Legal Question in Personal Injury in Wisconsin

Regardless of right of way, any driver who has an opportunity to avoid an accident and fails to do so will likely be found partially at fault by any judge or jury, but probably less than 50% at fault if you were obeying all rules of the road at that time. The fact that you hit his side (rather than him hitting yours) would generally suggest that you may have had such an opportunity. A typical comparative negligence verdict in such a situation might divide the fault at 70/30%, with majority against the driver who did not have the right of way. As a vastly oversimplified (and possibly incorrect) example, If you had body damage worth $1,000, the legal upshot is that you would pay 30% of your own damages or $300, while he would be pay you 70% of yours or $700, assuming no counterclaim. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also can sometimes arrange to travel outside of Racine for initial consultations if absolutely necessary.