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How does the car damage reports determine who's at fault in an intersection accident?

Saukville, WI |

An intersection car accident, one person received one citation, she had a 1995 car and had it "junked"
She had crossed the intersection and didn't see the person coming down the road.

The other person, saw her, braked and hit her anyways. Her car was totaled . She received 0 citations.

The person who received o citations is undersome kind of an investigation.

If both cars were junked, does that make a difference?

Thank You

Attorney Answers 5


  1. Best answer

    A police report is not dispositive on who is to blame in causing an accident. While police conduct investigations, the conclusions they reach can be suspect and attacked. Damage to vehicles helps the investigators figure out what actually happened.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. It's difficult to make liability determinations from a short posting. If you were injured, retain a personal injury lawyer to investigate. If a claim is made against you, tender to the claim to your insurance company.


  3. In Wisconsin a police report is not admissible into evidence at the time of trial. A jury will rely on the facts as set forth in evidence from testimony. If you're injured I strongly encouraged to contact a personal injury attorney who uses investigators so that no facts are left out.

    Sending an email or posting a question does not constitute legal advice or create an attorney client privilege. The comments and opinions expressed in Jon Groth's comments are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.


  4. No, only an expert in the field can definitively reach a conclusion on that. Those experts are accident reconstructionists and they look at vectors, skid marks, and crush damage among other factors in determining the relative positions of the vehicles at time of impact and the speed of each.


  5. An expert can be retained to reconstruct the accident.

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