A car crash can leave you with injuries, a damaged vehicle and missed work. In Wisconsin, the driver who caused the crash, and that driver’s liability insurer up to the limits of its policy, can be held responsible for your losses (Wis. Stat. 632.24).
Our Milwaukee office handles car accident claims for people hurt on city streets, highways and parking lots across the area. We work on a contingency fee, so you pay no attorney fee unless we recover money for you.
Wisconsin Car Accident Law: Deadlines and Fault
In Wisconsin, the driver who caused the crash, and that driver’s liability insurer up to the limits of its policy, can be held responsible for the injured person’s losses (Wis. Stat. 632.24). That is why the first questions in any claim are who caused the crash and what insurance covers them.
How Long You Have to File
A statute of limitations is the legal deadline to file a lawsuit. In Wisconsin, most personal injury lawsuits must be filed within 3 years (Wis. Stat. 893.54(1m)(a)). If a crash takes someone’s life, the family’s wrongful death claim must be filed within 2 years (Wis. Stat. 893.54(2m)).
When You Were Partly at Fault
Under Wisconsin’s comparative negligence rule, you can still recover if your share of fault is not greater than the share of the person you are claiming against, but your compensation is reduced by your percentage of fault (Wis. Stat. 895.045(1)). For example, if you were found 20 percent at fault, your compensation would be reduced by 20 percent.
Crashes Involving Government Vehicles
If a city, county or other local government vehicle or employee was involved, written notice of the claim generally must be served within 120 days (Wis. Stat. 893.80(1d)(a)). Recovery in most of those claims cannot exceed $50,000. For a claim based on the negligent operation of a vehicle owned and operated by a city, county or other municipality, recovery is capped at $250,000. Punitive damages are not allowed (Wis. Stat. 893.80(3) and 345.05(3)). If a city bus, police car or county vehicle was involved, that 120-day window is the deadline to watch.
Insurance Coverage After a Wisconsin Car Crash
Wisconsin requires a liability policy on vehicles driven on its highways (Wis. Stat. 344.62(1)). Wisconsin’s minimum liability limits are $25,000 for injury to one person, $50,000 for injuries to two or more people, and $10,000 for property damage in one accident (Wis. Stat. 344.01(2)(d)).
Uninsured Motorist Coverage
Wisconsin auto policies generally must include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident (Wis. Stat. 632.32(4)(a)1.). According to the Wisconsin Office of the Commissioner of Insurance, this coverage applies to bodily injury that you, your family and other occupants of your vehicle suffer when hit by an uninsured driver, but it does not cover your property damage.
Underinsured Motorist Coverage
Underinsured motorist coverage adds bodily injury protection for you and the people in your car when the at-fault driver’s liability limits are lower than your underinsured motorist limits, according to the Office of the Commissioner of Insurance. This coverage is optional in Wisconsin, but insurers must give written notice that it is available, and if you buy it, the limits must be at least $50,000 per person and $100,000 per accident (Wis. Stat. 632.32(4m)). Check your declarations page or send it to us.
Medical Payments Coverage
Wisconsin auto policies include medical payments coverage of at least $1,000 per person unless the named insured rejects it (Wis. Stat. 632.32(4)(a)2. and (4)(bc)). According to the Office of the Commissioner of Insurance, it pays medical or funeral expenses for you or others hurt while riding or driving in your car, even if you caused the crash.
Seat Belts and Your Claim
If not wearing a seat belt contributed to your injuries, Wisconsin law says that failure cannot reduce your recovery for those injuries by more than 15 percent (Wis. Stat. 347.48(2m)(g)). It does not change who caused the crash.
When a Bar Served the Driver
In Wisconsin, a bar or other provider generally cannot be held liable for serving alcohol to someone who then causes a crash (Wis. Stat. 125.035(2)). The narrow exceptions are forcing someone to drink, claiming a drink contained no alcohol, and serving someone under the legal drinking age when the provider knew or should have known the person was underage and the alcohol was a substantial factor in causing the injury (Wis. Stat. 125.035(3) and (4)(b)).
How Car Accidents Happen
Crashes can happen in many ways, including:
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Distracted driving includes talking or texting on a phone, eating and drinking, talking to people in the vehicle, and fiddling with the stereo, entertainment or navigation system, according to NHTSA. Wisconsin bars drivers, with limited exceptions, from composing or sending a text or email message while driving (Wis. Stat. 346.89(3)(a)).
Speeding and Aggressive Driving
According to NHTSA, speeding increases stopping distance and the severity of a crash, leading to more severe injuries. Wisconsin law bars following another vehicle more closely than is reasonable and prudent, and leaving a lane without first making sure the move can be made safely (Wis. Stat. 346.14(1) and 346.13(1)).
Drunk or Impaired Driving
Alcohol and other drugs impair judgment and reaction time, and some prescription and over-the-counter medications can slow reaction time, according to FMCSA. If the driver is ordered to pay restitution in a criminal case, that does not limit your right to sue for damages in a civil case (Wis. Stat. 973.20(8)).
Failure to Yield
A driver turning left at an intersection must yield to vehicles approaching from the opposite direction (Wis. Stat. 346.18(2)), and a driver facing a red signal must stop (Wis. Stat. 346.37(1)(c)1.).
Winter Conditions
Snow and ice do not excuse a driver who was going too fast or following too closely for the conditions. Drivers are expected to adjust to the weather.
Injuries and Compensation After a Car Crash
Some symptoms can take days to appear, which is why medical records from the start matter.
When we build a claim, we document what the crash has cost you, including:
- Emergency care, surgery, therapy and future treatment
- Wages lost while you recover
- Reduced earning ability if you cannot return to the same work
- Pain, emotional distress and the loss of activities you enjoyed
- Repair or replacement of your vehicle
Punitive damages, which punish rather than compensate, may be available when the defendant acted maliciously or in intentional disregard of your rights (Wis. Stat. 895.043(3)). They are generally limited to twice the compensatory damages or $200,000, whichever is greater, but that limit does not apply to a driver who was too intoxicated to drive safely (Wis. Stat. 895.043(6)).
When a crash is fatal, Wisconsin law sets limits for some wrongful death damages. Damages for loss of society and companionship are capped at $350,000 when the person who died was an adult and $500,000 when the person was a minor (Wis. Stat. 895.04(4)). The family’s representative may also recover reasonable medical and funeral expenses (Wis. Stat. 895.04(5)).
See our pages on brain injury claims and spinal cord injury claims for more on those cases.
What to Do After a Car Accident in Milwaukee
- Call 911 if anyone is hurt, and ask for police to come to the scene
- Get medical care right away, even if you feel okay
- Photograph the vehicles, the road, traffic signals, skid marks and your injuries
- Exchange names, phone numbers, plate numbers and insurance details with the other driver
- Get names and phone numbers from witnesses
- Write down what happened while it is fresh
- Notify your own insurer, but avoid recorded statements to the other driver’s insurer
- Keep every bill, receipt and pay stub related to the crash
- Call 844-SEE-MIKE before you sign anything or accept a settlement
How 844-SEE-MIKE Helps After a Milwaukee Car Accident
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
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Can I make a claim if I was a passenger?
Yes, in many cases. A passenger may have claims against the driver of another vehicle, the driver of the car they were riding in, or both, depending on who caused the crash. The Office of the Commissioner of Insurance explains that uninsured motorist coverage also applies to other occupants of the insured vehicle.
What if the driver who hit me drove away?
Uninsured motorist coverage applies to bodily injury caused by a hit-and-run driver, according to the Office of the Commissioner of Insurance. Report the crash to police right away and write down anything you remember about the vehicle.
Should I accept the insurance company’s first offer?
Be cautious. Talk with us before you accept any offer.
Why should I see a doctor if I feel fine after the crash?
Symptoms of a concussion may not appear for hours or days after the injury. See a doctor soon after the crash, even if you feel fine.
Do I need a lawyer for a smaller crash?
Not always. If no one was hurt and the insurer is paying for repairs, you may be able to handle it yourself. If you were injured, missed work or the insurer is disputing fault, a free consultation can help you understand what the claim may be worth.
Hurt in another kind of crash? Learn about truck accident claims or return to our Milwaukee personal injury overview.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
