Learn how Wisconsin’s comparative negligence law affects car accident claims. Discover how Trial Lawyers of Wisconsin helps minimize fault and maximize your compensation.
When you’ve been injured in a car accident in Wisconsin, determining who was at fault is one of the most critical — and often most confusing — parts of your claim. Even if the other driver clearly caused the crash, their insurance company may argue that you share some of the blame.
This is where Wisconsin’s comparative negligence law comes into play. It’s a rule that directly affects how much compensation you can recover after an accident. Unfortunately, insurance adjusters often misuse it to reduce or deny fair payouts, leaving victims without the full financial support they deserve.
At Trial Lawyers of Wisconsin, we’ve spent decades helping injured clients understand this law, counter insurance company tactics, and recover the maximum compensation allowed. Here’s what every Wisconsin driver needs to know about comparative negligence and how it can impact your case.
Under Wisconsin Statute § 895.045, the state follows a “modified comparative negligence” system. This means that when multiple parties share responsibility for an accident, each party’s compensation is reduced according to their percentage of fault.
For example:
This law is intended to be fair — recognizing that accidents often involve shared mistakes — but in practice, insurance companies often manipulate the rule to avoid paying victims the compensation they deserve.
Imagine you’re driving through an intersection when another car runs a red light and crashes into you. It seems obvious that the other driver is at fault. But suppose the insurance company claims you were going slightly over the speed limit.
They might argue that you were 10% responsible for the accident because your speed contributed to the severity of the collision. If your total damages are $100,000, your payout would be reduced to $90,000.
Now imagine they claim you were 55% responsible — suddenly, you receive nothing under Wisconsin law.
This is why fault percentages matter enormously — and why having an experienced lawyer to challenge those claims can make or break your case.
After a crash, insurers conduct their own “investigation,” but their goal isn’t justice — it’s minimizing what they owe. They might:
These tactics can reduce your payout dramatically. Adjusters are skilled at getting victims to make statements that imply fault — sometimes without realizing it.
That’s why you should never give a recorded statement to an insurance company before speaking with an attorney. Once something is on record, it can be used against you.
To understand how comparative negligence works, consider a few real-world examples:
These cases show how easily insurers can twist facts to inflate your share of fault — unless your legal team steps in to protect the truth.
In a comparative negligence case, evidence is everything. To determine fault, lawyers and investigators use multiple sources of proof, such as:
The stronger the evidence, the harder it is for an insurer to shift blame onto you.
At Trial Lawyers of Wisconsin, we conduct detailed investigations from day one. We know that preparing every case as if it will go to trial gives our clients leverage during negotiations and leads to better settlements.
Many car accidents involve more than one at-fault party. For example, a trucking company, vehicle manufacturer, or even a government agency responsible for unsafe roads could share blame.
Wisconsin law allows juries to divide fault among multiple defendants. If several parties contributed to your injuries, each may owe you a portion of compensation based on their percentage of fault.
However, this process is legally complex — and powerful defendants often point fingers at each other to avoid paying. Our attorneys are experienced in cutting through these tactics and ensuring that every negligent party is held accountable.
Under Wisconsin’s comparative negligence rule, your final compensation depends on your fault percentage. Here’s how it can apply to various types of damages:
Even a small difference in fault percentage can cost you thousands of dollars — making accurate representation absolutely critical.
Comparative negligence cases require careful legal strategy and expert evidence. Without representation, victims are often unfairly blamed and shortchanged.
At Trial Lawyers of Wisconsin, we have decades of experience countering these tactics. We:
We’ve recovered over $100 million for injured clients across Wisconsin because we don’t settle cheaply — we fight for what’s right.
Myth 1: If you share any fault, you can’t recover compensation.
Fact: You can still recover damages as long as you are 50% or less at fault.
Myth 2: The insurance company decides your fault percentage.
Fact: Fault is determined by evidence and, if necessary, a jury — not by an insurer’s opinion.
Myth 3: You don’t need a lawyer if fault seems clear.
Fact: Even clear cases can become complicated once insurers dispute details. Legal representation helps prevent lowball offers.
At Trial Lawyers of Wisconsin, our philosophy is simple: we fight for people, not corporations. We prepare every case for trial and never back down from powerful insurance companies or corporate defendants.
Our clients choose us because we:
We believe in restoring balance by holding negligent drivers accountable and giving injured clients a voice.
Wisconsin’s comparative negligence law can drastically impact how much compensation you receive after a car accident. While it may seem straightforward, insurance companies often exploit it to their advantage — reducing payouts and unfairly blaming victims.
By partnering with Trial Lawyers of Wisconsin, you gain an experienced legal team dedicated to protecting your rights, minimizing your share of fault, and maximizing your recovery.
If you’ve been hurt in a car accident, don’t face the insurance company alone. Contact Trial Lawyers of Wisconsin today to discuss your case and take the first step toward full and fair compensation.
