Wisconsin car accident fault and negligence rules

In Wisconsin, fault in car accidents is determined by a preponderance of the evidence, utilizing factors such as traffic camera footage, eyewitness testimony, and physical evidence like skid marks. Under Wisconsin’s comparative negligence rule, if an injured party is found partially responsible for a crash, their compensation is reduced proportionally by their assigned percentage of fault. However, if the injured party is found to be more than 50 percent at fault, they are ineligible to recover any compensation.

Insurance companies investigate these incidents to manage financial exposure by reviewing police reports, interviewing involved parties, and analyzing data from vehicle event data recorders (EDR). Other critical evidence used to establish fault includes vehicle damage photos, cell phone records regarding distracted driving, and toxicology reports.