Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney to discuss the specifics of your case.
Detailed Answer
When a driver runs a red light and causes a crash, Wisconsin law provides tools to establish their liability. You must prove four elements of negligence: duty, breach, causation and damages. In many cases, violating a traffic signal triggers negligence per se, shifting the burden to the at-fault driver to justify the violation.
1. Negligence Per Se via Traffic Signal Violation
Wisconsin Statute §346.37(1)(c) makes it unlawful to enter an intersection on a red signal. Viewing that violation as negligence per se means:
- The statute defines the standard of care.
- Proving the driver ran the red light satisfies breach of duty.
- The at-fault driver must then offer a legal excuse for the violation.
Link to statute: Wis. Stat. §346.37(1)(c).
2. Elements of a Negligence Claim
- Duty: Every driver must obey traffic signals.
- Breach: Running the red light violates that duty.
- Causation: The breach must directly cause the collision.
- Damages: You must have suffered compensable harm (medical bills, vehicle damage, pain and suffering).
3. Gathering Evidence
- Police report documenting signal violation and crash details.
- Traffic-camera or red-light-camera footage.
- Eyewitness statements describing the sequence of events.
- Photographs of the scene, skid marks and vehicle damage.
- Accident reconstruction or expert testimony, if needed.
4. Comparative Fault in Wisconsin
Wisconsin follows a pure comparative negligence rule. Under Wis. Stat. §895.045, you can recover damages even if you share fault. Your recovery is reduced by your percentage of fault.
Link to statute: Wis. Stat. §895.045.
Helpful Hints
- Call the police immediately and request a crash report.
- Preserve all evidence: photos, videos and documents.
- Get contact information for witnesses at the scene.
- Seek medical attention promptly and keep records of treatment.
- Consult a qualified attorney early to understand your rights.