Why Wisconsin Car Accidents Are Different
Wisconsin pairs dense urban freeway systems in Milwaukee and Madison with hundreds of miles of rural state highways where speeds are high and help can be far away. Long, harsh winters bring black ice, lake-effect snow, and whiteout conditions, while deer-vehicle collisions are among the most common rural crashes in the state. Add summer construction season on I-90, I-94, and I-43, and Wisconsin roads present hazards in every season.
Wisconsin's Fault and Insurance Rules
Wisconsin is an at-fault (tort) state, so the driver who causes a crash is responsible for the resulting harm. Wisconsin follows a modified comparative negligence rule under Wis. Stat. § 895.045, meaning you can recover compensation as long as you were not more than 50 percent at fault, with your award reduced by your share of fault. Wisconsin requires drivers to carry minimum liability coverage of 25,000 dollars per person and 50,000 dollars per accident, plus uninsured motorist coverage — but those minimums rarely cover the cost of a serious injury.
Compensation You May Be Owed
After a Wisconsin car accident you may recover current and future medical expenses, lost wages and reduced earning capacity, vehicle and property damage, and non-economic damages such as pain, suffering, and loss of enjoyment of life. Wisconsin does not cap most compensatory damages in ordinary motor-vehicle cases. In crashes involving drunk or recklessly negligent drivers, punitive damages may also be available under Wis. Stat. § 895.043.
What to Do After a Crash in Wisconsin
Call 911 and report the crash, especially on a freeway or rural highway. Seek medical care right away, even if you feel uninjured, because adrenaline can mask serious harm. Photograph the vehicles, the scene, skid marks, and road conditions. Collect contact and insurance information and the names of any witnesses. Do not give a recorded statement to the other driver's insurer before talking to an attorney, and remember Wisconsin's three-year statute of limitations under Wis. Stat. § 893.54 gives you a limited window to act.
Injured in Wisconsin? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Nothing upfront. Our network attorneys work on contingency, so you pay no fee unless they recover compensation for you. The case review is always free.
Generally three years from the date of the crash under Wis. Stat. § 893.54. Claims against a government entity require a notice of claim within 120 days, so act quickly.
Wisconsin's modified comparative negligence rule lets you recover as long as you were not more than 50 percent at fault. Your compensation is reduced by your percentage of fault.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Wisconsin attorney.