After the initial shock of a car accident has passed, one of the first questions you may ask yourself is, “Who is responsible for the accident?” This is a practical question in many ways because proving fault or responsibility will determine which party’s insurer will pay for accident damages and, possibly, which party will be ticketed or have the accident go on their driving record.
Even if you are certain you did not cause the accident, you might find yourself in the position of having to prove that you were not responsible. In order to prove fault, you’ll first need to prove negligence.
Wisconsin operates under a comparative negligence system, which means it is possible for both parties to be partially at fault for car accidents. As long as your degree of negligence, or amount of fault for the accident, is equal to or less than the other party’s, you can still pursue a claim. Be aware that the amount of compensation you are awarded, if any, will be reduced by the degree of fault you bear for the accident.
Winning an accident case and proving fault always hinges on whether or not you can prove the other party acted in a negligent manner. To prove negligence, you will need to present factual evidence, which can be obtained through:
All of this information helps to build evidence that proves fault in an auto accident. Police reports and photographs provide physical evidence of the accident, while medical reports and mechanic reports help put a number on the amount of damage/loss incurred. This information is used to determine the amount of compensation you should seek in a car accident claim.
You’ll need help to prove fault in a car accident. The car accident attorneys at Eisenberg Law Offices can help you prove your claim by collecting and presenting evidence, reviewing the circumstances surrounding the accident, and advising you on appropriate compensation amounts. We always advocate for the highest award possible for our clients. We offer free initial consultations so you can learn if you even have a case and what the outcome may look like for you.
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The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356