In the busy streets of Wisconsin, as a driver, one may need to take evasive actions in various circumstances to avoid a crash. Evasive driving is a reasonable response to a potential life-threatening risk, allowing you to avoid causing any harm to others as well as the duty of care. But what if evasive driving leads to a crash? Who is to be held liable? In this blog, we at MacGillis Wiemer, LLC, stress the importance of seeking legal help in any unfortunate situation involving evasive driving. Our experienced team is here to provide the guidance and representation you need to navigate the legal complexities and ensure you receive fair compensation for your damages.
What is Evasive Driving? And When You Need to Take Evasive Action?
With the unpredictable nature of the road, you can never know when a driver’s negligence could force you to make split-second decisions to avoid a crash. Evasive driving skills and quick judgments are crucial to prevent crashes and risks. As a driver, you are legally bound to avoid dangers or cause any harm to other drivers or pedestrians. However, even with the best intentions, it’s not always possible to prevent collisions. Sometimes, even the most well-intended actions can lead to unexpected crashes. In these circumstances, even the driver who caused the collision or the insurance company may try to shift the blame on you. This is when our Milwaukee car accident attorney can help you. We ensure you are not unfairly considered with liability. Our team ensures a thorough investigation of your crash scene and collects evidence on your behalf.
Understanding Negligence Under Wisconsin Law
The main determining factor regarding evasive driving is the concept of negligence under Wisconsin law. Negligence occurs when a person is not cautious enough to cause harm to another individual. So when investigating evasive driving action leading to a crash, the driver’s maneuvers before evasive driving and the impact of the maneuvers.
Drivers Action Before Evasive Driving:
In the city of Milwaukee, the legal investigation assesses the driver’s action that resulted in evasive driving and the crash to note whether the driver was:
- Complying with state and federal traffic rules and regulations.
- Driving within the speed limit or not
- Following the traffic laws and signals
- Maintain a safe distance from other vehicles
- Driving according to the prevailing road conditions
In case the investigation officers found that the driver’s action caused evasive driving, they could be held liable for the crash.
Impact of Evasive Action Taken
The other aspect that is considered is the impact of the evasive action taken. The Wisconsin law considers whether the driver’s response to the whole circumstance was reasonable. Other factors that are taken into consideration are the speed, visibility, road conditions, and direction of other vehicles. If the evasive driving action was done poorly and further made the situation worse, causing the crash, the driver can be held accountable.
Role of Wisconsin’s Comparative Fault System Comes in Evasive Driving Action
The Wisconsin court follows the Modified Comparative System determining the liability of a crash from evasive driving action. Under this system, according to Wisconsin Statutes Section 895.045, the extent of each party’s contribution to the collision is considered. So, if you are held partially at fault for the crash, you will be assigned a percentage for the damage caused by you. The positive aspect of this law is that it may not prevent you from recovering compensation for your damages. Although Wisconsin’s Comparative Fault System, you cannot be more than 50% fault for the crash. But if you are 50% or more at fault, you cannot claim damages. To know more about your rights and options, get in touch with our Milwaukee car accident lawyer.
MacGillis Wiemer, LLC: Your Trusted Aide for Legal Help
If you find yourself in this type of unfortunate situation where evasive driving has led to a crash in Milwaukee, remember that you have rights and legal protection. In this situation, insurance companies may try to shift the blame on drivers; with our knowledgeable team and a strong grasp of liability in an evasive crash, we can help you understand and protect your rights. Let us protect you. Contact us for a free case review today.