Before a settlement, car accident fault or negligence must be determined. The insurance company and the attorney for the injured person must come to an understanding of what a jury would likely do is asked to determine relative fault between the drivers in causing a car accident. Sometimes, it's is very easy and undisputed, such as with a rear end collision. The car who rear ends the vehicle in front of him is going to be 100% at fault unless faced with an emergency not of his own doing. On the other hand, many intersection or side impact accidents are not so easy to evaluate. Often each driver has a different version of the accident or there are inconsistent witness statements. In these cases, each attorney or claims adjuster uses their knowledge of the law and command of the facts to arrive at their best educated opinion on what a jury might do with the question. We say a jury, because in our justice system, if the parties cannot come to a compromise or settlement, then the ultimate decider is a jury in a court of law.
What causes car accident whiplash? When the head and neck are suddenly and forcefully whipped forward and back, mechanical forces place excessive stress on the cervical spine. Traumatic disc rupture and soft tissue damage can occur. Damage to the disc can put pressure on the nerves as they exit the spine. The pressure or irritation can be felt as numbness on the skin, weakness in the muscles, or pain along the path of the nerve. This is radiculopathy, also called a pinched nerve.
No one wants to be involved in a car accident. But if or when they happen, here is what the Wisconsin Department of Transportation Motorist's Handbook recommends when one is involved in a car accident.
In Wisconsin a car accident in a construction zone involving a construction worker, the responsibility is on the automobile driver in most cases.
A car accident reconstruction is usually performed by an expert with experience in motor vehicle accident or collision reconstruction. These experts are often engineers who have advanced training in car crash investigation such as from the Northwestern University Center for Public Safety offers the most comprehensive program with courses beginning at basic crash investigation and culminating in various advanced crash reconstruction courses. Most are involve passenger vehicles or commercial trucks, but accidents involving ATVs, farm, or even industrial equipment, can be explained.
Car accident burden of proof refers to two legal notions: the burden of production, of going forward with evidence, and the burden of persuading the jury or judge that the alleged fact is true. Unless noted otherwise, we are discussing the burden of persuasion.
In Wisconsin a car accident left turn right of way is determined by two considerations. The question, who is fault is an accident when a car makes a left turn in front of me? Do I have the right of way going straight through an intersection on a green light and some guy turns left in front of me? First, the law the Wisconsin statutes define "right of way" as the privilege of the immediate use of the roadway and, further provide, that the driver of a vehicle within an intersection intending to turn to the left across the path of any vehicle approaching from the opposite direction shall yield the right of way to that vehicle.
Whose fault is a car accident on icy road in Wisconsin is a question many drivers have after a collision. Ice or icy conditions can be a factor contributing to an automobile accident, but it does exonerate a negligent driver from responsibility for paying money damages to an injured innocent party. Take the situation where a client says: there was a guy behind me, he could not stop because of ice and rearended me. Is he responsible?
What is my car accident worth? In Wisconsin, to successfully recover money damages from another driver who caused a car accident or collision, the injured person must prove four things: duty, negligence or breach of the duty, causation and damages. This post will discuss damages.
In a car accident what is the legal cause. In Wisconsin, to successfully recover money damages from another driver who caused a car accident or collision, the injured person must prove four things: duty, negligence or breach of the duty, causation and damages. This post will discuss causation.