Disclaimer: This article is for educational purposes and is not legal advice.
Detailed Answer
Under Wisconsin law, all drivers owe a duty of care to obey traffic control devices and signal laws. You must show four elements: duty, breach, causation, and damages. Common statutes include Wis. Stat. § 346.18 (traffic control signals) and Wis. Stat. § 346.13 (stop and yield signs). Once breach and causation are established, Wis. Stat. § 895.045 outlines comparative fault rules.
Key evidence types:
- Police Reports: Official crash diagrams, witness statements, traffic law violations cited by the officer.
- Photographs & Video: Images of vehicle damage, skid marks, traffic signals, intersection layout. Red‐light camera or traffic cam footage can verify signal status at impact.
- Event Data Recorders (Black Boxes): Speed, braking, and throttle data recorded moments before crash.
- Eyewitness Testimony: Statements from passengers, nearby drivers, or pedestrians who saw the signal phase and vehicle actions.
- Accident Reconstruction: Expert analysis of skid‐mark measurements and vehicle positions to demonstrate fault.
- Signal Maintenance Records: Proof of proper signal timing and maintenance to rebut claims of signal malfunction.
Gathering this evidence helps prove the other driver ran a red light, failed to yield on exit, or otherwise breached their duty. Then, link that breach directly to your collision and damages. Remember, Wisconsin applies a comparative fault system. If you share fault, your recovery may reduce proportionally under Wis. Stat. § 895.045.
Helpful Hints
- Preserve all photos and videos immediately after the crash.
- Obtain the police report early; it may be crucial for insurance claims.
- Identify and record witness contact details before they leave the scene.
- Request signal camera footage from the municipality or state DOT.
- Consult a qualified accident reconstructionist for complex cases.
- Keep detailed records of medical treatments and property repairs.