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Fault in an Auto Accident – How It Is Determined and Why It Matters

Posted on in Green Bay Auto Crash Attorney

Appleton auto accident attorneysAfter an auto accident, you will hear a lot of industry-specific terms; fault is one of them. While most drivers know the meaning of the term, not all understand how it is determined or why it matters. The following information explains, and it provides some important details on how an experienced auto accident attorney can help improve the outcome of your personal injury case.

Fault in a Car Crash – Why It Matters

Even if you have never been in an accident, you have probably heard others discuss the aftermath of their own situations. You may have even heard them talk about fault. Why is this element so important in an auto accident, and how might it affect your case after a crash?

The biggest reason that fault matters is related to the way that insurance payouts occur in Wisconsin, which is a comparative negligence state. If you are found to be 51 percent at fault or greater, you may be ineligible for a settlement in an auto accident claim. Fault that falls below the 51 percent threshold may entitle you to compensation, but any fault you carry will typically result in a reduced payout.

Unfortunately, determining fault in an auto accident is far more complex than most people realize, and there is always a risk that it may be wrongfully determined – either by accident, or intentionally. For example, an insurance company may conduct their own investigation and attempt to place additional blame on you, the victim, because they know it can reduce their payout. Thankfully, there are ways that victims can protect themselves from such issues.

How Fault in an Auto Accident is Determined

To determine fault, a wide array of information may be used, including police reports, accident reconstruction results and theories, and even the information that you gather after the crash. For this reason, it is critical that victims are vigilant about collecting the names, addresses, and phone numbers of any witnesses. Photographs of the scene and any damage to your vehicle can also be beneficial in your case. Lastly, ensure you have an experienced attorney on your side, representing your best interests and protecting your legal rights.

Contact Our Appleton Auto Accident Lawyers

If you or someone you love has been involved in an auto accident, contact Herrling Clark Law Firm, Ltd. for assistance. Dedicated and experienced, our Appleton auto accident lawyers will aggressively protect your rights in a claim – and that includes your right to pursue full and fair compensation. Get started by scheduling a free and personalized consultation. Call 920-739-7366 today.

Sources:

https://www.esurance.com/info/car/how-fault-is-determined-after-a-car-accident

 

http://docs.legis.wisconsin.gov/statutes/statutes/895/I/045

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