If one car crosses the intersection, drives past the other oncoming car and gets hit. ( failure to yield)
The other car saw her coming twice, hit the brakes twice , hit her in the front. ( no citations)
Who claims the 70% with insurance companies ?
If you sustained injuries, have a local personal injury lawyer investigate. Avvo has a "find a lawyer" tool to locate a top-rated Avvo lawyer with a low contingency fee. Good luck.
Personal Injury Lawyer
Under Wisconsin law, ultimately a jury decides the comparative fault of the drivers on a percentage basis. Both drivers have a duty of lookout to see oncoming vehicles. Often the driver who fails to yield right of way will be found significantly at fault. However, the percentage determination can vary depending on the specific facts and the viewpoint of the jury. Anyone injured in the action would be encouraged to contact a Wisconsin personal injury lawyer for specific advice.
Information exchanged by email or on website does not constitute legal advice or form an attorney/client relationship. Readers are encouraged to contact lawyers who can provide specific advice on their unique facts.
As Mr. Tool indicated, there is not a clear-cut answer and it really depends on how the case is spun to a jury. It sounds like both parties may have been negligent and thus responsible for the accident to some degree. If a claim has been made against you, you should contact your insurance company ASAP.
If you were injured and would like to make a claim, then you should contact a personal injury attorney ASAP. Your first priority, however, should be to seek medical treatment and to follow the advice of your medical doctor. This will not only help you recover, but it will also help to preserve your claim for damages.
I hope this helps. Good luck.
The opinions stated herein do not constitute legal advice and do not create an attorney-client relationship. Each case is different, and in order to get proper advice on any legal issue, you should contact an attorney directly. The statements above are not intended to induce any act or omission and are not intended to serve as any basis for any act or omission.
One probably needs more facts before attempting to estimate where the fault lies in your case. Wisconsin does follow comparative negligence so ultimately a jury decides where fault lies, not necessarily an insurance company. You should probably contact another local lawyer to discuss your situation and what you are seeking in regards to this accident.