Injured in a Wisconsin Fender Bender: Is the Other Driver Automatically at Fault?

Many people do not consider fender benders to be true car accidents. They often happen at low speed and do not cause significant damage to either vehicle. You might feel a little sore afterward, but you may dismiss your injuries, thinking they will heal on their own in a short time.

However, even a minor collision could lead to severe injuries and damages. If you were injured in such a crash, you should consider your legal options.

Sigman Janssen’s Oshkosh auto accident lawyers have many years of experience helping injured car crash victims. We have secured millions on behalf of our clients without any upfront fees or obligations.

Call (877) 888-5201 for a FREE case review.

What Is a Fender Bender Car Crash?

A fender bender is a minor traffic accident where two vehicles collide, typically at low speed. The accident causes minimal damage to the vehicles involved. These accidents are called “fender benders” because vehicle damage is usually limited to the fenders or front/rear bumpers of the vehicles.

The damage from these crashes is often cosmetic in nature, such as dents, scratches, or minor crumpling of the fenders. The damage does not usually affect the structural integrity of the vehicles.

These types of accidents are very common and often occur in parking lots, intersections, or slow-moving traffic.

Is a Fender Bender Always a Rear-End Collision?

There is a common misconception that a fender bender is always a rear-end crash. While it is true that many fender benders are rear-end accidents, there can be other kinds of fender benders, including:

• Sideswipe collisions, which occur when two vehicles traveling in the same direction make contact along their side panels or fenders
• Parallel parking accidents when a driver misjudges how much space there is to the right of his or her vehicle and scrapes side or fender of a parked car
• One driver running through a stop sign and hitting another car in the intersection at a relatively low speed

What Causes a Fender Bender Collision?

Fender benders are almost always the result of negligent driving. These are some common examples of negligent actions that could result in a minor collision:

• Distractions (smartphones, infotainment systems, eating or drinking, personal grooming, loud or intense conversations with passengers, etc.)
• Following another car too closely
• Changing lanes without using your turn signal or checking your blind spots
• Misjudging distances in parking lots or when near parallel-parked cars
• Making sudden stops

How Often do Fender Benders Happen?

These may be the most common type of accidents on the nation’s roads. While there are plenty of more serious accidents, many of the collisions that result in insurance claims were fender benders.

You should not let the frequency of these crashes fool you into thinking they are no big deal. The injuries that occur could affect you for quite a long time.

Is One Driver Automatically at Fault for a Fender Bender?

While it is true that the rear driver in a rear-end accident is often the one at fault, there are times when the lead driver may be partially or even fully to blame.

For example, the lead driver may have brake-checked the rear driver. Even though the rear driver may have been tailgating, the lead driver caused the crash through his or her intentionally reckless action. The problem is that it can be difficult to prove brake-checking. You would need witness statements or other verification of what happened, such as security camera footage.

Why Would the Rear-End Driver Not be at Fault?

There are some other reasons why the rear driver might not be at fault for a rear-end collision:

• The lead driver put his or her car in reverse for no good reason
• The lead driver’s car had broken brake lights
• There was a mechanical issue with one vehicle, but the driver did not move out of the flow of traffic
• The lead driver cut you off
• There was an obstruction in the road that caused the lead driver to suddenly stop

What Are Common Reasons for Filing a Lawsuit After a Fender Bender Injury?

There are numerous reasons why victims of fender bender car crashes might take legal action to seek compensation:

They Suffered a Severe Injury

Even in a minor collision, you may sustain injuries like whiplash, concussions or broken bones. Victims may need weeks or months of medical treatment, not just emergency medical care right after the crash. This may include physical therapy. An Oshkosh car accident claim can include the full cost of past and future medical care.

Loss of Income

Injuries from a fender bender collision can prevent you from working, making it hard to cover living expenses if you run out of personal or vacation time. An injury claim can provide compensation for lost wages while you recover from your injuries.

Pain and Suffering

A claim can also address emotional distress and pain and suffering caused by the accident, especially if the injuries affect your quality of life or mental well-being.

Compensation for Property Damage

If the fender bender causes significant damage to your vehicle or any personal property inside the car, you might file a claim to get compensation for repairs or to replace these items.

While fender bender claims are usually filed against the at-fault driver’s insurance policy, sometimes you might need to file a claim with your insurance company. For example, you would need to do this if the other driver is uninsured or underinsured.

Most Common Injuries After a Fender Bender

Fender benders, though seemingly minor accidents, can lead to significant injuries. Common injuries include:

• Whiplash: An injury that impacts the neck and ligaments after rapid back-and-forth movement of your head, often resulting in pain and restricted movement.
• Concussions or Other Head Injuries: A type of traumatic brain injury resulting from a blow to the head, which can cause symptoms such as headaches, dizziness and memory loss.
• Cuts and Bruises: Victims may get this injury if a broken glass, airbags or car interior hits any body parts.
• Soft-Tissue Damage: Any injuries that affect muscles, ligaments and tendons.
• Broken Bones: This injury involves a fracture or breaks of the bone, often requiring immediate medical attention and possibly prolonged immobilization.
• Psychological Trauma: This refers to emotional and mental distress, such as severe anxiety or PTSD, which can make it hard to handle everyday stress.

Why Do I Need a Lawyer After a Fender Bender Crash?

The lengthy legal process, piles of paperwork, and complexities of civil law can be overwhelming, especially when you are recovering from an accident. A lawyer can advocate for you and help you navigate the complex legal system.

A lawyer can help you:

Understand Your Potential Case

The law is full of legal jargon with terms and concepts that may be difficult to understand. A seasoned lawyer can interpret and clarify legal jargon, ensuring you fully understand each step in your case.

File Within the Statute of Limitations

Wisconsin law sets strict time limits, known as statutes of limitations, for filing a lawsuit. Failing to file within this period can forfeit your right to seek compensation. An experienced attorney can track these deadlines and ensure all necessary documentation is submitted promptly.

Negotiate With Insurance Companies

Insurance companies intentionally negotiate to minimize victim payouts. Skilled lawyers can advocate for a fair settlement that covers the extent of your damages.

Adequately Prepare You if Your Case Goes to Trial

If your case goes to trial, your attorney can explain what to expect, so you are prepared. Your lawyer can also focus on preparing a robust case, while you focus on recovering from your injuries.

Injured in a Fender Bender? Discuss Your Case With Sigman Janssen Today

If you were involved in a fender bender and are considering legal action, Sigman Janssen is here to help. We guide and support our clients through the legal process, fighting for the full compensation they deserve.

Contact us today for a free consultation. You pay no fees unless we win your case.

Proven Results. No Upfront Costs: (877) 888-5201