The back driver is not always at fault in a rear-end accident in Wisconsin. However, it is often assumed that they are.
If you have been in a rear-end crash, our car accident lawyer in Milwaukee will look closely at the crash to determine who is responsible. We will use proof from the accident to show the insurance company what happened as we work to recover your damages.
When an insurer looks at your claim, the details matter. We will step in to protect your side of the story.
Why the Back Driver Often Gets the Blame in Rear-End Crashes?
In many rear-end crashes, the driver in the back vehicle is expected to leave enough space to stop safely. Basic traffic safety rules set this expectation. If a driver follows too closely or is not paying attention, they may not be able to stop in time.
Under Wisconsin Statutes § 346.14, drivers must not follow another vehicle more closely than is reasonable and safe. Because of the law, insurance companies may assume at first that the driver in the rear car caused the crash. This assumption does not close the case.
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Situations Where the Back Driver May Not Be At Fault for a Crash
The front driver’s actions or other outside factors can cause rear-end accidents. In these cases, the back driver may not be fully responsible.
- Sudden and unsafe stops: The front driver slams on the brakes for no clear reason.
- Broken brake lights: The rear driver has no warning that the car ahead is slowing down.
- Reversing into traffic: The front vehicle backs into the car behind it.
- Cutting off another driver: A driver changes lanes too quickly, leaving no space to stop.
- Multi-chain car crashes: A third vehicle pushes one car into another.
- Hazardous road conditions: Ice, snow, and debris make stopping difficult, even at a safe distance.
Fault for an accident may be between two or more drivers, including the rear driver, depending on what happened. However, in others, the rear driver may not be responsible at all. A close review of the crash details helps show who should pay the damages.
How Wisconsin’s Comparative Fault Rule Works
When it’s not clear who should cover losses, Wisconsin’s comparative negligence rule, found at Wisconsin Statutes § 895.045, can help parties decide. Per the law, a person can recover damages if they are not more than 50% at fault.
Here are a few other things to keep in mind:
- If you are less than 51% at fault, you can still recover damages.
- Your share of fault will lower how much you recover.
- If you are more than 51% at fault, you cannot recover any damages.
In crashes where both drivers may have made mistakes, parties may disagree over who’s more at fault.
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How Insurance Companies Handle Rear-End Accidents
When insurance companies assume the back driver caused the crash, they may move to close the claim quickly. If the facts of the crash are more complex, this approach can lead to various problems, including low settlements that don’t cover the damages.
Assuming the back driver caused the damage can delay a claim and cause disputes over the severity of the injuries or vehicle damage. As with other accidents, adjusters may look for ways to reduce a payout.
They may focus on any small details that shift the blame your way.
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What Kinds of Evidence Can Show Who Caused the Crash?
The right proof can help show how the crash happened and who should be responsible. Without it, the insurance may rely on early assumptions that hurt your case.
We can use any of the following to help build a clearer picture of what happened:
- Police reports: Officers may note traffic violations, driver behavior, and road conditions.
- Photos and videos: Images of the vehicles, damage, and the crash scene can help explain how the accident occurred.
- Witness statements: People who saw the crash can share what they saw happen.
- Dashcam footage: Video can show sudden stops, unsafe lane changes, or other key moments before or after the accident.
- Vehicle damage: The damage to each vehicle can help show how the collision happened.
- Inspection or repair records: These can show if brake lights or other parts were working at the time.
When evidence supports the details of the crash, it becomes easier to show who should cover damages.
How We Help With Disputes Over Fault in Rear-End Accidents
We know that rear-end accident claims involve more than one side of the story. When fault is questioned, our car accident attorney will review the facts and work to show how the crash unfolded.
Legal support from our team may include:
- Taking over talks with the insurance company.
- Responding to questions or pushback about the claim.
- Organizing the claim to ensure we don’t miss anything.
- Addressing disputes about fault or damages.
With someone handling your claim, you do not have to manage calls, paperwork, or delays on your own. This allows you to focus on healing from the crash while your claim moves forward.
How Long Do You Have to File an Injury Lawsuit in Wisconsin?
Most personal injury cases settle outside of court. However, some can head to trial if the injured party and insurance company cannot resolve the claim.
Under Wisconsin Statutes § 893.54, you generally have three years from the date of the crash to file a lawsuit for damages. If you miss this deadline, you may not be able to recover damages.
Starting early gives you and your attorney time to gather evidence and build your case.
What to Do After Someone Has Rear-Ended Your Vehicle
The moments after an accident are rushed, and you may feel stressed. Still, it helps to think clearly about what to do next. Acting quickly can help protect your health and your claim for damages.
Here are some things you can do:
- Call the police and report the crash immediately.
- Get a copy of the police report for your records.
- Seek medical care right away, even if your injuries seem small.
- Take photos and video of the vehicles at the scene.
- Reach out to witnesses and ask for their contact information.
- Keep records of your treatment, repairs, and expenses.
- Be careful when speaking with the insurance company. We can speak to the adjuster for you and protect your claim.
Had a Rear-End Crash in Wisconsin? Call Gruber Law Offices
When there’s a dispute over who’s at fault for a rear-end crash, many assume the driver in the back caused it. However, this is not always the case, and that assumption can derail a claim for damages.
At Gruber Law Offices, our personal injury lawyers in Milwaukee focus on the details and use them to protect you from unfair blame from the insurance company. Our team of 130+ professionals handles these claims regularly, so we know what to look for when seeking damages.
Our Milwaukee-based firm has served people across Wisconsin for over 40 years. We will use our resources and experience to seek a favorable outcome for you. Our contingency fee agreement ensures you don’t pay us anything until we win, and our fees come out of your settlement. We’re ready to help. Make “One Call…That’s All!” for a free consultation.
Call or text (414) 276-6666 or complete a Free Case Evaluation form
