Can Two People Be at Fault for an Accident in Wisconsin?

Yes, this is called comparative fault. In Wisconsin, if an accident case goes to trial, the judge or jury will need to determine who was at fault and what percentage each person was at fault. For example, it could be 50-50 80-20, 7-30 etc. It has to add up to 100 for the parties involved. Note that the often cited claim that you are 20% at fault for being there is a lie created by insurance companies to try to get juries to blame someone when the person really was not at fault.

Under Wisconsin law, if a person is found partially at fault, their damages get reduced by that amount. Example, a person got hurt in an accident when someone cut them off and drove into them. The jury finds that the person who got hurt was 5% at fault and the verdict is $100,000. Now the person who got hurt won but they only get $95,000 because the jury found them 5% at fault. Note that in Wisconsin the jury cannot be told any of this. If a lawyer were to tell the jury in closing that any percentage fault reduces the verdict it would be a mistrial.

Under Wisconsin law, if a person who brings a lawsuit (the plaintiff) if 51% or more at fault according to the judge or jury, then the person loses and the judge will order that person to pay the costs to the defense. This means if an injured person sues someone and the jury determines the person who was injured was more at fault that the other person, the injured person gets no money and has to pay costs. Tell this to your friends who claim there are too many frivolous lawsuits.