What Does Comparative Negligence Mean? Explaining The Basics

You did everything right—you followed the rules of the road, carried the right insurance, and drove responsibly. But when an uninsured driver crashes into you, suddenly, you are the one left dealing with the financial and emotional fallout. That’s not fair.

At Natasha Misra Law, we fight to make sure you don’t pay the price for someone else’s negligence. If you’ve been hit by an uninsured driver in Fond du Lac, Appleton, Green Bay, or anywhere else in Wisconsin, you still have options—and we’re here to help.

What Happens When an At-Fault Driver Has No Insurance?

Wisconsin law requires drivers to carry liability insurance, but not everyone follows the rules. If an uninsured driver causes an accident, you may worry about who will pay for your medical bills, car repairs, and lost wages. The good news is that you still have options to recover compensation.

Uninsured motorist (UM) coverage – This is included in every Wisconsin auto policy and helps cover your medical expenses, lost wages, and pain and suffering when the other driver is uninsured.
Collision coverage – If you have this optional coverage, your insurance can pay for repairs or replacement of your vehicle.
Legal action against the at-fault driver – While many uninsured drivers lack assets, an experienced attorney can explore whether pursuing a lawsuit is a viable option.

Insurance companies will try to minimize what they owe you, even under your own policy. That’s why having an experienced Milwaukee car accident lawyer on your side is crucial.

Steps to Take After an Accident With an Uninsured Driver

If you’ve been hit by an uninsured driver, taking the right steps can protect your claim and improve your chances of full compensation:

Call the police – A police report will document the accident and confirm that the other driver lacks insurance.
Get medical attention – As soon as there is the onset of injury, it is important to get checked out for your injuries.
Gather evidence – Take photos, collect witness statements, and document your injuries.
Notify your insurance company – You should notify your insurance company of an accident, but it is best to do so only after consulting an attorney.
Consult a car accident lawyer – Insurance companies do not have your best interests in mind. A skilled car wreck lawyer will fight to get you the compensation you deserve.

What Compensation Can You Recover After a Car Accident?

Even if the at-fault driver is uninsured, you can still pursue compensation for:

Medical expenses – Emergency care, surgeries, physical therapy, and ongoing treatments
Lost wages – If your injuries prevent you from working
Pain and suffering – Compensation for physical pain, emotional distress, and reduced quality of life
Vehicle repairs or replacement – Through your own collision coverage or legal action against the driver

Every car accident case is different, but at Natasha Misra Law, we work to maximize every dollar of compensation available under Wisconsin law.

How a Milwaukee Car Accident Lawyer Can Help

Handling an uninsured driver accident alone can be overwhelming. Insurance companies may pressure you into settling for less than you deserve. Natasha Misra Law fights for accident victims across Milwaukee, Green Bay, Appleton, and beyond.

We help make sure you receive full compensation under your uninsured motorist policy
We fight back against insurance companies that try to minimize your claim
We offer personalized legal representation so you know your rights and options
We work with translation services to serve clients in Spanish, Burmese, Rohingya, and more to ensure everyone gets the legal support they need

Injured by an Uninsured Driver? Get an Accident Attorney Who’s Not Just Another Suit

An uninsured driver’s mistake shouldn’t leave you struggling financially. If you’ve been hurt in a car accident, we’re ready to fight for you. Contact Natasha Misra Law for a free consultation. You don’t pay unless we win.

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.