In Wisconsin, being partially at fault for an accident doesn’t automatically disqualify you from recovering compensation—but it may reduce the amount of damages that you can recover.
The comparative negligence framework requires courts to assign fault percentages to everyone involved, which, in turn, reduce their final settlements.
If you are partially at fault, it may cost you portions of your recovery, which is why it is so important to work with a Milwaukee car accident lawyer who knows how to challenge fault determinations and protect your interests.
How Wisconsin’s Modified Comparative Negligence System Works
Wisconsin follows a modified comparative negligence system with a 51% bar. This means you can recover damages as long as you are not more at fault than the other party. If you are assigned 50% of the blame or less, you can still pursue compensation—but your award gets reduced by your percentage of fault. Cross that 51% threshold, and you are barred from recovery entirely.
Here is how it works in practice: Say you are injured in a car accident and your total damages come to $100,000. If you are found 20% at fault, you would recover $80,000. If you are 40% at fault, you’d collect $60,000. But if you’re determined to be 51% or more responsible, you do not recover any compensation.
Common Factors That Impact Fault Determination
Courts and insurance companies look at numerous elements when dividing responsibility between parties. Depending on the case, these factors may include:
- Witness Statements: Eyewitness accounts carry significant weight in any accident case, providing independent perspectives on what happened and who acted carelessly or violated safety standards.
- Physical Evidence: The condition of the accident scene, property damage, photos, videos, and other tangible evidence help reconstruct events and establish who contributed to the incident.
- Safety Violations: Breaking established rules—whether traffic laws, workplace safety regulations, or property maintenance codes—strongly suggests negligence and typically results in higher fault percentages.
- Expert Testimony: Accident reconstruction specialists, medical professionals, engineers, and other experts can analyze evidence and provide opinions about how the accident occurred and who bears responsibility.
Fighting Against Unfair Allegations of Fault
In Wisconsin, a few percentage points can mean the difference between significant compensation and zero recovery. The more fault that an insurance company or defense attorney can pin on you, the less you will recover. This is why you need a Wisconsin personal injury lawyer on your side.
Your attorney will work tirelessly to tell the complete story of what happened, not just the version that benefits the insurance company.
They will work with accident reconstruction experts, interview witnesses, obtain surveillance footage, and challenge biased accounts. Leveraging this evidence, your attorney can argue for a fair fault allocation that protects your right to full compensation.
Maximize Your Recovery with Cannon & Dunphy S.C.
Wisconsin’s comparative negligence laws can affect your ability to recover compensation, but partial fault shouldn’t prevent you from pursuing justice after an injury. Even if you bear some responsibility for the accident, you may still be entitled to damages.
Cannon & Dunphy S.C. helps clients navigate these complex calculations while building cases that minimize unfair fault assignments and maximize recovery.
Contact us at (262) 239-4124 to learn about your legal options and explore strategies that protect your right to compensation.