In Mukwa, Wis., two drivers were rushed to the hospital after their cars collided on Wisconsin Highway 54. The Waupaca County Sheriff’s Department reports that a 51-year-old woman was exiting a private driveway and attempting to cross the highway when she lost control of her SUV.

The accident occurred when a 66-year-old man traveling eastbound on the highway swerved to attempt to avoid colliding with the SUV. However, his vehicle ultimately collided with the driver’s side of the SUV, which ejected the woman from her vehicle.

The woman was air-lifted to a nearby hospital while the man was taken to the hospital by ambulance. The conditions of the drivers are not known at this time. Authorities report that the crash was influenced by weather conditions and icy roads. Furthermore, neither driver was wearing a seat belt.

In cases such as these, personal injury lawsuits may be filed. Generally, in order for personal injury suits to be filed, plaintiffs must be able to prove that they were harmed because of other people’s negligence. The judgment of who is at fault in an accident has the greatest impact on a personal injury lawsuit.

Even when claimants are partially at fault, they can still receive personal injury compensation from the other parties because compensation can be granted based upon the extent to which each party is at fault. For example, the claimant may be considered 25 percent at fault and the defendant may be considered 75 percent at fault, which would result in the defendant’s having to pay 75 percent of the cost of the claimant’s medical costs.

There is no set formula for determining the extent to which each person is at fault in auto accidents. Residents of Wisconsin who are involved in car accidents may find it helpful to consult personal injury attorneys who may help them understand their rights and options.

Source: WAOW, “Two car crash sends both drivers to hospital,” Emily Neubauer, March 12, 2013