Determining Fault in Car Accidents

Determining Fault in Car Accidents

Q: Is it true that I am always at least 10 percent at fault for a car accident just because I was involved? A: No! This is a legal myth. Wisconsin is a comparative liability state. The liability of all people involved in an accident can be compared to each other. However, there are frequently situations where one person has no fault whatsoever in an accident, and the other person carries 100 percent of the blame. Interestingly, if in a lawsuit, the jury or judge finds that the plaintiff (the person bringing the lawsuit) is more than 50% at fault,…

Q: Is it true that I am always at least 10 percent at fault for a car accident just because I was involved?

A: No! This is a legal myth.

Wisconsin is a comparative liability state. The liability of all people involved in an accident can be compared to each other. However, there are frequently situations where one person has no fault whatsoever in an accident, and the other person carries 100 percent of the blame. Interestingly, if in a lawsuit, the jury or judge finds that the plaintiff (the person bringing the lawsuit) is more than 50% at fault, that plaintiff may not recover any money from the defendant.  

– Ann Jacobs of Domnitz & Skemp SC

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