What Does Comparative Negligence Mean? Explaining The Basics

Summertime in Wisconsin is perfect for enjoying time on the water. Whether you are setting sail on a family-friendly pontoon, fishing boat, or old canoe, a day on the lake just can’t be beaten.

However, there are safety risks involved with boating. Speeding, negligence, drinking, and inexperience are all common causes of boating accidents in Wisconsin. In this post, we want to share a few tips to help you stay safe on the water this summer.

How to Stay Safe While Boating in Wisconsin

Wearing a life jacket - According to the U.S. Coast Guard, 80% of boating accident deaths could be avoided by wearing life jackets. When a boating accident occurs, you have limited time to stretch and get your stowed life jackets. Therefore, it is advisable to ensure that you and everyone on board has a life jacket while boating.
Avoid drinking alcohol - Alcohol consumption while boating is illegal and endangers the lives of everyone on board. Remember that intoxicated swimmers and passengers are also more likely to drown.
Be weather-wise - Whether you are operating a boat during the summer, spring or fall season, always consider carrying a radio and watching out for the weather. Sometimes, wind shifts and choppy water can be telltale signs of a brewing storm. Get to shore as soon as you realize the weather is about to change.
Don’t overload the boat - It’s essential to follow your boat’s load limit restrictions. Overloading your boat can make it unstable and surge the risk of swamping or capsizing.
Ensure all operators are trained - Human error is a leading cause of boating accidents. Therefore, it is essential to ensure that all operators can effectively navigate and operate the boat. You can do this by ensuring boating operators take a boating safety course that includes reading the weather, boat handling, and navigation.
Maintain a safe speed - Like on the road, you can face penalties or fines for overspeeding on the water. Since there are no lanes on water and different water vessels zig-zag everywhere, it can be challenging for speeding boats to avoid collisions. Therefore, it is essential to ensure you excess caution and obey the speed limits.

What Should You Do After a Boating Accident?

After a boating accident, you should ensure that everyone on board is safe. If there are injuries, loss of life, property damage in excess of $2,000 or the total loss of a boat, you are required to report the incident to law enforcement without delay.

As with other accidents, it is essential to gather evidence immediately. You need to collect police reports, witness testimonies, videos, and photos of the scene. A Milwaukee boating accident attorney will help you gather the evidence you need to establish a strong case against the party at fault.

Contact a Milwaukee Boating Accident Attorney

At Natasha Misra Law, we are ready to help you get the compensation you need to move forward after a boat accident. Contact us today to schedule a consultation and learn more about how we can assist in strengthening your case.

Like many other states, Wisconsin uses a “comparative negligence” law to determine fault during car accidents. But what does this mean?

In this blog, we will discuss what you need to know about comparative negligence, and how it may affect your car accident claim.

Comparative Negligence Means You Can Recover Damages, Even if You’re Partially At Fault

First, let’s define comparative negligence. Basically, this is a system of assigning fault in car accidents that determines how much a victim can recover in compensation based on their contribution to the accident.

In other words, both parties involved in an accident can be assigned a portion of the blame. For example, one party may be found to be 30% at fault in the accident, with the other driver being assigned 70% of the fault.

This means two things. First, you can still recover damages if you’re partially at fault for an accident. Even if you contributed to the accident, you may be able to file a personal injury suit and get compensation, as long as you were less than 50% negligent (more about that in the next section).

This is in contrast to states that use a “pure contributory negligence” law, where drivers are unable to recover any damages, even if they were only 1% responsible for the accident.

Second, your damages are limited by the amount of fault assigned to you for the accident. So if you are assigned 30% of the fault and the other driver is assigned 70% of the fault, you can only recover 70% of your damages.

In this situation, if your total damages for medical bills, property damage, renting a car, and other such costs were $20,000, you could only sue the other driver for $14,000 – not the full $20,000 in costs you incurred.

Understanding The 51 Percent Bar Rule In Wisconsin

So, comparative negligence means that you can recover some damages after a car accident even if you share fault with the other driver. But what if you’re responsible for the majority of the fault?

Well, Wisconsin follows what’s called the “51 Percent Bar Rule.” This means that you’re “barred” from recovering damages if you are found to be responsible for the majority (51% or more) of fault.

In other words, if you are found to be 50% at fault, you can still recover damages after a car accident in Milwaukee. But if you exceed 50% fault, you will not be able to work with a Milwaukee personal injury attorney to file a lawsuit and recover damages.

Injured In A Car Accident? Get The Help You Need In Milwaukee!

Working with an experienced Milwaukee personal injury attorney can help you get a fair and just outcome when you’ve been in a car accident.

Natasha Misra Law can help you protect your rights and recover the compensation you deserve for your injuries, medical bills, lost wages, and more. Contact us online or give us a call to schedule a free consultation.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.