Wisconsin Motor Vehicle Accident Lawyers

Whether you’re driving the Wisconsin portion of the Great River Road, the Door County Coastal Byway, or simply traveling back and forth to work each day in your hometown, there is no shortage of beautiful scenery across the state. Unfortunately, winter driving is a part of life in Wisconsin, as is dealing with the driving habits of other roadway users. Most of the more than 136,000 motor vehicle accidents occurring yearly in Wisconsin result from negligence.

If you have been injured in an accident anywhere in the state, contact the experienced Wisconsin motor vehicle accident attorneys from Nicolet Law Accident & Injury Lawyers. We can answer your questions, evaluate your case for free, and tell you about the services our legal team can provide to assist you with your claim.

What Causes Motor Vehicle Accidents in Wisconsin?

One might think that winter driving conditions would be a common cause of accidents in Wisconsin. While many accidents occur during winter and icy road conditions certainly don’t improve your chances of getting into an accident, the underlying cause of nearly all motor vehicle accidents is human error.

This error could involve failing to properly maintain the vehicle, ensuring that the tires have plenty of tread and that the brakes and other vehicle parts are in good working order. The error could involve getting behind the wheel when not prepared to focus on driving, such as when the driver is extremely angry, tired, or impaired by alcohol or drugs. Here is a look at some reasons why motor vehicle accidents occur in Wisconsin.

Distracted Driving

According to Wisconsin statute, “No person while driving a motor vehicle may be engaged or occupied with an activity, other than driving the vehicle, that interferes or reasonably appears to interfere with the person’s ability to drive the vehicle safely.”

There are three categories of driver distractions: those that cause the driver to take their hands from the steering wheel, known as manual distractions; those that cause the driver to look away from the roadway, known as visual distractions; and those that cause the driver to think about things other than driving safely, known as cognitive distractions.

Texting and other types of cell phone use are especially concerning as they simultaneously present all three types of driver distractions. The state’s laws prevent drivers from texting or emailing at any time unless the message is being used to report an emergency or is sent by an emergency vehicle operator.

In addition to texting and other cell phone use, common types of driver distractions that can result in accidents in Wisconsin include:

• Eating, drinking, or smoking
• Adjusting stereo controls
• Visiting with passengers
• Tending to children or pets in the back seat
• Looking at objects outside of the vehicle, such as other people or cars, scenes from previous accidents, or even just the Wisconsin scenery. 

The Wisconsin Department of Transportation reports that distracted drivers cause more than 10,000 crashes in a year.

Alcohol Impairment

According to the Wisconsin Department of Transportation, alcohol-impaired driving results in around 21,000 convictions a year, along with 140 deaths and nearly 3,000 injuries.

Alcohol impairment creates deficits in many of the skills that a driver needs to operate their vehicle safely on public roadways, including:

• Difficulty tracking moving targets
• Loss of coordination, concentration, and short-term memory
• The inability to maintain a single lane of travel
• Difficulty steering the vehicle and controlling speed
• A reduced response to emergency driving situations
• Loss of the ability to make sound decisions when driving

Most adult drivers in Wisconsin are subject to a legal impairment limit when driving of .08 grams of alcohol per deciliter of blood. The measurement of alcohol in the blood is the blood alcohol content (BAC). Unfortunately, many drivers do not realize that the effects of alcohol on safe driving do not begin when the driver has reached the legal impairment limit. They begin with the first drink and become progressively worse as the individual consumes more alcohol in a short period.

Many drugs, including marijuana, cocaine, opioids, and even over-the-counter antihistamines and cold medicines can produce intoxicating effects and lead to criminal charges and accidents, causing injuries or death.

Speeding

“Speeding is prevalent in Wisconsin,” the state’s transportation department director reported. The practice not only nets hundreds of thousands of dollars in traffic fines yearly but also results in violent accidents. These accidents cause debilitating injuries or even death when excess speed increases the collision force between two or more vehicles or vehicles and an object, pedestrian, or bicyclist.

In addition to increasing the force of the collision, speeding presents other hazards, such as:

• An increased risk that the driver will lose control of the vehicle.
• A reduction in the time the driver has to notice hazards on the roadway and react to them by braking.
• An increase in the distance the vehicle will travel after the car brakes due to the added work the brakes must do to pull the weight of the speeding vehicle to a complete stop.

Fatigued Driving

Driver fatigue refers to mental or physical exhaustion that impacts the skills a driver needs for safe driving. Fatigued driving is commonly the result of a lack of sleep and is typically associated with long-haul truck drivers or night or swing shift workers. However, any driver can experience driver fatigue, and there are other causes, including sleep apnea and other health conditions that impact the quality of sleep an individual gets.

The signs of a fatigued driver often mimic the signs of alcohol impairment, including the inability to control speed, maintain lane position, or respond appropriately to emergency driving situations.

Failure to Yield the Right-of-Way

All users of Wisconsin’s public roadways are required to yield the right-of-way to other vehicles, bicycles, and pedestrians at certain times, such as at crosswalks, red lights, or stop signs. If a driver fails to yield the right-of-way when legally required to, they face the consequences, including fines and fees, required right-of-way courses, or even suspension of their license. They also face a claim on their insurance to compensate others for the accident expenses and impacts incurred due to injury or a loved one’s death.

Wrong-Way Driving

Wrong-way driving is one of the leading causes of a particularly deadly type of motor vehicle accident: a head-on collision. Many careless driving behaviors can result in a driver entering a one-way road or interstate ramp going the wrong direction, including alcohol impairment, driver fatigue, driver inexperience, and unfamiliarity with the roadway.

Aggressive Driving

Aggressive driving refers to several traffic infractions committed, often for the sake of an individual escaping areas of congestion on the roadway or to “punish” other drivers for perceived slights.

Aggressive driving behaviors include:

• Following too closely—also known as tailgating.
• Brake-checking—when a driver deliberately slams on their brakes to cause a driver following too closely to either rear-end them or back away.
• Speeding.
• Weaving in and out of traffic, often without the use of the blinker.
• Running red lights or stop signs.
• Attempting to prevent another driver from turning or passing.

Types of Motor Vehicle Accidents that Occur in Wisconsin

The average weight of a mid-size passenger car or SUV is a little over 4,100 pounds, while a full-size pickup or larger SUV can weigh up to 6,000 pounds. A commercial truck, when fully loaded, can weigh up to 80,000 pounds. A motorcycle typically weighs around 700 pounds, depending on the bike size and type. A bicycle weighs anywhere from 17-80 pounds.

All of these different-sized vehicles are moving along the roadways throughout the state that often also feature pedestrians. With so many vehicles moving in every direction and the operators facing various scenarios in their cars and their busy lives, it is little wonder there are so many different types of car accidents. Here is a look at some of the most common motor vehicle accidents.

Head-On Collisions

Head-on collisions involve the front of one vehicle colliding with the front of another vehicle. While these accidents are relatively rare compared to other accident types, they are particularly deadly due to the increased force of the collision caused by the forward motion of both vehicles. Head-on collisions are often the result of wrong-way driving or a previous accident in which the force of a collision pushed one of the vehicles into opposing traffic.

Rear-End Collisions

Rear-end collisions are the most common type of accident across the nation, and they happen when the front of one vehicle collides with the rear of another. While the odds of surviving this type of crash tend to be better than other accident types, it is important to note that around 1,700 people are killed yearly in the U.S. in rear-end accidents. These crashes most commonly occur when a driver follows too closely.

Broadside (T-Bone) Accidents

Broadside (T-bone) accidents occur when the front of one vehicle strikes the side of another. These accidents generally occur at an intersection due to a driver’s failure to yield the right-of-way. They are particularly dangerous to the occupants sitting on the side of the vehicle that was struck.

Sideswipes

Sideswipes occur when the side of one vehicle contacts the side of another vehicle. They are generally the result of improper passing or a driver’s failure to maintain in a single lane of travel.

Single-Vehicle Accidents

Single vehicle accidents refer to accidents that only involve one motor vehicle that runs off the road or collides with an object on the roadway. It is important to understand that accidents involving bicycles or pedestrians struck by cars can be referred to as single-vehicle accidents.

The Wisconsin Motor Vehicle Accident Claims Process

If you are injured in a motor vehicle accident, you can seek compensation for the expenses and impacts of your injury through the Wisconsin personal injury claims process. This process generally involves seeking compensation from the at-fault party’s insurance provider. If the provider fails to pay the claim outright or enter a fair settlement agreement, you can file a claim in court as a personal injury lawsuit.

In Wisconsin, claimants generally have up to three years from their accident date to file their claim in court. This period is known as the statute of limitations, and this deadline mustn’t expire before you file your claim, as it will usually result in the loss of your right to use the court process to seek compensation. Without the court process, it is generally impossible to obtain a settlement because there is no legal consequence if the insurer refuses.

An experienced Wisconsin motor vehicle accident attorney from Nicolet Law Accident & Injury Lawyers can provide many services to assist you with your claim, including:

• Determining liability and available insurance resources
• Getting your medical bills paid 
• Valuing the claim
• Communicating with the at-fault party’s insurance provider about the claim to negotiate a settlement
• Gathering evidence and witness testimony to prove your claim
• Filing your claim in court before the statute of limitations has expired
• Presenting your case to a judge or jury at trial
• Collecting the compensation awarded by the court or received through a negotiated settlement

Injured in a Wisconsin Motor Vehicle Accident? Nicolet Law Accident & Injury Lawyers Can Help You

If you’re injured in an accident, let a Wisconsin motor vehicle accident attorney from Nicolet Law Accident & Injury Lawyers help you understand the process of seeking compensation for your injury. For your free case evaluation, contact us online or by calling (715) 226-6149.

Client Testimonial

"Professional, excellent communication, taking time to make sure you understand the details and your options... these are just a few of the ways I would describe Nicolet Law Office. We worked specifically with Adam Nicolet on a complex accident and he did far more than a superb job. I would have no issue recommending Adam or this law firm and, well actually, I already have twice." -Scot V. ⭐⭐⭐⭐⭐

Read more of our Google reviews!

Wisconsin Office