After a rear-end accident in Wisconsin, you should check for injuries, call 911, report the crash, gather evidence, and tell the insurance company. You may also need to prove fault if the other driver disputes what happened.
Our car accident lawyer in Milwaukee will handle the insurance company if it questions your claim for damages or tries to shift blame for your injuries and losses.
Rear-end crashes seem straightforward, but parties can disagree on what happened. You may face delays, claim denials, or disputes over who caused the crash. If you are unsure about what steps to take next, you can review your legal options with our team.
What Should You Do Right After a Rear-End Accident?
How you respond after an accident can make a difference in your case.
Here are steps you can take to protect your health and pursue damages:
- Start by checking for injuries: Look for any signs of harm to yourself or others.
- Call 911 and report the crash: Ask for medical help and have a police officer come to the scene.
- If it’s safe, move out of traffic: This can help prevent another accident, and it’s important that you get to a safe location.
- Exchange key details with the other driver: Get names, contact information, license plate numbers, and insurance information.
- Use your cell phone to document the scene: Take photos of vehicle damage, road conditions, and anything else that stands out and can help show what happened.
- Stick to the facts when speaking to the police: Avoid guessing or saying anything that could be taken as an admission of fault.
Even in a low-speed crash, painful injuries can surface later. Medical records help connect your injuries to the crash, so make sure to get a health exam as soon as possible.
For a free legal consultation, call (414) 276-6666
Are Rear-End Accidents Always the Rear Driver’s Fault?
No, rear-end accidents are not always the fault of the rear driver, although people and insurance companies often assume they are. Fault is not automatic in every case.
In Wisconsin, drivers must keep a safe distance and stay alert. A driver who follows too closely or fails to react in time, resulting in a rear-end accident, may be held responsible.
Still, there are times when the front driver may have some or all of the fault.
When Might the Front Driver Be Responsible?
Any of the following can shift the blame away from the rear driver or split the fault between drivers:
- The front driver brakes for no clear reason, which can cause a sudden crash.
- Broken brake lights can leave the rear driver with no signal that the car is stopping.
- The front driver cuts into a lane too quickly, creating an unsafe lane change.
- The front driver backs into the vehicle behind them without warning.
- Multi-car pileups can involve several drivers who may share fault.
Wisconsin follows a comparative negligence rule. If you are partly at fault, you can still recover damages, but your award may be reduced. If you are more than 50% responsible for the accident, you may not recover damages.
Click to contact our personal injury lawyers today
Why is Proving Fault in Rear-End Crashes Sometimes Hard?
Small details in these cases can change how fault is assigned. For example, if the front driver stopped their vehicle suddenly for no clear reason, the insurance company may question who caused the crash.
To determine this, they may review statements from both drivers, police reports, photo and video footage, vehicle damage, and witness accounts. The insurer’s goal is to limit what they pay.
Evidence that can help prove your side of the story and enhance your case for damages includes medical records and traffic or dash cam footage. Keeping records of your symptoms, missed work, and daily struggles can also show how the crash affected your life.
Complete a Free Case Evaluation form now
When Should You Speak to a Lawyer About the Crash?
Rear-end crashes can leave people with damages that they have a right to seek compensation for. These include medical expenses, lost income, property damage, and pain and suffering.
If the insurance company disputes fault or your claim has been delayed or denied, you may want to talk to an attorney who handles these cases. You can seek legal advice if you have serious injuries or if the insurance company is blaming you for the crash.
Our Milwaukee personal injury lawyer will review your case, explain your options, and deal with the insurance company on your behalf.
How Long Do You Have to Sue for Damages in Wisconsin?
Wisconsin Statutes § 893.54 generally allows three years from the crash date to sue for injuries. We must act promptly to file your lawsuit by the deadline. If you miss it, the court may bar you from moving forward with your case.
Property damage lawsuits may follow a different timeline under Wisconsin Statutes § 893.52. We will review your situation and advise you on how much time is left to pursue damages.
Hurt in a Rear-End Car Crash in Wisconsin? We Can Help
Rear-end accident cases can become complicated when it’s not clear who’s at fault or when the insurance company pushes back against the claim. If you are unsure how to move forward, call Gruber Law Offices today.
We can take on your case, gather evidence, review reports and other records, handle the back-and-forth with the insurer, build a strong claim, and seek full damages. If we cannot settle with the insurance company, we are not afraid to take your case to trial.
Our team of over 130 legal professionals, headquartered in Milwaukee, has the knowledge and resources to help you. We have served Wisconsin for more than 40 years and take cases on contingency. You pay us no money up front, and we don’t get paid until we win. Start with a free consultation; make “One Call…That’s All!” today and review your legal options.
Call or text (414) 276-6666 or complete a Free Case Evaluation form
