After a truck accident, many injured people worry they won't be able to recover compensation if they were partially at fault for the crash. They may have been speeding slightly or failed to signal a lane change just before the collision, which may have contributed to the accident. While sharing some blame can affect your case, it doesn't automatically bar you from receiving compensation for your injuries under Wisconsin, Illinois, and Iowa law.
At Hupy and Abraham, our Milwaukee truck accident lawyers can explain how comparative negligence works and what it means for your right to compensation. We've helped thousands of clients across the Midwest recover damages, even in cases involving shared fault. Let us put our skills and experience to work for you.
Understanding Comparative Negligence in Wisconsin, Illinois, and Iowa
Comparative negligence is a legal concept that applies when multiple parties share fault for an accident. While the exact laws vary slightly between states, the general idea is that an injured person's damages are reduced by their percentage of fault. However, they are not completely barred from recovering compensation unless their fault reaches a certain threshold.
Here's a breakdown of how comparative negligence works in the states where Hupy and Abraham represent clients.
Wisconsin
Wisconsin follows a modified comparative negligence rule. Under this rule:
- You can recover damages if you are less than 51% at fault for the accident.
- Your damages will be reduced by your percentage of fault.
- You cannot recover compensation if you are 51% or more at fault.
For example, if you suffered $100,000 in damages but were found 30% at fault, your recovery would be reduced to $70,000. However, if you were found 51% at fault, you would be barred from recovering anything.
Illinois
Illinois also follows a modified comparative negligence rule, but with a slightly different threshold:
- You can recover damages if you are less than 50% at fault.
- Your damages will be reduced by your percentage of fault.
- You cannot recover compensation if you are 50% or more at fault.
Using the same example as above, if you suffered $100,000 in damages and were 30% at fault, you could recover $70,000. But you would recover nothing if you were 50% or more at fault.
Iowa
Iowa is also a modified comparative negligence, following the same rules as Wisconsin’s modified comparative negligence rule.
Proving Fault in a Truck Accident Case
Determining fault is crucial in any accident case, but it can be complex in crashes involving large commercial trucks. Many parties may share the blame, including:
- The truck driver
- The trucking company
- The truck manufacturer
- Third-party maintenance companies
- Other drivers on the road
To protect your right to compensation, your Milwaukee truck accident lawyer will:
- Investigate the accident scene and gather evidence
- Interview witnesses
- Review truck driver logs and company records
- Consult with accident reconstruction experts
- Analyze medical records and injury reports
Armed with strong evidence, your attorney can build a case showing the truck driver or trucking company's negligence while downplaying your own contribution to the crash.
Damages Available in a Truck Accident Case
A truck accident can leave you with significant damages, even if you were partially to blame. Depending on the circumstances, you may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Disability
- Loss of enjoyment of life
Your truck accident lawyer will thoroughly document your damages and negotiate with the insurance company aggressively to pursue every dollar you deserve.
How Hupy and Abraham Can Help After a Milwaukee Truck Crash
If you've been injured in a truck accident in Wisconsin, Iowa, or Illinois, don't let concerns about fault stop you from seeking the compensation you need to move forward. The experienced personal injury attorneys at Hupy and Abraham can:
- Explain how Wisconsin's comparative negligence law applies to your case
- Investigate your accident to determine fault
- Gather evidence of the truck driver or trucking company's negligence
- Document your injuries and damages
- Negotiate with the insurance company on your behalf
- Take your case to trial if a fair settlement can't be reached
With over 200 years of combined experience and over $1 billion obtained in settlements and verdicts for our clients, we have the skills and resources to fight for your rights after a truck crash, even in complex cases involving shared fault.