What If You’re Partially At Fault In A Car Accident?

In many cases, a person in a car accident may at least partially share a portion of responsibility for the accident. If this is the case when a person files a compensation claim against the other individual, the lawsuit will eventually need to establish what portion of fault each party owned. Depending on who was more at fault, a person may be entitled to sue for compensation up to a relative amount according to Wisconsin’s negligence system.

Determining Who Can Sue

Before a case is allowed to move forward in earnest, the claimant needs to first establish that the other party was mostly at fault for the accident. In Wisconsin, mostly at fault is defined by at least 51 percent of the fault for an accident. If a collision wasn’t primarily caused by the defendant’s action or inaction, the case cannot proceed. If it was, the claimant’s case may move forward.

The Cost of Claimant Mistakes

According to Wisconsin’s negligence system, a claimant can only sue for compensation for the amount of fault they were not personally responsible for. This means that a claimant who make a serious error during an accident may not sue for whatever percent of the accident that mistake counts as. For example, if an accident was 10 percent caused by a claimant’s failure to brake at a reasonable time, that claimant may lose the chance to recover that 10 percent of their compensation.

Moving Forward with a Compensation Case

If you’ve been injured in an accident mostly caused by another person’s negligence, you may want to consider consulting with a legal advisor regarding your options in moving forward with a compensation claim. For more information about your options after an injury on the road, contact a Stevens Point car accident lawyer.

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