Car accidents are a leading cause of injuries in Wisconsin. Unfortunately, even safe, attentive drivers can end up in bad accidents. The Wisconsin Department of Transportation reports that 33,370 people were hurt in motor vehicle collisions in the state in 2023 alone. Through a car accident claim, injured victims have the right to seek compensation for the full extent of their damages. At Fitzpatrick, Skemp & Butler, LLC, we help car accident victims navigate the complexities of our state’s car accident laws. Our firm handles all types of auto accident liability claims. Here, our Wisconsin car accident lawyers highlight the seven types of crash liability.
1. A Negligence Claim Against Another Driver
Wisconsin is a fault-based motor vehicle accident state. As most crashes are caused by negligent drivers, most claims are brought against at-fault motorists. A legal claim against another driver may arise when the other motorist’s failure to exercise reasonable care causes an accident that injures another party. In Wisconsin, proving negligence involves demonstrating that the driver breached their duty to drive safely and, as a result, caused a crash. Some of the most common examples of driver negligence include speeding, distracted driving, tailgating, and reckless driving.
2. A Negligence Claim Against a Truck Company
A fully loaded tractor trailer can weigh as much as 80,000 pounds. Truckers, truck companies, and all other parties involved in the operations must put an emphasis on safety. Profits for trucking companies can never be allowed to take priority of people. When a truck accident occurs, liability can extend to the trucker or the trucking company. These types of claims are focused on the driver’s negligence and/or the company’s negligence. It could be anything from a trucker speeding while between the wheel to the company’s failure to conduct proper vehicle maintenance.
3. A Product Liability Claim Against a Vehicle Manufacturer or Autoparts Maker
You may have a claim after a crash against your vehicle’s manufacturer or any auto parts manufacturer. If a car accident is caused by a defective vehicle or part, the manufacturer might be liable under product liability laws. Some examples include defects in design, defects in manufacturing, and inadequate safety warnings. In Wisconsin, product liability claims are strict liability cases. A manufacturer can be held strictly liable for a crash caused by a vehicle defect.
4. A Fault-Based Claim Against a Government Entity
Although less common, some motor vehicle accident claims are brought against government entities. These claims can be filed if the accident was caused by poor road conditions or inadequate signage, which are the responsibilities of a government entity. As a general matter, proving liability for a government entity car accident case requires showing that the agency/department in question knew or should have known about the hazard and failed to correct it.
5. A No-Fault Claim Through Your Own Insurance Provider
To be clear, Wisconsin is not a no-fault state. The at-fault party is legally responsible for a crash. However, drivers can still file a claim through their own insurance for medical payments coverage (MedPay). Indeed, it is not uncommon for motorists in Wisconsin to have some form of no-fault motor vehicle coverage to help cover their costs if they are fully or partially to blame for a crash. No-fault MedPay coverage which can help cover medical expenses regardless of fault. It is useful for immediate medical costs after an accident.
6. A UM/UIM Claim Through Your Own Insurance Provider
There is an alarming number of uninsured and underinsured motorists on the road in Wisconsin. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage protects you if you are hit by a driver who lacks sufficient insurance to cover your damages. These are types of claims that allow you to recover costs associated with your accident. If you have any questions about UM/UIM claims, our Wisconsin auto accident lawyers are here to help.
7. A Dram Shop Claim Against Bar, Restaurant, or Social Host (Underage Drunk Driver)
Hurt in a crash caused by a drunk driver? That motorist is liable for the accident. However, if that driver was underage (younger than 21 years old), you may have an additional claim against the party that provided them alcohol. Unlike many other states, Wisconsin does not have a comprehensive dram shop law. Bars, restaurants, and social hosts are generally not liable for DUI accidents—even if they over-served the drunk driver who caused the accident. However, there is an exception for crashes involving underage motorists. This type of claim targets the establishment or host that served the alcohol. It allows injured victims and their families to hold the establishment or social host accountable for contributing to the crash.
Recovering Compensation for a Car Accident in Wisconsin
Through a car accident injury claim, you have the right to seek compensation for the full extent of your damages, including non-economic losses. However, sadly, it can be very difficult for injured victims to get access to the full and fair financial compensation that they deserve. Insurance companies are more interested in protecting their own bottom line. Our Wisconsin auto accident lawyers fight for the absolute maximum financial compensation for clients, including for:
- Property damage, including vehicle repairs;
- Ambulance fees and emergency room care;
- Hospital bills and other medical expenses;
- Physical therapy and mental health counseling;
- Lost wages and diminishment of future income;
- Pain and suffering & emotional anguish;
- Disability or physical disfigurement;
- Loss of quality of life; and
- Wrongful death of a family member.
Speak to Our Wisconsin Car Accident Lawyer Today
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin auto accident attorneys fight aggressively for justice. If you or your family member was seriously injured in a motor vehicle wreck, we are here as a legal resource. Reach out to our Wisconsin auto accident lawyers by phone at 608-784-4370 or contact us online for your free, no obligation case review. From our law offices in Onalaska, Eau Claire, and La Crosse, we fight for the rights of injured victims throughout the wider region in Wisconsin.