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.
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 the personal injury claim time limit is three years for most negligence based personal injuries, including those caused the negligent driving of a motor vehicle. However, an action brought to recover damages for death caused by the wrongful act, neglect, or default of another and arising from an accident involving a motor vehicle shall be commenced within 2 years after the cause of action accrues or be barred. See Wis. Stats. Sec. 893.54.
Unlike some states, in Wisconsin the pedestrian does not always have the right of way. The pedestrian right of way laws in Wisconsin are very specific depending on the circumstances. For civil liability purposes, responsibility for causing an accident is determined under rules of comparative negligence, of which the jury instructions are a part of the equation. The following rules address situations where the pedestrian is not in a crosswalk.
In Wisconsin a car accident in a construction zone involving a construction worker, the responsibility is on the automobile driver in most cases.
Car accident cases use expert opinions witnesses in several respects. An accident reconstruction expert may render an expert opinion on how the accident happened and in effect what caused the crash. The attorneys use this expert opinion to argue who is at fault. A medical doctor expert may give an opinion of several issues: namely, what injuries were caused by the collision, what treatment was reasonable and necessary for those injuries, is there a permanent injury and what future medical is needed to treat those accident related injuries. Finally, a vocational and/or economist expert may testify as to past and future loss of earning capacity. There could also be other types of experts needed depending on the specific facts of each case.
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.
Car accident negligence means a driver broke the rules of the road. If that negligence caused injury, then the negligent driver and his insurance company have to pay damages to the injured person.
The symptoms from cervical radiculopathy are from pressure on an irritated nerve, which can result from a car accident or work injury. These symptoms are not the same as those that come from mechanical neck pain. Mechanical neck pain usually starts in the neck and may spread to include the upper back or shoulder.