Liability for Injuries Caused by Failure to Yield Car Accidents

liability for failure to yield car accidentsAll drivers have a duty to obey the rules of the road to prevent harm to themselves and others. This includes yielding to other drivers and pedestrians in certain situations. Failure to yield the right of way as required by law can cause a serious car accident and potentially lead to liability for any resulting injuries.

If you have been hurt by a motorist who failed to yield, you may be eligible to pursue compensation against the at-fault driver. Our legal team is ready to discuss your rights in a free consultation.

Who Has the Right of Way in Wisconsin?

Wisconsin’s right-of-way laws dictate who goes first and who must wait and yield in traffic. These laws are in place to remind motorists to share the road with others and do everything they can to avoid a preventable accident. Your lawyer can review these laws to help determine whether the other driver involved in your accident is at fault for the crash.

When Drivers Must Yield the Right of Way

Drivers must yield the right of way in the following situations:

Intersections

When you come to a four-way stop without a traffic signal, you must come to a full stop and then proceed. The first motorist at the intersection has the right of way. When you approach an intersection without a traffic signal at approximately the same time as another vehicle, you must yield to any vehicle approaching from the right. When a vehicle is speeding the driver of that vehicle forfeits the right of way.

When you enter a roundabout or traffic circle, you must yield the right of way to traffic from the left. Drivers must also yield the right of way for traffic already on the main road if they are entering a road from a driveway or alley. If you are on a dead-end road, you are required to yield to cross-traffic.

Pedestrian Crossings

When approaching an intersection controlled by a traffic signal or traffic officer, you are required to yield to a pedestrian or bicyclist in a crosswalk if he or she is using the crosswalk in a safe manner. This is in accordance with Wisconsin statute 346.23.

Motorists at an intersection or crosswalk not controlled by a traffic signal or traffic officer are also required to give a pedestrian the right of way when he or she in a marked or unmarked crosswalk. A pedestrian not in a marked or unmarked crossing would need to yield the right of way to any motorist.

You are also required to stop no less than 10 feet away from a pedestrian using a guide dog or carrying a white cane or walking stick until he or she is off the road, regardless of whether the pedestrian is violating any laws applicable to pedestrians.

Emergency Vehicles

You are required to yield the right of way to any emergency vehicles using an air horn, siren or red or blue flashing lights. These vehicles could include:

  • Police cars
  • Ambulances
  • Fire trucks

If an emergency vehicle is approaching from any direction, you must to pull over to the right side of the road or near the right as you safely can, listen for instructions from the vehicle’s loudspeaker and remain standing in such position until the emergency vehicle has passed.

Despite these laws, many motorists continue to disregard them and cause serious car accidents. Understanding these rules, however, is important to protect yourself and others in any given situation.

What If Someone Fails to Yield the Right of Way?

Drivers who fail to yield the right of way can be stopped by the police, issued a citation and can get four penalty or demerit points added to their driving record.

Additionally, if the driver’s failure to yield resulted in a crash, you could file a claim against the at-fault party for damages you suffered. An Oshkosh auto accident lawyer from our firm knows how to prove a driver’s failure to yield violated his or her duty to use reasonable care and caused your injuries.

You may be eligible to seek compensation to help cover past and future medical bills and lost income. Wisconsin allows recovery provided you are not more at fault than the other party for the accident.

Get the Compensation You Need After an Accident

At Sigman Janssen, we offer comprehensive legal representation to many car crash victims, including those involved in failure to yield accidents. Our lawyers are prepared to review your situation and discuss the legal remedies that may be available to you in a complimentary, no-obligation consultation.

If we determine that you have a valid claim, you pay us nothing up front for our services unless we collect compensation on your behalf.

Call (877) 888-5201. Serving Clients Throughout Wisconsin.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Can I Receive Back Pay After Being Approved for SSDI or SSI Benefits?

back pay for ssdi or ssi benefitsOnce you are approved for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you may be owed more than your monthly disability benefit. Back pay is compensation for the months between the filing of your application and the date your application was approved.

The amount you may receive will depend on several factors, such as the type of disability benefits you have been awarded and the amount of time you waited for approval.

To find out if you may be eligible for back pay, reach out to our legal team at Sigman Janssen. We are prepared to review your situation and explain your available legal options in a risk-free consultation. 

How Back Pay is Determined

The way back pay is distributed and the amount you receive will depend on whether you were approved for SSDI or SSI. The longer it takes to get your application approved, the more money you are likely to receive.

Since most applicants are denied at least once before obtaining disability benefits, you could be waiting several months or longer for your application to receive approval.

Back Pay With Social Security Disability Insurance

SSDI benefits are subject to a five-month waiting period. If your application is approved, you will not receive benefits for five full calendar months.

This policy also affects your back pay. For example, if your claim was approved within five months of applying, you will not receive any back pay. If it took 12 months for the SSA to approve your application, you would be eligible for seven months of back pay, not 12. 

SSDI back pay is usually sent out soon after an application is approved, and it is paid in a lump sum. You will not receive interest on your back pay.

A Green Bay Social Security Disability attorney from our firm is ready to help calculate your back pay amount and answer any of your other questions.

Back Pay for Supplemental Security Income

Since SSI is a needs-based program, if approved, benefits start with the first full calendar month after you are deemed disabled; however, in no case are you able to collect SSI benefits before your protected filing date. Like SSDI back pay, SSI back pay benefits accrue starting on the date you applied. SSI back pay is paid in installments, not a lump sum. This is because lump sum payments could put a strain on SSI financial resources.

Retroactive Benefits

If the Social Security Administration (SSA) decides your medical condition qualifies as a disability, it will assign you an onset date. This is the date you became eligible for disability benefits because of your inability to work.

If your onset date is before your application date, you may be eligible for retroactive benefits for the months separating those two dates. However, retroactive benefits are only available for SSDI applicants.

The five-month waiting period also applies to retroactive benefits, and you cannot collect these benefits for more than 12 months. For example, if your onset date was 24 months before you applied, you would not receive benefits for all 24 months. You would receive benefits starting on the eighth month after your onset date. You would not receive benefits for the five months before your application date.  

It is important to note the SSA may make your application your onset date. If you believe you were disabled before that date, you should discuss it with a licensed attorney. He or she may be able to advocate for changing your onset date to make you eligible for retroactive benefits.

Unsure If You Are Eligible? Give Us a Call

Sigman Janssen is here to help with disability applications or appealing denied claims. An initial consultation with us will give you the opportunity to ask any questions you may have about Social Security Disability, including whether certain dependents of disability recipients may be eligible for benefits.

You are not obligated to retain our services, but if you do, you pay nothing up front unless we help you obtain benefits.

Get started today by calling (877) 888-5201.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Worker’s Compensation Claims for Toxic Chemical Exposure

worker's comp claims for toxic chemical exposureIn certain industries, workers are exposed to toxic and harmful chemicals on a regular basis. Exposure to these chemicals could result in serious, debilitating injuries or death. It is the responsibility of the employer to make sure that his or her employees have a safe environment to work in. Sometimes, however, those safety precautions are not enough to protect workers from toxic chemical exposure and getting harmed.

At Sigman Janssen, we are prepared to help you file a worker’s compensation claim to help you pursue the benefits you need for a work-related injury or illness. Your initial consultation with us to learn about your potential legal options is free of charge and comes with no obligation to retain our services.

Toxic Exposure in the Workplace

Toxic chemical exposure can happen due to sudden accidental spills or can occur slowly as workers inhale hazardous fumes, ingest chemical particles or the chemicals are absorbed through the skin. Some of the more common chemicals workers may be exposed to include:

  • Arsenic
  • Asbestos
  • Benzene
  • Beryllium
  • Cadmium
  • Chloroform
  • Diacetyl
  • Ethylene oxide
  • Formaldehyde
  • Hydrogen sulfide
  • Lead
  • Mercury
  • Methylene chloride
  • Silica

Exposure to these chemicals is often dangerous and can lead to serious injuries or illnesses, such as:

  • Allergic reactions and skin rashes
  • Itching and inflamed skin
  • Lung cancer
  • Mesothelioma
  • Neurological problems
  • Occupational skin diseases
  • Respiratory issues
  • Skin cancers
  • Skin infections
  • Systemic toxicity

Handling an Exposure to Toxic Chemicals

If you think your injury or illness was caused by exposure to toxic chemicals at work, it is important to obtain medical care. A physician will be able to assess your condition and provide a treatment plan to follow. You should also be quick to notify your employer. Under the law, you have 30 days to report any injury, but it is in your best interest to report it sooner rather than later. Your employer will likely refer you to a physician authorized within the worker’s compensation system for initial treatment.

Filing a Claim Even If Employer Took Precautions

Even if your employer took safety precautions, you may still be able to file a worker’s compensation claim if you were injured by toxic chemical exposure. Worker’s compensation recovery is not fault based. You do not have to show that your employer was negligent.

What needs to be proven in these claims is that you were exposed to a toxic and harmful chemical during the scope and course of your employment that resulted in you suffering an injury or illness.

Benefits for Injuries Caused by Toxic Exposure

Injured workers in Wisconsin may be eligible to receive certain benefits under the state’s worker’s compensation system, such as:

Medical Benefits

Once your employer and his or her worker’s compensation insurer is advised of the workplace injury and determines that it is covered under the law, they are responsible for paying for all necessary and reasonable medical care to treat an injury stemming from toxic chemical exposure. This may include:

  • Hospital stays
  • Surgeries, including corrective procedures
  • Medical tests
  • Doctor visits
  • Prescription medications
  • Travel costs to and from treatments

Wage Replacement Benefits

While in recovery, Wisconsin law provides temporary total disability (TTD) benefits, at two-thirds of your average weekly wage, or temporary partial disability (TPD) benefits. Temporary benefits end when you reach maximum medical improvement. If you sustain a permanent disability from toxic chemical exposure, you would be paid based on the seriousness of your disability as noted by your physician.

An Appleton worker’s compensation lawyer from our firm is here to help you get the benefits you need.

Find Out More Information in a Free Consultation

If you have been injured at work due to toxic chemical exposure, it is in your best interest to reach out to our legal team at Sigman Janssen. We are prepared to explain your rights and discuss your available legal options in a complimentary consultation.

You are under no obligation to have us represent you, but if you do, there are no upfront fees involved.

Have Questions? We Have Answers. Ph: (877) 888-5201.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

What to Avoid Saying Immediately After a Car Accident

what to avoid saying after a car accidentA car accident can leave you feeling shaken and confused. You may speak without thinking or end up saying things that potentially have a greater impact than you realize. What is said immediately afterward at the scene of the crash could hurt your chances at pursuing favorable compensation for your injuries.

The Green Bay car accident lawyers at our firm explain what you should avoid saying while dealing with the aftermath of an accident to help protect your claim. A consultation with us is free and confidential.

When Your Words Can Hurt You

Following a crash, your adrenaline levels may be high, and you may not be thinking clearly. The pain you experience from your injuries could also be impacting what you are thinking and saying out loud. It is not hard to say something in the moment that could hurt your claim and your settlement amount.

Offering an apology may come naturally to you. You may use little apologies to diffuse tense situations in your daily life. However, you should resist the urge to say, “I am sorry” or “I apologize” as this could be seen as admitting fault. While you may be sorry that the accident happened or that someone was injured, anyone at the scene could take these words as your admission of guilt for the crash.

Car accident settlements are almost always based on the injuries sustained. That is why it is also important to not minimize your injuries even if they appear minor. Avoid saying “I am OK” or “I feel fine” until you seek medical attention and have a doctor assess the extent of your injuries. He or she may even uncover a hidden injury you sustained.

The last thing you want is the insurance company saying that you have a pre-existing injury, your injuries are not as serious as you claim or not connected to the accident.

You May Be Wrong

You will not know all the facts about the car accident in that moment. If you make a statement about what happened, there is a chance that you may be wrong or mistaken. This could be especially true if you think that you may have caused the crash or did something that contributed to your injuries.

When speaking with any party involved, be sure to only offer information you are legally required to provide after an accident. This includes your name, address, phone number and insurance information. When being questioned by a responding police officer, offer only the basic facts about what happened.

Do not speculate about anything that may have happened or guess if you do not know the answer to a question being asked. Just say “I do not know” and avoid offering any additional information.

The bottom line is that what you say to anyone at the scene of the crash could be harder to refute later if you decide to make a claim and have to deal with an insurance adjuster.

Statements Can Be Twisted or Misunderstood

The scene of a crash can be chaotic and loud, making it harder to hear anything.  A statement made by you may not be heard as you intended it, which could impact your potential claim for compensation.

If you speak with other party involved or an eyewitness, he or she may not hear you correctly and misconstrue what you said. A statement such as “I was not distracted” may be misheard as “I was distracted,” changing the entire meaning of what you said and making it seem like you are guilty.

Protect Your Claim for Compensation

It is important to be careful about what you say when you are involved in a car accident. Our lawyers at Sigman Janssen have helped pursue maximum compensation for our clients and are ready to guide you through the claims process. You may be eligible to obtain compensation to help cover your losses.

Our firm works on a contingency fee basis, so you do not pay any fees up front unless we recover funds for your claim.

Call (877) 888-5201 to schedule a free legal consultation.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Does Workers’ Compensation Cover Injuries If Assaulted at Work?

workers comp for workplace violenceWhen you become injured on the job, workers’ compensation benefits may help cover your medical treatment. But what happens if you were harmed as a result of an assault by a co-worker, client or vendor? Understanding what is covered by workers’ compensation insurance can be less clear.

Our Green Bay workers’ compensation attorneys are here to help by providing a free consultation. We are well-versed in Wisconsin’s workers’ compensation laws and how they may apply in your situation. 

What is Workplace Violence?

Workplace violence is any act or threat of violence that happens at work. This could include harassment and intimidation as well as threatening behavior or physical violence. Injuries due to these acts can range in severity, from minor scrapes or bruises to serious head injuries, puncture wounds or death.

Violent acts at a place of employment can be perpetrated by co-workers, customers, clients, vendors and visitors. Generally, the motivation for the attack must be work-related, and not personal.

Workers’ Compensation for Injuries From Workplace Violence

To be eligible for workers’ compensation, you must show that you were injured in an accident that arose out of and in the course of employment. The incident must be related to your job and carried out while performing your work duties.

Employees cannot sue their employers under Wisconsin’s Workers’ Compensation Act, but if you have been assaulted by someone else at work, you may be able to receive worker’s compensation benefits and also take legal action against the third party. If the injury caused a worker’s death, his or her surviving family members may be able to obtain compensation.

While there is no guarantee that you may be approved for benefits to cover injuries from workplace violence, employers do have a legal responsibility to maintain a safe workplace.

This could include taking preventative measures to avoid scheduling employees to work alone and late, quickly handling threats that arise, as well as training employees on de-escalation techniques.

Filing a Workers’ Compensation Claim in Wisconsin

If you were injured due to workplace violence, it is important that you seek medical attention as soon as possible. In non-emergency situations, be sure to notify your employer of your work injury prior to seeing a doctor, but if you need immediate care, seek treatment first and then notify your employer.

You should notify your employer of your injury within 30 days. Be sure to also follow-up with his or her workers’ compensation insurance provider to make sure that your employer filed a report of your injury. 

Reach Out to Our Legal Team for Help

If you have been the victim of assault at work, it is in your best interest to seek legal representation. An experienced workers’ compensation lawyer will be able to advocate for your rights and best interests.

Our legal team at Sigman Janssen is ready to review your situation and review your potential legal options in a free legal consultation. There is no risk in calling our firm and no obligation whatsoever to move forward. Our services are provided at no upfront cost to you. You only pay us if we help you obtain the benefits you need to recover from your injury. 

We are standing by to take your call. (877) 888-5201.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

The Value of Using an Expert Witness in a Personal Injury Case

expert witness in a personal injury caseReaching a favorable settlement in a personal injury case is often linked to how well the facts and issues can be understood. An experienced lawyer will understand the potential value that an expert witness can offer before and during a case and can provide legal advice on when you should use one. 

The Green Bay personal injury lawyers from our firm are ready to discuss your particular circumstances and answer any legal questions you have during a complimentary initial consultation.

How is an Expert Witness Defined?

An expert witness is a professional with specialized experience in a certain field. Expert witnesses can be called to a case to present their knowledge to support a claim. They can determine how an accident happened and how it resulted in injuries. This could be beneficial when attempting to calculate an accurate value for your damages. 

Testimony from an expert witness may also sway the judge and jury in your favor during litigation. An expert witness could be the deciding factor in you recovering the compensation you need.

Difference Between an Expert Witness and a Lay Witness

Witnesses involved in personal injury cases are generally broken down into two categories: lay and expert. A lay witness is anyone who is not an expert but can offer testimony about things that he or she observed. Any opinions offered are limited based on their own perceptions.

On the other hand, an expert witness is anyone who has specific knowledge, skills, training or experience that makes him or her qualified to discuss specific issues. Expert witnesses do not discuss what they observed. They provide an opinion based on facts and evidence of the case.

Different Types of Expert Witnesses

There are many different types of expert witnesses who can be used in a personal injury case. Some of these include the following:

  • Accident reconstructionist – These experts can help to analyze information related to the accident in an effort to explain how the accident happened and who was at fault.
  • Economic expert – These experts can help explain the economic impact of an injury based on the victim’s loss of wages and future earning capacity from being unable to work.
  • Manufacturing expert – These experts can help explain how a product was defectively manufactured, designed or marketed.
  • Medical expert – These experts can help explain the extent and type of injury suffered and how it is linked to the accident.
  • Mental health expert – These experts can help explain the mental impact that an accident and resulting injuries have had on a victim.
  • Rehabilitation specialist – These experts can help explain the future medical needs of a victim.

When Should an Expert Witness Be Used?

Having an expert witness can be important to the potential outcome of a personal injury case. During settlement negotiations, the opinion of an expert witness can persuade the other party involved and their insurance company to come to a favorable agreement. During a trial, he or she can provide valuable insight, facts and opinions to help educate any judge and jury about the issues in a case.

Consulting experts help explain certain issues involved in a case but do not necessarily testify in a courtroom while testifying experts can be used to openly testify in a court room to help a judge and jury understand complex information.

Reach Out to Schedule a Free Consultation

When you suffer an injury in an accident due to negligence, an expert witness may be valuable to your potential case. Our legal team at Sigman Janssen is here to help. Learn more in a free, no-obligation consultation. We charge no upfront fees to retain our services and only receive payment if you recover compensation.

Dial (877) 888-5201 to schedule a free case review.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

What Happens If I Get in an Accident in a Company Car?

accidents in a company carWisconsin workers’ compensation helps provide wage replacement and medical benefits to individuals injured while they were on the job. However, sometimes it is difficult to know when certain situations are covered, such as accidents that happen while using a company car. Liability insurance on the vehicle may also apply to the accident.

The Appleton workers’ compensation lawyers at our firm are well-versed in eligibility for workers’ compensation benefits. You can discuss your situation in a risk-free legal consultation today.

Differences Between General Liability and Workers’ Compensation Insurance

There are several differences between general liability and workers’ compensation insurance. The workers compensation system does not allow employees to take legal action against their employers after a workplace injury. Instead, you can pursue workers’ compensation benefits.

If you cause an accident in a company car, the other driver’s damages may be covered by the liability insurance your employer purchased on the vehicle. This policy may cover things like medical bills and damage to the other driver’s vehicle, up to the policy limits.

What is Vicarious Liability?

Vicarious liability is a legal doctrine that holds one party accountable for the actions of another party. For instance, an employer may be held vicariously liable for the negligent actions or inactions of his or her employee.

Should an employee become hurt or cause harm to another person involved in an accident, the employer could be accountable if the employee was acting in the interests of his or her employer at the time of the crash.

When it Applies

Vicarious liability may apply when the employee’s actions were done within the scope of his or her employment duties. Examples may include:

  • While driving for a company as part of a daily work routine
  • While driving to a location as instructed by an employer
  • While driving back and forth from a company business meeting

When It Does Not Apply

Vicarious liability does not apply in the following situations:

  • While driving to and from work
  • While driving a company vehicle to run a personal errand
  • While committing a criminal act, such as driving under the influence
  • While driving a company vehicle outside of normal work hours

What to Do After a Crash Driving a Company Vehicle

If you have been involved in a crash driving a company car, there are several things you can do to protect your well-being and your claim. This includes the following:

  • Report the crash – Injured workers should report the accident and their injuries to their employer as soon as possible. Under Wisconsin law, you have a 30-day period from the date of the incident. Be honest about what happened, how it happened, and who was involved.
  • Follow-up with employer – It is important to check with your employer to make sure that your claim was submitted to the workers’ comp insurance carrier and get a copy for your records.
  • Obtain medical care – Receive medical treatment in order for a doctor to assess the extent of your injury. Be sure to also get copies of your medical records and any hospital-related bills.
  • Seek legal help – Get in touch with an experienced attorney to see if you have a valid claim. He or she can protect your rights and bests interests and help you throughout the claims process.

Request a Free Consultation to Get Started

If you have been involved in a crash while driving a company car, it is in your best interest to seek legal representation as soon as possible. Our lawyers at Sigman Janssen are ready to evaluate your situation and discuss your legal options in a completely free, no-obligation consultation.

We charge no upfront legal fees for our services. You only pay us if we help you obtain compensation.

Give us a call at (877) 888-5201 to schedule a free case review.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

We Can Handle Your Case With No Face to Face Meeting

Injured in an accident or hurt on the job? Sigman Janssen offers a free no-obligation consultation and electronic signups, so you never need to leave home to get experienced legal representation.

Our initial legal consultation is completely free, and you do not need to come to our office. We can conduct your free claim review, process the case-filing forms and obtain your electronic signature without you ever having to leave home.

Submit Our Case Evaluation Form Online

We provide a FREE Case Evaluation form online for your convenience. You can avoid unnecessary public contact and initiate a callback from one of our experienced attorneys in Wisconsin.

Once you have submitted the form by clicking the “SUBMIT FORM” bar you can rest assured someone will call you back shortly.

Get Answers Fast Via Online Chat or Phone

Do you have questions you want answered before submitting the form? You can quickly contact a member of our legal team via online chat through our website or by phone.

Online Chat

Simply go to our homepage and click the “LIVE CHAT” button at the bottom of the screen. An associate is available to answer your questions anytime, day or night.

While a chat does not constitute or create a lawyer-client relationship, it does provide a convenient and safe means for you to ask questions about completing the form or to learn more about the information we may need to prequalify your claim.

24/7 Phone Availability

A member of our legal team is always available to answer your phone call, 24/7. We recommend that you write down a list of questions you want to ask before you call us.

We Offer E-signature Convenience

You can also formalize case forms using eSign, which offers the assurance of encrypted security combined with the convenience of signing from anywhere, and you do not need to print anything.

We can conduct your free initial claim review, assess the merit of your potential claim, and process and get your case forms signed, all without you ever having to leave your home.

This is yet another way Sigman Janssen puts clients first.

Contact Our Trusted Lawyers for Help

We are here to help. Contact our firm to arrange for your free consultation with one of our Wisconsin personal injury lawyers today. If you have a valid case and we represent you, there are zero upfront costs to pay, because we do not get paid unless you do.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Am I Legally Obligated to Report an Auto Accident?

legal obligation to report a crashThe severity of each car accident varies, some cause extensive injuries to victims that have lifelong effects, while others may not appear all that serious in the moments afterward. This may raise the question: How do you know if your accident needs to be reported?

Our Oshkosh car accident lawyers review the state’s legal requirements for car accident reporting. If you were injured in a crash, contact us for a free consultation to discuss your claim with our attorneys.

Car Accident Reporting Requirements

While it is always wise to call law enforcement after a car crash, it is only legally required in certain situations. To help avoid legal troubles, Wisconsin drivers need to know the reporting requirements and how to file a report when necessary.

When a Crash Report Must Be Filed

In Wisconsin, a car accident must be reported when any of the following apply to the collision:

  • Any person sustained an injury or was killed in the accident
  • The accident resulted in $200 or more in government property damage
  • The accident resulted in $1,000 or more in damage to anybody’s personal property

If a law enforcement officer responds to the accident scene, drivers are not required to do any additional reporting, unless they are specifically contacted to make a supplemental report.

You may access a copy of the crash report filed by law enforcement once the report is submitted to the Department of Transportation (DOT). It may be up to two weeks after the accident date before this happens.

Why Crashes Need to Be Reported

Reporting your accident is necessary to create proof the accident happened, which will be helpful evidence as you pursue a claim for compensation of your damages. These reports provide important information your attorney can use as your claim is investigated and evidence is gathered to build a strong case. The insurance company is also able to use this report to help determine fault in the crash.

If your collision does not meet the factors for reporting, it is still a good idea to contact law enforcement and make a report.

Filing a Crash Report in Wisconsin

If no law enforcement officer responds to the scene of your accident, you are required to file a Driver Report of Accident form. This must be completed within 10 days of the date the accident occurred.

You need to file an accident report even if the other involved driver offers to settle the damages without reporting. Failure to do so can result in suspension of your driver’s license.

When you fill out the Driver Report of Accident form, you will need the following information:

  • Name, phone number and address of all drivers
  • Driver’s license number of all drivers
  • Name, phone number and address for all passengers and witnesses
  • Make, model and license plate number of all involved vehicles
  • Description of all vehicle damage
  • Photos taken of the accident site
  • Diagram of the accident site
  • Description of how the accident took place
  • Your current liability insurance coverage information
  • Your VIN (vehicle identification number)
  • Your Social Security number

We Are Here to Answer Your Legal Questions

If you were injured in a car accident, you may be eligible to take legal action against the at-fault party and pursue compensation for the damages you have suffered, including medical expenses, lost wages, and pain and suffering.

The accident lawyers at Sigman Janssen offer free consultations to review your situation and answer any questions you may have about the claims process. There is no obligation to work with our firm. However, if you do, we charge no upfront fees. You do not pay unless we successfully recover compensation on your behalf.

Call (877) 888-5201 to learn more about your available legal options.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Passenger Rights After Being Injured in a Car Accident

passenger rights in a car accidentAfter suffering a car crash injury as a passenger, you may be confused about your rights to compensation. You may even be concerned about taking legal action against the driver of the vehicle, as this person may be someone close to you or even a family member. However, it is important to remember that you are only protecting your best interests.

The Appleton car accident attorneys at our firm have been protecting the rights of injury victims for decades. We are prepared to review your situation and further explain your rights in a free consultation.

Your Rights as a Passenger After a Crash

Even if you were only the passenger and not the driver, you still have the right to file a claim against the at-fault party for any injuries sustained in a car accident. As a passenger, you are able to pursue compensation from the driver of the vehicle you were riding in if he or she was at fault for the accident, or the other driver if that driver was responsible for the accident.

Determining Fault

Wisconsin follows a modified comparative negligence system, which means multiple parties can be held liable for damages. Damages are reduced by the percentage of fault, if any claimant is found to hold in the accident.

To pursue compensation from someone else, you must be equally or less at fault than they are. As a passenger, it is difficult for others involved to attempt to hold you liable. However, insurance companies will try to lower how much money they pay out on a claim and may say a passenger’s actions contributed to the accident.

To determine fault, each party’s actions need to be examined. It may be found that both the driver of the vehicle you were riding in and the other driver both held fault in the collision, which means you may need to pursue claims against multiple parties to recover maximum compensation.

Working with an experienced attorney can help you determine who is at fault for your injuries and who to pursue claims against. Your lawyer could help strengthen your claim by gathering the following:

  • Accident reports
  • Witness statements
  • Photos of your injuries
  • Medical records pertaining to your injuries
  • Medical opinion reports
  • Photos or video of the accident scene

Passenger Injury Compensation

Depending on the extent of your injuries and treatment required, you may be able to pursue compensation for damages including, but not limited to:

  • Pain and suffering
  • Medical costs
  • Lost wages
  • Lost future earnings
  • Accommodations to assist with your recovery

Filing a Legal Claim in Wisconsin

If you were injured as a passenger in a car accident, you will need to file an insurance claim against the at-fault party’s insurance company, or both insurance companies if both drivers held liability in the accident.

If your claim is denied or you are unable to reach a settlement agreement with an insurance provider, you may have the right to pursue a lawsuit against the at-fault party.

In Wisconsin, victims must file a lawsuit within three years of the date the accident occurred. You are permitted to take direct legal action against the insurance company, which helps many injured passengers feel more comfortable pursuing the compensation they need when the at fault party is a friend or family member.

The insurance company may be named in the lawsuit alone or in addition to the at-fault driver, and you may be eligible to recover damages up to the insurance policy’s limits.

Contact an Experienced Attorney Today

Dealing with the aftermath of a car accident can be overwhelming, especially if you are unsure about your rights. Our attorneys at Sigman Janssen have extensive experience helping injury victims pursue maximum compensation and protecting their best interests every step of the way.

Our consultations are free and come with no risk or obligation to take legal action. We only receive payment for our services if we successfully help you obtain a recovery.

Gives us a call anytime day or night. (877) 888-5201.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice