Drivers must keep a safe following distance, so the trailing driver is often presumed at fault. But that presumption can be rebutted.
The Usual Presumption
When the Lead Driver Shares Blame
Sudden unsafe stops, broken brake lights, or a driver cutting in can shift fault. Wisconsin follows modified comparative negligence under Wis. Stat. § 895.045 — you can recover as long as you are not more than 51% at fault, but your award is reduced by your share of responsibility.
Injuries Are Real
Whiplash and spinal injuries from rear-end crashes are often dismissed by insurers but can cause lasting pain. Prompt treatment documents them.
This article is general information, not legal advice. Injury Claim Team is a free attorney-matching service, not a law firm. For advice about your specific situation, talk to a licensed Wisconsin attorney — we'll connect you at no cost.