Getting involved in a car crash can be extremely traumatic, both physically and mentally. But the laws of Wisconsin ensure that you are compensated for the damages caused by the negligent driver. To make a claim to recover your losses, you need to follow the correct legal procedures.
We have prepared a guide to all the general rules you should know for filing a car accident lawsuit in Wisconsin.
Wisconsin Statute of Limitations
The statute of limitation for filing a car accident lawsuit in Wisconsin is three years. This means you have exactly three years from the date of the car crash to take action against the negligent driver. If, however, a person dies in the accident, you have to file the claim within two years from the date of the death. If you miss this deadline, your case will get dismissed except in certain rare situations.
If the victim was under the age of 18 or mentally disabled at the time of the accident, they can file an action against the defendant within two years from the date on which the disability ceases to exist. However, for persons with mental disability, the lawsuit must be filed within five years from the date of the accident.
The statute of limitation can also be extended in cases where the defendant leaves the state before an action can be taken against them. In this case, the clock starts ticking from the date when the defendant returns to the state.
Wisconsin Laws for Car Drivers
There are several important laws affecting drivers in Wisconsin that you should be aware of.
- Alcohol Restrictions. You are not allowed to drive with more than 0.08% blood alcohol concentration in the system. If you are stopped by the police and asked for a blood alcohol detection test, you are obligated to take it. You might get arrested and lose your license if you refuse.
- Move Over Rule. If you are driving slower than the traffic speed, you must stay in the right-hand lane if available or in the furthest right-hand edge or curb of the roadway. This will avoid disruption of the traffic and allow you to continue driving at your speed.
- Maintaining Speed Limit. You must never go over the speed limit. And although Wisconsin does not have a defined minimum speed, you should not go so slow that it impedes the movement of the traffic.
- Distracted Driving Restrictions. You are not allowed to text or email while driving in Wisconsin. You may make calls or dictate texts in hands-free mode, but you cannot use your hands to operate your phone other than activating or deactivating it. You are not allowed to watch videos or look at pictures at any time while driving.
Identifying Fault for a Car Crash
Wisconsin is an at-fault state, meaning the person responsible for causing the accident is liable to pay for the resultant damages. So, if you are injured in a car accident, you are required to prove the negligence of the other party to collect compensation from them.
The amount of compensation you are eligible to receive is determined by the modified comparative negligence rule. According to this rule, your final claim will be reduced by the percentage of your negligence in causing the accident. But if your negligence was higher than 50%, you cannot recover anything
For instance, if you were 20% responsible for causing the accident, you will only be eligible for 80% of the total damages. But if your negligence was 53%, you cannot recover any compensation from the other driver.
How Can an Attorney Help You?
An attorney can help you in several important ways.
- Identify the Defendants. It may seem that the other driver was responsible for causing the crash, but sometimes an accident may be caused by faulty car manufacturing, poorly constructed roads or a third driver who caused the negligent driver to make rash decisions. A car accident attorney in Milwaukee can help you identify and file a case against the correct party.
- Collect Evidence. Once you have determined the party responsible for causing the accident, your car accident lawyer in Milwaukee can help you gather evidence to prove their negligence. They can collect witness testimony and hire other experts to build a strong case against the defendants.
- Negotiate Compensation. Your Milwaukee car accident lawyer will file the claim with the insurance companies on your behalf and help you fight for the compensation you deserve. They can assess the offers and negotiate a better amount if required.
- File the Lawsuit. If you are not satisfied with the settlement amount offered by the insurance companies, your lawyer will file a lawsuit and represent you in the trial.