Can I Still Pursue A Personal Injury Claim If I Was Partially At Fault For A Car Accident?

Car accidents are rarely straightforward. Determining who is responsible often involves assessing multiple factors, and in many cases, both drivers may share some degree of fault. If you were partially responsible for a car crash in Wisconsin, you may wonder whether you can still pursue a personal injury claim. The good news is that Wisconsin’s comparative negligence laws may still allow you to recover compensation — even if you were partially at fault. At Bosshard Parke, we understand how confusing and stressful this process can be. Our experienced car accident lawyers in La Crosse and Sparta are here to help you navigate your legal options and protect your rights.

Understanding Wisconsin’s Comparative Negligence Law

Wisconsin follows a modified comparative negligence system. This means that you can pursue a personal injury claim if you were 50% or less at fault for the accident. However, your compensation will be reduced based on your percentage of fault.

For example:

• If your total damages amount to $100,000 and you are found to be 20% at fault, your compensation will be reduced by 20%, leaving you with $80,000.
• However, if you are found 51% or more at fault, you will not be eligible to recover compensation.

This law ensures that those who were primarily responsible for an accident are held accountable, while still allowing injured parties to seek compensation for their losses.

Signs You Should Consult A Car Accident Lawyer

While it’s possible to handle minor car accident claims without legal representation, there are situations where hiring an attorney is crucial. Here are some signs that you should contact an experienced attorney for legal assistance:

1. You’re Being Blamed For The Accident
   Insurance companies often try to minimize payouts by shifting blame. If the other driver or their insurance company is accusing you of being at fault, having a knowledgeable attorney on your side is essential to protect your rights.
2. You Were Partially At Fault
   Even if you believe you contributed to the accident, it’s still worth pursuing compensation. We can investigate the circumstances, gather evidence, and work to reduce your level of fault in the eyes of the court.
3. You Sustained Serious Injuries
   Medical expenses, lost wages, and rehabilitation costs can add up quickly. If you suffered severe injuries, an attorney can ensure you receive fair compensation for your medical bills, ongoing care, and pain and suffering.
4. The Insurance Company Is Offering A Low Settlement
   Insurance companies often offer low settlements that don’t cover the full extent of your losses. Our legal team can negotiate on your behalf to pursue a settlement that reflects your true financial needs.
5. There Are Multiple Parties Involved
   Multi-car accidents are complex, with fault often distributed across several drivers. In these situations, determining liability requires an in-depth investigation. Our attorneys will work to ensure all responsible parties are held accountable.
6. You’re Unsure About Your Legal Rights
   Navigating Wisconsin’s car accident laws can be overwhelming. At Bosshard Parke, we provide clear guidance on your legal options and help you make informed decisions every step of the way.

How Fault Is Determined In Wisconsin Car Accidents

Determining fault requires examining evidence from the scene of the accident. This may include:

• Police Reports: Officers often provide an objective account of how the crash occurred.
• Witness Statements: Eyewitnesses can offer valuable insights that support your claim.
• Traffic Camera or Dashcam Footage: Video evidence can clarify what happened.
• Accident Reconstruction: Experts may analyze skid marks, vehicle damage, and other evidence to recreate the incident.

At Bosshard Parke, we conduct thorough investigations to build a strong case on your behalf. Our goal is to minimize your level of fault and maximize your compensation.

Steps To Take After A Car Accident

If you are involved in a car accident and believe you may be partially at fault, follow these steps to protect your rights:

1. Seek Medical Attention: Even if injuries seem minor, get checked by a medical professional. Prompt treatment also creates documentation for your claim.
2. Document the Scene: Take photos of the vehicles, road conditions, and any visible injuries.
3. Collect Contact Information: Get the names, phone numbers, and insurance details of all parties involved, as well as any witnesses.
4. Avoid Admitting Fault: Stick to the facts when speaking to law enforcement or insurance adjusters. Let the investigation determine fault.
5. Contact A Car Accident Lawyer: An experienced car accident lawyer – like those at Bosshard Parke – can provide legal advice and handle communication with insurance companies on your behalf.

Why Choose Bosshard Parke?

Navigating the complexities of Wisconsin’s comparative negligence laws requires the knowledge and skill of an experienced legal team. At Bosshard Parke, we are committed to advocating for our clients and ensuring they receive the compensation they deserve. Our attorneys will:

• Conduct a detailed investigation into your accident.
• Negotiate with insurance companies for a fair settlement.
• Represent you in court if necessary.
• Provide personalized legal guidance every step of the way.

If you’ve been involved in a car accident in La Crosse, Sparta, or the surrounding areas, contact Bosshard Parke today for a consultation. You don’t have to navigate the aftermath alone — we’re here to help.

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