– from Angela G. in South Milwaukee, WI
I was recently in an accident on the freeway when I was merging into a lane the same time another driver was merging into the lane. From my perspective we where equally at fault since we where both merging from the outer lane of a three lane highway into the middle lane. The other party is claiming the incident was all my fault, what does the police report need to say to determine fault? What do the insurance companies look at when determining fault?
Personal Injury Lawyer Response:
Identifying who was given a traffic citation will be key to this case. You should obtain counsel from a personal injury lawyer and have them contact your insurance provider. Both will fight for you and help determine whether you were at fault or not. Insurance companies are going to look out for their pocket books, so likely they will try to prove you were at fault to cover their losses.
If there was a citation written for the car accident it is critical to insure the citation is not dismissed. If the other driver pleads guilty it will be very hard for the insurance company to find you at fault.
In Wisconsin our courts use comparative negligence to determine the percentage of fault. Based on the percentage of negligence as determined by the court the claim will be reduced by that percentage. “
Jeff Hughes, J.D.