Determining fault after an accident is not always a simple situation. However, remember that after an accident happens, the first thing to do is to check for injuries and call the police (here’s how to report a car accident). Having a police report is important for figuring out fault. Determining fault is a vital part of this process because an at-fault individual’s insurance company is on the hook to pay for financial damages.
How is fault determined?
The general way to determine liability is by a display of negligence—sometimes referred to as fault or blame—that needs to be shown before a person can be held liable. This means a person is acting in a way that creates unreasonable risk of injury to a person or property.
In some instances, fault can be determined if there was a violation of a statute or other law. If a law is designed to protect members of the public from a certain type of harm, a violation of that law establishes that the person was negligent. An example of this is a statute that requires owners to install smoke detectors in their properties. If the owner fails to install this and someone is injured, then fault is determined on the part of the landlord simply by showing the smoke alarms were not present.
Ultimately, whether a party is negligent in causing an injury is decided by a judge or jury. If more than one party is found responsible, the percentage that each party contributed to a result is then determined. That includes an injured party’s contribution to the accident or injury.
Is Wisconsin a no-fault insurance state?
Wisconsin is not a no-fault insurance state, also known as a Personal Injury Protection state. This means fault must be determined before a victim can recover damages. On the other hand, in no-fault insurance states, no party is at fault in an accident and both parties need to file a claim with their insurance companies to pay for costs.
Is “med pay” insurance coverage based on fault?
No, medical payment insurance coverage is often preset in both auto, home, and business, and is not based on fault. Instead, it’s based on your status as a visitor to someone’s property or of being injured as a result of a vehicle. This coverage is available for both property and motor vehicle insurance policies. For property coverage, if a non-owner of a property is injured on the property, they will be eligible for reimbursement of some medical expenses due to the injury, regardless of fault. It would even cover your injuries if you tripped over your own feet. This coverage also applies to those injured as a result of a motor vehicle crash—again, without regard to fault. This coverage is only for medical expenses incurred as a result of the accident, and usually has limits between $1,000 and $10,000.
In a car accident, does paint transfer determine fault?
No. However, a paint transfer can help establish if a car accident has happened, how it might have happened, and even the speed at which the accident might have occurred.
How does the location of damage on a car relate to the determination of fault?
Yes, the location of damage on a vehicle can help determine how a collision played out and your role in the accident. However, this is just one piece of evidence that’s used in conjunction with police reports, testimony from witnesses, photographs, tire tracks, traffic citations, and more.
How does fault affect workers’ compensation?
Workers’ compensation in Wisconsin is not a fault-based system. If an injury arises out of employment, workers’ compensation must pay—whether it was caused by the employer or employee. However, certain safety violations (by either the employer or employee) may increase or decrease certain compensation slightly, but it’s not necessary to determine fault.
How does fault relate to collecting damages?
After percentages of fault are determined, a complex series of rules come into play. To collect damages from a negligent party, the percentage of fault assigned to the injured person must be either equal to or less than the other party. If it’s equal or less than the negligence of another party, the award is reduced by the percentage of negligence assigned to the injured party.
Still have questions?
Perfect, the team at Murphy & Prachthauser is ready to provide you with knowledgeable legal and financial advice to guide you through the process to get you the results you deserve.