Experienced Vehicle Crash Madison Lawyers
Most car accidents are due to driver error, and the biggest errors typically occur due to distracted driving. Any car accident has the potential to turn someone’s life upside down. When a negligent driver causes physical injuries, personal injury law gives you the chance to recover compensation.
Gingras, Thomsen & Wachs, LLP provides comprehensive legal services for victims of distracted driving accidents and other motor vehicle accidents in Madison. We have over 35 years of experience helping accident victims return to their normal lives and have recovered over $200 million on their behalf.
Our passionate, award-winning attorneys believe in doing their best to help Madison car accident victims in need and right the wrongs that have been done to them. With a proven track record of success and a devotion to providing our clients with the best legal representation, you can count on us for your car accident case. Contact our Madison car accident lawyers today for a free case review to discuss your car accident claim.
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Common Causes Of a Distracted Driving Car Accident
Distracted driving car accidents can be caused by many different distractions. It is ultimately every driver’s responsibility to behave in a reasonable and prudent way while behind the wheel. Some of these actions may fall into one category of distracted driving while others may be a combination of visual, manual, and cognitive.
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Car Accident Laws in Madison, WI
When you are involved in a motor vehicle accident in Madison, there are certain laws that you must adhere to to pursue a claim and recover damages. Some of the most important car accident laws in the state include:
The Statute of Limitations
The statute of limitations is the legal timeframe for filing a personal injury lawsuit. Car accident victims have only three years from the date of the accident to pursue a personal injury lawsuit.
If the car crash resulted only in property damage, then the statute of limitations is six years. However, if a family member wishes to pursue a wrongful death lawsuit in Madison, the statute of limitation is two years from the date of death.
Wisconsin’s Modified Comparative Negligence System
When you are dealing with an auto accident, you can pursue a claim against the at-fault party if the accident resulted in death, injuries, or extensive property damage. However, victims should be aware that Wisconsin follows the modified comparative negligence system.
In this system, if you are more than 50% responsible for the car crash, you might be barred from recovering compensation. Although cases involving reckless, distracted, aggressive, or drunk driving are much easier to prove negligence, victims may face liability challenges in other scenarios.
In these situations, an insurance adjuster may assign a certain percentage of fault to you, which will be deducted from your compensation amount. For example, if you are 20% responsible for an auto accident, and your compensation is $100,000, then you will only receive $80,000. However, an experienced car accident lawyer can help you reduce your liability.
Insurance Requirements
Under Wisconsin law, all drivers must carry a minimum amount of liability insurance coverage for automobile accidents, such as:
- $10,000 for property damage
- $25,000 for bodily injury or death to one person
- $50,000 for bodily injury or death to more than one person
If you operate a motor vehicle without insurance, you can be fined.
Uninsured/Underinsured Motorist Coverage
An insurance company can offer uninsured and underinsured motorist coverage to policyholders.Wisconsin law requires uninsured motorist coverage with a minimum limit of $25,000 and $50,000 per accident. Underinsured motorist coverage is not mandatory. However, it can provide vital protection during a car accident with a driver with insufficient coverage.
Reporting Accidents
Car accidents must be reported to law enforcement authorities if the incident resulted in injuries, death, or property damage exceeding $1,000. You should immediately report the car accident to the local police department, regardless of the circumstances. It can be difficult for you to know the value of the damage at that moment.
A Car Accident Lawyer Can Help You After a Motor Vehicle Accident Caused by Distracted Driving in Madison
Take Over Insurance Claims
Insurance adjusters are trained to seem sympathetic in their approach following car crashes. What you may not realize is that every insurance company is in the business of protecting its profits. This means that they will ask leading questions in an attempt to place some or all of the fault on you.
Our car accident attorneys are well aware of the tactics used in personal injury cases. Let our legal team step in for you and relieve you of the stress and burden of fighting for your settlement.
Investigate Your Accident
Evidence can help determine how your accident occurred. If you woke up in the hospital or had injuries so severe that you needed life-saving surgery, you may not have been able to take photos or videos after the accident happened.
Since the plaintiff in a personal injury lawsuit must present evidence to prove that the other party was negligent and liable for their injuries and damages, it helps to have an attorney take over the investigation. Our lawyers will get a copy of the police report, track down surveillance footage from traffic cameras and nearby businesses, and speak to witnesses who saw the accident happen.
We have the resources to retain expert witnesses, such as medical experts who can testify about your medical records. Accident reconstructionists can show how the accident happened while other experts can discover if the other driver was using their cell phone at the time of the crash.
Negotiate for a Fair Car Accident Settlement
Victims that try to handle claims on their own often do not realize the full amount of compensation they may be entitled to. Many victims in these scenarios will jump at the chance to take the first check they are offered. Once you sign a release, you cannot go back and seek more money for your damages at a later date. The settlement is final.
It is only after they accept the first offer that some people might realize that it doesn’t cover the full amount of their lost wages from being unable to work, the expenses they paid for medical treatments, or all of their other losses. You may need ongoing medical care due to your injuries, and your attorney will factor in all elements of your damages to ensure that the compensation you receive is fair.
Gingras, Thomsen & Wachs, LLP will be here for you and your loved ones in the aftermath of a collision. If distracted driving is found to be a factor in your crash, we will seek the maximum compensation and hold the at-fault driver accountable for their negligent behavior.
Over the decades, we have recovered hundreds of millions of dollars for our clients. We have a passion for helping those who have suffered at the hands of careless, selfish drivers who do not take the rules of the road seriously. Contact our law offices today to set up a free case review and learn more about how to take legal action against distracted drivers.
Understanding Distracted Driving
Distracted driving can take many forms, but it is primarily defined as anything that takes your attention and focus away from the task of driving. There are three categories of driving distractions:
Visual Distractions
When a car crash happens due to visual distraction, it is because the driver takes their eyes off of the road. It only takes a couple of seconds of looking away to get into a distracted driving car accident.
Manual Distractions
Manual distractions are actions that cause a driver to take one or both hands off the steering wheel.
Cognitive Distractions
Cognitive distractions cause car accidents by taking the driver’s mind or focus away from paying attention to driving.
Common Car Accident Injuries Caused by Distracted Driving
Unfortunately, an auto accident that involves a distracted driver may be as devastating as one that was caused by drunk driving. It only takes a few seconds for a car wreck to occur. According to the National Highway Traffic Safety Administration (NHTSA), if someone is driving 55 mph and takes 5 seconds to send a text message, they could travel the entire distance of a football field.
You could suffer serious injuries, including:
- Head injuries
- Partial or complete paralysis
- Broken bones
- Spinal cord injuries
- Internal bleeding
- Soft tissue injuries
If you have suffered injuries, especially severe injuries, in a motor vehicle accident caused by a distracted driver, you should not file a personal injury claim on your own. Contact an experienced personal injury lawyer from Gingras, Thomsen & Wachs, LLP to discuss your car accident case.
Types of Compensation Available in a Distracted Driving Car Accident Claim
With the help of a car accident lawyer, personal injury claims for a car crash involving distracted driving will go more smoothly. In these types of automobile accidents, car accident compensation will cover the damages you have suffered during this event.
In Madison car accidents, the at-fault driver will be responsible for your medical expenses, lost wages, property damage, and other financial losses. This can include medical bills for physical therapy as well as non-economic damages such as emotional trauma or pain and suffering.
Many factors can affect how much compensation you will be awarded, particularly for medical expenses. The type and severity of your injuries will impact the settlement amount in car accident injury claims. For these reasons, it is vital that you discuss your case with an experienced car accident lawyer who can calculate the full extent of your damages and fight for maximum compensation.
FAQs About Car Accident Claims in Madison
What is the average settlement amount for a car crash injury in Madison?
A settlement in a Madison car accident case may vary depending on the severity of your injuries, the percentage of fault attributed to the negligent driver, the potential amount of income lost, the extent of pain and suffering, and the skills and experience of your car crash lawyer.
Should I hire an attorney if an uninsured driver caused my car accident and injury in Madison?
If you were injured due to the negligence of an uninsured driver in Madison, WI, you may be able to pursue a claim for damages through your uninsured motorist (UM) coverage.
What are the chances my Madison car accident case goes to trial or settles out of court?
In Madison, WI, most car accident claims are settled out of court. Only a small percentage of cases eventually go to trial. However, at Gingras, Thomsen & Wachs, our car accident lawyers in Madison prepare every case as if it will go before a jury. Our diligent case preparation and aggressive position gives us an edge during settlement negotiations to achieve the highest possible financial compensation for our clients.
Injured in a Car Accident? Choose the Trusted Auto Accident Lawyers in Madison, WI to Maximize Your Compensation
A personal injury attorney can assess which damages you can pursue following a motor vehicle accident and help with any challenges that may appear during your claim. Our law firm fights to get our clients the maximum compensation for their losses.
For example, we helped a woman who lost her husband and suffered brain injuries when struck by a drunk driver receive $5.25 million in compensation. In another case, our car accident attorneys helped three individual victims receive $1 million in compensation after a car accident with a drunk driver.
Our law firm has dealt with personal injury claims related to car accidents for decades, and we have received numerous honors and accolades. Some of our attorneys have received awards and placements in prestigious publications, such as Best Lawyers in America, Best Lawyers in Wisconsin, Best Lawyer of the Year, Wisconsin Super Lawyers and Rising Stars, and The American Trial Lawyers Association’s Top 100 Trial Lawyers.
Our auto accident attorneys are ready and have the necessary resources to take on any case, regardless of its complexity. Our car accident attorneys working on motor vehicle accident cases can work on a contingency fee basis, meaning you don’t have to pay unless we win your case.
Contact Gingras, Thomsen & Wachs, LLP, today for a free case review on your case. We can help you understand your legal options and build a solid strategy to help you recover compensation for your damages. Motor vehicle accidents extend beyond simple physical injuries, and with the proper car accident lawyer by your side, you can pursue just compensation for all your injuries and other losses.