Personal Injury Claims For Partially At-Fault Drivers In Wisconsin

By Howard Eglash, Personal Injury Attorney

Many people believe they lose the right to compensation if they were even partly responsible for a car accident. In Wisconsin, that is not true. State law allows injured drivers to pursue personal injury claims even when they share some fault for the accident.

This blog explains how Wisconsin’s comparative negligence rules work, how partial fault affects recovery, and why fault determinations matter in personal injury claims.

Wisconsin’s Comparative Negligence Rule Explained

Wisconsin follows a modified comparative negligence system. Under this rule, an injured person may recover damages as long as they are not more at fault than the other party.

In practical terms:

• You may recover compensation if you are 50 percent or less at fault
• You may not recover compensation if you are 51 percent or more at fault

If you are partially at fault, your recovery is reduced by your percentage of fault. This makes fault allocation one of the most important issues in any injury claim.

What Partial Fault Looks Like In Real Accidents

Many accidents involve shared responsibility. Common examples include:

• Speeding slightly when another driver runs a red light
• Following too closely when another driver stops suddenly
• Failing to signal while another driver makes an unsafe lane change
• Driving in poor weather conditions when another driver loses control

In these situations, insurers often argue both drivers contributed to the crash. Determining fault becomes a matter of evidence, not assumptions.

How Fault Is Determined In Wisconsin Injury Claims

Fault is determined by examining the facts of the accident.

Evidence often includes:

• Police reports
• Witness statements
• Photographs or video footage
• Vehicle damage analysis
• Medical records
• Accident reconstruction testimony

Insurance companies frequently assign fault early in the process. These determinations are not final. They reflect the insurer’s position, not a legal ruling.

How Partial Fault Affects Compensation

When fault is shared, compensation is reduced proportionally.

For example:

• If total damages equal $100,000
• If you are found 20 percent at fault
• Your recovery would be reduced to $80,000

This reduction applies to:

• Medical expenses
• Lost wages
• Pain and suffering
• Future damages

Because fault percentages directly affect compensation, disputes over fault often drive negotiations and litigation.

Insurance Company Strategies In Partial Fault Cases

Insurance companies routinely raise partial fault arguments. These arguments reduce payout exposure and shift responsibility.

Common tactics include:

• Overstating minor driving errors
• Relying on selective portions of police reports
• Downplaying the other driver’s conduct
• Pressuring early statements

Early statements made without legal guidance often shape fault narratives. Once recorded, those statements become difficult to challenge.

Why Early Legal Review Matters

Partial fault claims require careful analysis from the start. Small details influence fault percentages.

An attorney evaluates:

• Accident evidence
• Applicable traffic laws
• Witness credibility
• Medical causation
• Insurance coverage issues

Early review helps counter unfair fault assignments and preserve evidence before it disappears.

Can You Still File A Claim If You Were Partially At Fault

Yes. Being partially at fault does not prevent filing a claim in Wisconsin. It affects how the claim is evaluated.

Many valid claims involve shared responsibility. Filing allows fault to be examined fully rather than accepted at face value.

Waiting or assuming fault bars recovery often results in missed opportunities.

Revisiting A Common Misconception

One of the most persistent misconceptions in personal injury law is that fault must be all or nothing. Wisconsin law recognizes reality. Accidents often involve multiple contributing factors.

Understanding comparative negligence helps injured people make informed decisions rather than relying on insurance company explanations.

When Partial Fault Cases Become Disputes

Disputes arise when parties disagree on fault percentages. These disagreements may require:

• Additional investigation
• Expert analysis
• Formal negotiations
• Litigation

Fault determinations often evolve as evidence develops. Early assumptions rarely reflect the full picture.

Talk With A Wisconsin Personal Injury Attorney

If you were injured in an accident and believe you may share some responsibility, understanding Wisconsin’s comparative negligence rules matters. Legal guidance helps evaluate fault, evidence, and potential recovery.

If you have questions about a personal injury claim involving partial fault, schedule a consultation with our personal injury attorney at Bosshard Parke.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult an attorney at Bosshard Parke.