Car crashes occur every hour of every day. They are one of the most common sources of personal injuries. According to the Wisconsin Department of Transportation, in 2023, there were 124,627 motor vehicle accidents in the State of Wisconsin. Nearly 25,000 crashes involved injuries, while 512 crashes were fatal.
At Lojewski Abuse & Injury Law, some of the catastrophic injury cases Kristen handles involve:
- Traumatic brain injury (TBI)
- Head injury and brain damage
- Broken bones
- Burns
- Spinal injury and nerve damage
- Wrongful death
No one crash is exactly the same, and that is why Kristen works personally with each one of her clients and only takes on a limited number of cases -- so that you get the care and attention you deserve when selecting an attorney.
Bringing a Car Accident Claim in Wisconsin
It is important to know the Statute of Limitations in Wisconsin, which is the deadline to bring your claim. This hard deadline is typically three years for injuries arising from car accidents. If the car crash results in death, the statute of limitations is only two years.
While this seems like a lot of time, it's not. Collecting evidence should occur very quickly after a car accident to ensure necessary evidence is preserved. Some evidence a car accident attorney should act quickly on includes:
- Black box data
- GPS device data
- Smartphone data
- Traffic camera footage
- 911 calls
- Photographs of the vehicles involved, the road conditions, the crash site, skid marks, and any visible injuries
- Witness statements, including names, contact information, and what they observed
The duration for which black box data, also known as event data recorder (EDR data) is preserved varies by vehicle model but is only stored for a limited amount of time. Some black boxes store data for only 30 days, with some models storing for a shorter period and others for a longer period.
Black box data can be crucial to prove a car accident case because it can show vehicle speed, throttle and brake input, airbag deployment data, seatbelt usage, steering and vehicle direction, engine speed, crash severity, vehicle rollover data, timestamp of incident, stability systems, and in some models, even GPS and location data.
There is other evidence necessary for car accident cases, such as police reports, body worn camera footage, medical records, and, in some cases, expert testimony.
Evidence gathering is necessary to pursue a car accident claim and can be challenging as more time passes. Black box data clears, 911 calls get destroyed, evidence can get lost, and memories of witnesses could fade.
After you submit your story to Lojewski Abuse & Injury Law, Kristen will carefully evaluate your claim and begin taking action to ensure that you are in the best possible position for full justice.
Common Causes of Car Accidents in Wisconsin
Car crashes happen due to many reasons. Typically, causes can be grouped into three categories: drivers, vehicles, and environment.
Drivers
- Drunk drivers
- Drug Impaired drivers
- Speeding or reckless driving
- Distracted drivers
- Drowsy or fatigued drivers
- Aggressive driving
- Teen drivers
Vehicles
- Tires/wheels-related
- Brakes-related
- Steering/suspension/transmission/engine-related
- Manufacture defects
Environment
- Slick roads (e.g., ice, loose debris)
- Glare
- View obstructions
- Signs/signals
There are other reasons that don't fall into these categories. In some cases, liability will be easily identifiable and the fault of one driver. Other car accident cases can be more complex. Analyzing a police report and black box data can assist in determining the cause of the crash.
How Much Is My Case Worth?
Most car accident victims want to know how much their car accident claim is worth, which is entirely understandable. This is determined on a case-by-case basis because no two claims are the same. Car accident settlements and judgments depend largely on the facts of that particular case, the severity of the injuries the victim sustained as a direct result of the crash, and the "aftermath" of the crash, such as ability to work and continued medical treatment.
What some lawyers may not tell you upfront is that it also may depend on the amount of insurance both the at-fault driver has and you have, including uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage. The reason for this is because the civil justice system only allows for money justice in auto accident and other types of personal injury cases. If there is little to no insurance coverage, it can make it much more challenging to seek money justice on your behalf.
Wisconsin requires minimum liability insurance of $25,000 for the injury or death of one person and $50,000 for the injury or death of more than one person. In Wisconsin, all auto insurance policies must also include UM coverage with minimum limits of $25,000 per person and $50,000 per accident for bodily injury. UM coverage protects against uninsured drivers and hit-and-run accidents. UIM coverage, on the other hand, is optional in Wisconsin. UIM coverage protects against at-fault drivers who have insurance but not enough to fully compensate you. Knowing if you opted in for UIM coverage will be specific to your auto insurance policy.
Just like a good car accident lawyer will investigate your claim, you can expect that both the at-fault driver's insurance company and your insurance company will also be investigating the cause of the wreck. In some cases, the insurance company may agree to settle your claim. But, keep in mind, the insurance companies are for-profit entities. They make money by bringing in premium payments and increase profit margins by minimizing the amount of money they pay out in settlements.
When an insurance company offers a settlement, that offer may not represent the full and fair compensation a victim deserves, and it is important to consult with a car accident attorney before agreeing to any settlement with your or the at-fault driver's insurance company.
Car accident victims should be compensated for their losses, which may include:
- Medical bills
- Future medical costs
- Lost work wages
- Future earnings
- Pain and suffering
- Disfigurement
- Emotional distress
- Loss of companionship and support
What if I am At Fault for the Car Accident?
The short answer is: you still may be able to recover but your total compensation will be reduced by the degree of your fault. If you're more than 50% at fault though, you would not be able to recover any damages.
Why? Well, Wisconsin is a comparative faultstate, which means that the degree of fault is based on a percentage out of 100%. If the investigation of the car accident reveals that you are less than or equal to 50% responsible for the crash, you can still recover compensation under Wisconsin law. But, Wisconsin courts will reduce your award by the percentage of fault that you share.
If it is determined that you share 20% fault, then you'd be entitled to 80% of the total compensation awarded. Meaning, if total compensation awarded by a jury is $100,000, and a jury determined you were 20% at fault, you'd be entitled to recover $80,000. But, remember, if it is determined that you share 51% fault, then you'd be entitled to 0%, or no compensation.
Your degree of fault will also be considered by the insurance company and will likely contribute to what compensation, if any, the insurance company offers for your claim. An insurance company may not be accurately analyzing your claim though, so it is important to speak with a car accident attorney before any settlement.
Contact a Wisconsin Car Accident Attorney Today
Auto accident claims can seem straightforward at times but are often complex and might have an insurance company that wants to minimize the amount of money they pay out in settlements to increase profit margins. So, you shouldn't fight alone either or be bullied by a large corporation with endless resources.
Contact Kristen for a free consultation at (414) 999-3771 to share your story and to Be Seen, Be Heard, Be Safe, and Be Championed.