Wisconsin Car Accident Laws

If you've been in a car accident in Wisconsin, here are a few key state laws to know about:

• You'll need to report any car accident you're involved in (to local or state law enforcement) in Wisconsin if the crash caused injury, death, or $1,000 or more in property damage.
• Wisconsin has a three-year deadline for filing most car accident lawsuits in the state's civil courts.
• If you share fault for a car accident, Wisconsin's "modified comparative fault" rule will let you get compensation from others only if their share of fault is larger than yours.

Let's look at the details of these laws, plus a few more rules that could come into play after a car accident in Wisconsin.

The Wisconsin Statute of Limitations for Car Accident Lawsuits

A "statute of limitations" is a state law that sets a strict time limit on your right to bring a lawsuit to court. Miss the deadline, and you'll lose the right to get compensation for your car accident injuries and other losses.

In Wisconsin, there are a few different statutes of limitations that could come into play after a vehicle accident.

First, for lawsuits over car accident injuries: If anyone was injured in the accident and they want to file a lawsuit against the person who caused the crash, Wisconsin Statutes section 893.54 dictates that the case be filed in the state's civil court system within three years of the accident date.

Next, for lawsuits over damage to a vehicle or other property in connection with a car accident: Wisconsin Statutes section 893.52 also sets a three-year deadline for the filing of this kind of case.

Finally, if the car accident caused someone's death, Wisconsin Statutes section 893.54 sets a two-year time limit on filing a wrongful death claim. And the "clock" starts running on the day of the accident victim's death, which could be later than the date of the accident itself.

How Does Wisconsin's "Comparative Negligence" Rule Work in Car Accident Cases?

Suppose you're seriously injured in a Wisconsin car accident, and you take your case to court. The jury, after hearing all the evidence, decides that the other driver was responsible for the accident—but that you too bear part of the blame. What happens next? How does this verdict affect your right to compensation?

Under Wisconsin Statutes section 895.045, the state follows a modified "comparative negligence" rule. This means you can still recover damages in a car-accident-related lawsuit, but your award will be reduced according to your share of negligence—as long as your share of liability "was not greater than the negligence of the person against whom recovery is sought." You can't be more than 50 percent at fault, in other words. If you are, you can't receive any compensation in court.

For instance, suppose that the jury determines that your injuries, pain and suffering, and other losses total $10,000. However, the jury also thinks that you were ten percent responsible for the crash. In that situation, the total amount of your damages, $10,000, is reduced by ten percent, or $1,000, leaving you with a total award of $9,000.

The comparative negligence rule binds Wisconsin judges and juries (if your car accident case winds its way to trial), and it will also guide a car insurance claims adjuster when he or she is evaluating your case. Also keep in mind that since there is no empirical means of allocating fault, any assignment of liability will ultimately come down to your ability to negotiate with a claims adjuster or to persuade a judge or jury.

Do I Need to Report a Car Accident in Wisconsin?

Reporting obligations related to Wisconsin car accidents are covered in Wisconsin Statutes section 346.70, which basically says that a driver or passenger involved in a car accident must report the crash to local or state law enforcement if it caused:

• injury
• death
• $200 or more in damage to government-owned property, or
• $1,000 in damage to anyone's property.

The statute sets a relatively low threshold for reporting, meaning that you have a duty to contact the authorities in all but the most minor of fender benders. It's also important to note that the drivers and passengers could be saddled with a duty to report the accident under the law.

Do I Need Car Insurance in Wisconsin?

In almost every Wisconsin car accident scenario, insurance coverage is sure to play a key role, so it's important to understand the state's liability auto insurance requirements and other coverage rules that could affect your car accident claim. Get the details on Wisconsin's car insurance rules.

What Is a "Salvage" Vehicle in Wisconsin?

A "salvage brand" will usually be put on the title of any Wisconsin vehicle that's less than seven years old and is damaged to the extent that the cost to fix it would add up to more than 70 percent of its "actual cash value."

Can I Drive a "Salvage" Vehicle in Wisconsin?

No, it's illegal to drive a vehicle that's under a "salvage brand" in Wisconsin, except for trips to and from an inspection site as part of the procedure for getting the title brand changed to "rebuilt salvage."