Key Takeaways
- Under Wisconsin law, drivers must report crashes involving injury, death, or qualifying property damage to law enforcement.
- Seeking medical attention immediately creates a documented record linking your injuries to the crash.
- Gathering evidence and exchanging information at the scene can directly strengthen your claim.
- Early settlement offers often arrive before the full extent of your losses is known.
- Wisconsin law gives injured drivers three years to file a personal injury claim after a crash. Wrongful death lawsuits resulting from motor vehicle accidents have a shorter, two year limit.
What to do after a car accident, not your fault, is one of the last things on anyone’s mind before a crash happens. Then it becomes the only thing that matters. In Milwaukee, the decisions made in those first moments, from calling 911 to documenting the scene, can determine the outcome of your entire claim.
After a crash that was not your fault, consider these steps: prioritize your safety, gather evidence, and avoid admitting fault. Under Wisconsin law, crashes involving injury, death, or $1,000 or more in property damage must be reported to police immediately. Our Milwaulkee car accident lawyers at PKSD can help you understand your rights, protect your claim, and pursue the compensation you deserve under the law.
Steps To Take Immediately After a Car Accident That Wasn’t Your Fault
The actions you take at the scene can directly affect the outcome of your claim. Here is what to do.
Seek Medical Attention
Get evaluated immediately, even when injuries seem minor. Whiplash, concussions, and soft tissue damage can surface hours or days after a crash. Prompt care creates a medical record that ties your injuries directly to the event and supports your claim.
Exchange Information
Under Wisconsin Statute 346.67, drivers must provide their name, address, and vehicle registration to the other party and show their operator’s license upon request. Collect the other driver’s insurance details as well.
Gather Evidence (Witness, Photos, etc.)
Photograph vehicle damage, road conditions, skid marks, and any visible injuries. Get names and contact information from witnesses before they leave the scene. These details become difficult to recover later and can carry significant weight during negotiations or in court.
Don’t Admit Fault
Avoid apologizing or making any statement that could suggest responsibility, even a casual comment. What you say at the scene can be used against you. Limit conversation to exchanging required information and let the investigation establish liability.
Contact the Police
Call 911 and request an officer at the scene. A police report documents the facts independently, captures any citations issued, and provides the neutral record that both insurers and attorneys rely on when evaluating fault.
Report the Accident
Under Wisconsin Statute 346.70, any crash involving injury, death, or $1,000 or more in property damage must be reported immediately to local police, the county sheriff, or a state traffic patrol officer. Prompt reporting protects your legal standing from the start.
Be Mindful of Early Settlement Offers
Insurance adjusters may contact crash victims within days, and early figures can seem fair at first glance. These offers typically arrive before the full picture of your injuries and losses is clear. Accepting too soon can leave you covering ongoing treatment, specialist visits, and lost wages that the initial offer never reflected.
Once you sign a release, your right to seek further compensation ends regardless of how your condition develops. Do not agree to anything before speaking with a Milwaukee car accident lawyer who can assess the value of your claim. Understanding why a settlement might be delayed can help you resist the pressure to settle too soon.
How Can a Lawyer Help After a Car Accident That Wasn’t Your Fault?
One of the most important things to understand about what to do after a car accident that wasn’t your fault is that professional legal guidance can change outcomes. Once you retain an attorney, the insurance company must direct all communication through counsel, taking the pressure off you during recovery.
Depending on the case, our attorneys can build your case using police reports, medical records, witness accounts, and expert analysis. When a commercial truck is involved, the process is more involved, and understanding how to file a truck accident claim in Wisconsin helps because those cases often involve multiple liable parties and federal regulations.
We can evaluate every loss, including future care costs, lost income, and pain and suffering. Timing matters, too. Under Wisconsin Statute 893.54, injured drivers generally have three years to file a personal injury claim, while wrongful death claims from motor vehicle crashes carry a two-year deadline. Missing either deadline eliminates your right to recover.
Call a Car Accident Lawyer Today
Knowing what to do after a car accident, not your fault, is only the beginning. At PKSD, we can guide injured Milwaukee drivers through every step of the claims process. Contact us today at (414) 333-3333 to speak with a Milwaukee car accident lawyer and get answers specific to your situation.
Jeffrey A. Pitman
Mr. Pitman is a member of the Nursing Home Litigation Group of the American Association for Justice. Mr. Pitman was President of the Wisconsin Association for Justice in 2013 and is a current member of the National Academy of Elder Law Attorneys (NAELA). He lectures extensively on nursing home abuse and neglect and has authored numerous articles in the area of personal injury litigation.