

Examples of Comparative Negligence in Wisconsin Car Accidents

Understanding real-world examples can help illustrate how this law works:

Example 1: Rear-End Collision

Driver A stops suddenly at a yellow light. Driver B is following too closely and rear-ends Driver A.

• Driver B is found 80% at fault for following too closely.
• Driver A is found 20% at fault for braking abruptly.
  Driver A can still recover damages, but the award will be reduced by 20%.

Example 2: Intersection Crash

Driver A runs a red light while Driver B is speeding. Both actions contribute to the collision.

• Driver A is 70% at fault (ran the red light).
• Driver B is 30% at fault (was speeding).
  Driver B can recover 70% of their damages but Driver A recovers nothing because they were over 50% at fault.

These examples show why it’s critical to have legal representation that can prove the other driver’s greater share of negligence.

Evidence That Helps Reduce Your Fault Percentage

Proving fault requires strong, reliable evidence. Our attorneys at Trial Lawyers of Wisconsin use every available tool to build your case, including:

• Police accident reports documenting violations and citations.
• Traffic or dashcam footage showing the sequence of events.
• Eyewitness statements supporting your account.
• Accident reconstruction experts who analyze vehicle damage and road conditions.
• Cell phone records to prove distracted driving.
• Vehicle data (such as black box information) showing speed or braking patterns.

This detailed investigation ensures your fault percentage is minimized — maximizing your recovery.

How Comparative Negligence Impacts Settlement Negotiations

Comparative negligence directly affects how much money you can recover. Insurance companies often start with a low settlement offer, claiming you were partially responsible.

For example:

• You file a claim for $100,000 in damages.
• The insurer says you were 40% at fault and offers $60,000.
• With strong evidence and legal representation, your attorney proves you were only 10% at fault — raising your settlement to $90,000.

At Trial Lawyers of Wisconsin, we prepare every case as if it’s going to trial, giving us leverage in negotiations and often leading to significantly higher settlements.

What If Multiple Drivers Are Involved?

In multi-vehicle collisions, comparative negligence becomes even more complex. Fault must be divided among all involved parties — sometimes including commercial drivers, government entities, or road maintenance contractors.

For example, in a chain-reaction crash:

• Driver A may be 10% at fault for sudden braking.
• Driver B may be 60% at fault for following too closely.
• Driver C may be 30% at fault for speeding.

Each driver’s insurance company will attempt to minimize its share of liability, leading to long, complicated disputes. Our attorneys manage these cases with precision, ensuring fault is assigned accurately and fairly.

Comparative Negligence and Wisconsin’s “Duty to Mitigate”

Even after an accident, Wisconsin law expects victims to take reasonable steps to reduce further harm — this is called the duty to mitigate.

Examples include:

• Seeking medical treatment promptly.
• Following your doctor’s recovery plan.
• Avoiding activities that worsen your injuries.

If an insurer can show that you failed to mitigate damages, they may try to reduce your award. Our firm ensures all documentation shows that you acted responsibly and that your losses were unavoidable consequences of the crash.

How Trial Lawyers of Wisconsin Protects Your Right to Compensation

Insurance companies have teams of lawyers and adjusters whose sole purpose is to reduce payouts. At Trial Lawyers of Wisconsin, we level the playing field.

Our attorneys:

1. Conduct full-scale investigations into how the accident occurred.
2. Challenge unfair fault determinations with expert testimony and evidence.
3. Negotiate aggressively for maximum compensation.
4. Take cases to trial when insurers refuse fair settlements.

We’ve recovered over $100 million for Wisconsin clients by standing firm against corporations and insurers that try to avoid accountability.

Damages You Can Recover Even With Partial Fault

Even if you share some blame, you may still recover compensation for:

• Medical expenses (emergency care, surgery, rehabilitation)
• Lost wages and future income loss
• Vehicle repair or replacement
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement

The key is proving that the other driver’s negligence outweighed yours — something our attorneys excel at.

Why Choose Trial Lawyers of Wisconsin

Since 1990, Trial Lawyers of Wisconsin has built a reputation for integrity, preparation, and relentless advocacy. We don’t settle cases cheaply — we build them to win.

When you hire us, you get:

• Trial-tested attorneys with decades of experience
• Resources to investigate and prove complex fault disputes
• Personal attention and honest communication
• No upfront fees — we only get paid if we win

We believe in restoring balance to the world by holding negligent drivers and powerful insurers accountable.

Conclusion

Wisconsin’s comparative negligence law can seem confusing — and insurers count on that confusion to pay you less. But with the right evidence and legal strategy, you can still recover the compensation you deserve.

At Trial Lawyers of Wisconsin, we know how to challenge unfair fault assignments and fight for your full recovery.

If you’ve been injured in a car accident anywhere in Wisconsin, contact us today for a free consultation. We’ll explain your rights, protect your interests, and ensure justice is on your side.