If you’ve been injured in a crash caused by another driver, most states give you the right to collect compensation, typically by filing a claim with their insurer. However, rules vary from state to state, so establishing liability may require the services of an experienced car accident attorney who understands the law. Generally, establishing liability depends on the circumstances of your crash and whether you live in a fault or no-fault state.

Establishing Liability After an Auto Accident

At-Fault States

In most jurisdictions, the driver who caused the accident is legally liable for all damages suffered by someone else, including medical bills, lost wages, and emotional trauma. Establishing liability usually entails reconstructing the accident and taking witness statements to prove that one driver was violating the rules of the road. Perhaps they were speeding, failed to stop at a red light, or were driving under the influence. If your car accident attorney can prove their negligence caused the accident, their insurer will be required to cover your damages.

No-Fault States

In no-fault states, each driver carries personal injury protection (PIP), which pays for their own damages regardless of who caused the accident. Under this system, establishing liability is less critical since each driver’s insurer will cover their own losses regardless of who was at fault. However, in some states, injured drivers may still be able to file a claim against the liable driver if the costs of their injuries exceed the limits of their PIP coverage.

The Rules in Wisconsin

Wisconsin operates under a fault system, requiring each driver to carry a minimum of $25,000 in liability coverage per person, with a total of $50,000 per accident, along with $10,000 in property damage. If you’ve been injured by a reckless driver in Wisconsin, collecting the compensation you deserve may depend on the expertise of your car accident attorney.

With over 20 years’ experience and a reputation throughout Wisconsin and Minnesota for effective representation and personalized service, Fitzpatrick, Skemp & Associates, LLC is committed to ensuring that justice is done. Together, they’ll work with you towards a fair resolution, and won’t collect a fee unless they succeed in your case. Learn more about how they can help online or call (877) 784-1230 for a free consultation with a car accident attorney today.