Wisconsin Car Accidents

Each year there are more than 35,000 Wisconsin automobile injury crashes. These crashes cause injury to more than 50,000 people every year. In 2006, over 700 Wisconsin residents were killed in Wisconsin automobile accidents. Of these fatal crashes, 43% involved alcohol-related crashes, 37% involved speed-related crashes, and 20% involved both alcohol and speed. One person is killed every 12.3 hours due to Wisconsin motor vehicle crashes.

When choosing a lawyer, it is critical that you hire an experienced Wisconsin Car Accident Lawyer. You should be comfortable with your lawyer's experience handling Wisconsin Auto Accident Personal Injury Cases. in which you have been involved. Contact an Experienced Wisconsin Car Accident Lawyer.

Car Crashes, Not Car Accidents

The Wisconsin Department of Transportation states the following:

"Crashes, Not Accidents: Traffic crashes are not accidents, but are avoidable events caused by a single variable or chain of variables."

If you have been involved in an automobile crash, you can assume that someone was at fault for causing the crash. The key to establishing who is at fault in causing a crash is dependent upon the gathering of crucial information at the scene of the crash. This evidence can be in the form of witness observations and statements, in the form of physical evidence such as the damage to vehicles or skid marks left at the scene, or the evidence may be in other forms. The individuals involved in the crash are usually at the peril of the investigating police officer that first responds to the crash to gather this critical evidence. Many times the investigating officers do wonderful jobs. However, no one is perfect and oftentimes witnesses are not properly identified and critical evidence is overlooked. An experienced Wisconsin personal injury attorney may be able to overcome a poor investigation by the officer on the scene.

Rules of the Road

Once the facts of the collision are obtained, lawyers look to the Rules of the Road to determine who is at fault in causing the crash. These Rules of the Road are detailed in Chapter 346 of the Wisconsin Statutes. The Wisconsin Department of Transportation also publishes a Wisconsin Motorist's Handbook, which explains the Rules of the Road in consumer-friendly manner. Wisconsin lawyers may look to these two sources in determining fault, however, they also have another source available to them and that is the form Wisconsin Civil Jury Instructions. These are the instructions that will eventually be read to the jury at the close of Wisconsin car accident personal injury trial.

If you have been involved in a Wisconsin Automobile Accident, please feel free to download and complete our Wisconsin Car Accident Information Form.

If you have a copy of your Wisconsin Motor Vehicle Accident Report, you can download the Law Enforcement Officer's Instruction Manual for Completing Wisconsin Motor Vehicle Accident Report Form (MV4000) here, or simply contact our office and we will assist you in understanding the Wisconsin Accident Report Form.

Legal Note Regarding the Use of a Seat Belt in Wisconsin: Insurance adjusters often try to blame the injured party for not wearing a seatbelt. However, Wisconsin law is clear that the maximum reduction that can be taken from an injured person's damages is 15%. This 15% can only be taken from the injured person's recovery for damages that were caused by not wearing the seatbelt. The at-fault driver has the burden of proof to show which injuries, if any, were due to the lack of use of a seatbelt. If the defense meets their burden of proof, then and only then, can 15% be reduced from the injured person's damages.

If you or a family member have been injured as a result of a car accident in Wisconsin, be sure to contact an experienced Wisconsin car accident lawyer for you or your family member's case.

Wisconsin Car Accident Checklist

If you have been involved in a Wisconsin car accident, we recommend you do the following:

Stop. Wisconsin law requires that the driver of an automobile involved in a collision to stop at the scene of any collision that has resulted in personal injury, death, or property damage. Failing to remain at the scene of the accident could lead to a traffic citation, or even criminal charges.
Assist the Injured. Do your best to provide comfort and assistance to anyone that has been injured in the collision. Do not move anyone unless absolutely necessary for their immediate safety. You could easily cause more injury to someone simply by moving them.
IF YOU ARE THE ONE INJURED, THEN OBTAIN MEDICAL TREATMENT AS SOON AS POSSIBLE. If you are at the scene, request an ambulance. If it is too late, go to the nearest emergency room. If you are in pain the next day, go to your primary care physician. One of the biggest mistakes following an accident is failing to see a doctor immediately afterwards. Many people think that their pain will go away on its own, but months later, they still have the pain. Without medical treatment, there is no way to prove the injury is related to the automobile accident.
Call 911. As soon as possible, call 911 if anyone has complaints of pain or seems to be dazed or disoriented. Explain your situation and provide them with the exact location of the accident. Inform the 911 operator as to whether an ambulance or a fire engine is necessary. It is always better to err on the side of caution when deciding whether an ambulance is necessary. Remain on the telephone until the 911 operator tells you it is okay to hang up.
Move All Vehicles to Safety. Assess the scene of the accident to determine whether oncoming vehicles will see and be able to avoid the accident. You could be liable for damages to approaching vehicles unless they are properly warned. Make sure to turn on your hazard lights. If your car can't be driven, have the emergency responders obtain a tow truck on your behalf.
Assist the Authorities. Unless you have been injured, remain at the scene of the collision until the police have arrived and authorized you to leave. Further assist the police by explaining exactly what you witnessed. Do not guess or speculate when asked about speeds or distances. When estimating speed or distance it is always best to provide a range for which you are comfortable. Avoid making conclusory statements, such as, "He was at fault." The role of the police officer is to determine fault after gathering all facts and evidence. Ask the officer for his or her information and how you may obtain a copy of the completed motor vehicle accident report.
Identify Everyone at the Scene. It is absolutely critical that you attempt to obtain as much information possible about all of the people at the scene of the collision. This includes the drivers, passengers and witnesses. This is perhaps the most common mistake made by accident victims as well as police officers. Name, address, phone number, license plate number, make/model of vehicle, date of birth, etc. All of this information could help track down witnesses if it later becomes necessary.
Do Not Admit Fault. Do not volunteer any information about who may have been at fault in causing the collision. You may think you were at fault, but later learn that the other driver is as much or more to blame than you are. Anything you say at the scene can later be used against you.
Do Not Agree to Pay for Any Damages at the Scene and Do Not Accept Payment for Your Damages at the Scene. Your offer to pay someone for their damages is an implied admission of fault. Furthermore, any acceptance of payment on your part could be considered a full and final settlement and preclude you from recovering additional money in the future.
Document the Accident. Even if the police complete a report, you should create your own documentation of the collision. The essential information will be the date, time, location, and a diagram of the accident scene showing the position and direction of the vehicles just prior to and immediately following the collision.
Take photographs. If you have a camera or camera-phone, by all means use it. You should take your own photographs even if the police are taking photographs. You should attempt to photograph the following: the scene; the property damage; inside and out of the vehicles; license plates; skid marks; and, perhaps most importantly, visible injuries to persons involved in the accident.
Report the Accident to Your Insurance Company. Call your automobile liability insurance company and provide them with the details of the collision. Any delay in reporting the accident could result in a denial of your insurance coverage. Depending on your coverage and the coverage of the other driver, you may be entitled to medical payment coverage, uninsured motorist coverage and/or underinsured motorist coverage. DO NOT PROVIDE THEM WITH A RECORDED STATEMENT PRIOR TO SPEAKING WITH A LAWYER.
Call an Injury Lawyer. Most personal injury lawyers offer free telephone consultations. Many lawyers also offer free written materials that can assist you in deciding how to proceed with your case.

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If you have been involved in a Wisconsin Car Accident, contact an experienced Wisconsin Car Accident Lawyer for a free case evaluation.