Comparative negligence assigns degrees of fault or liability to you and other parties involved in a car accident. Courts use this doctrine to determine how much each party must pay for damages.
By understanding comparative negligence and its implications, you can better prepare for any legal proceedings that may arise after a car accident.
Determining negligence
Negligence is a failure to act reasonably in a given situation. If you were speeding or driving under the influence before the crash, these would be clear examples of negligence. However, some examples are not as clear-cut. Your insurance company may try to argue that you were partially negligent because of something more subtle, such as not braking fast enough before the other car T-boned you. You must be ready for these tactics so that you do not wind up getting less than your fair share.
Determining compensation
Compensation is the projected cost of all losses associated with the accident. These losses may include medical bills, loss of wages, and pain and suffering. In Wisconsin, you can get compensation if you can prove that you were less than 51% responsible for the accident. If you are able to recover damages, the amount of money will depend on your percentage of fault. You will likely recover far more if you were only 5% liable than if you were 50% liable.
In many car accidents, both parties are responsible. Comparative negligence can be tricky in these cases. It is important that you factor in every small detail so that you can get the compensation you deserve.