Authors: Katie Bosworth & Mackenzie Campbell
When accidents happen, determining fault isn’t always straightforward. In many cases, both parties involved in an incident might share some level of responsibility. This is where the concept of contributory negligence comes into play. At Doar Drill and Skow, we believe it’s essential for our clients to understand this principle and how it could affect their legal rights and potential compensation.
What is Contributory Negligence?
Contributory negligence is a legal doctrine used to determine the amount of fault or negligence each party has in an accident or injury. If an injured party is found to have contributed to the cause of the accident, their compensation might be reduced according to their degree of fault.
For example, if you were involved in a car accident and at trial the jury determined that you were 30% at fault for the accident, while the other driver was 70% at fault, your compensation would be reduced by your share of the fault—30% in this case.
Modified Comparative Negligence
Wisconsin is a modified comparative negligence state. Under modified comparative negligence in Wisconsin, accident victims can pursue personal injury claims against the at-fault party as long as their apportioned negligence does not exceed that of the at-fault party. If it does, the injured party is not permitted to receive compensation for their injuries. If it doesn’t exceed the at fault party’s negligence, but the accident victim was found by a jury to be partially at fault, their damages are reduced by the percentage they were found to be at fault for the accident.
This rule contrasts with “pure” contributory negligence, where a plaintiff can still recover their damages even if they were found to be 99% at fault.
Seeking Legal Guidance is Key
Navigating the complexities of contributory and comparative negligence and understanding how fault is determined can be challenging. Each case is unique, and various factors can influence the outcome, such as the evidence available, witness statements, and the specific circumstances of the accident.
At Doar Drill and Skow, our experienced attorneys are here to help you understand your rights and build a strong case. We will work with you to ensure that your contribution to the accident is accurately assessed and that you receive the compensation you deserve.
Need legal assistance? Contact Doar Drill and Skow today to schedule a consultation and learn more about your rights and options under Wisconsin law.