Madison Car Accident Lawyers

Car Accident Attorneys Serving Wisconsin

The Madison car accident lawyers at Boller & Vaughan are committed to helping accident victims move forward after a serious crash. We understand the hardships our clients face and we are passionate about helping them recover the compensation they deserve for their physical, financial, and emotional losses.

If you have been injured in a car accident, experienced attorneys Matthew Boller and Michele Vaughan can help.

Call for a FREE Consultation (608) 268-0268

Is It Worth Getting a Lawyer for a Car Accident?

Drivers in Madison are no strangers to car accidents. From congested city streets to major highways like I-39 and I-94, crashes bring traffic to a standstill every day.

Some of these accidents are relatively minor. Others, however, can turn the victims’ lives upside down.

Car accident victims are often unsure how to proceed after a crash. Two of the biggest points of uncertainty are: (1). Do I need to seek medical attention? and (2). Should I hire an attorney?

Generally, the answer to both of these questions is “Yes.” You should go to the emergency room as soon as possible after the accident – even if paramedics treat and release you at the scene. The importance of timely medical intervention is twofold: First, emergency rooms have the equipment and resources to perform more thorough diagnoses, and doctors in an E.R. setting can provide more comprehensive care. Second, getting medical attention creates a record of your injuries from the accident.

Your health should be your first priority after a car accident. The next important step is protecting your legal rights.

If the accident resulted in minimal damage to your vehicle and you were uninjured or suffered only minor injuries, you probably don’t need to seek legal counsel. However, if you sustained serious personal injury in a car accident, it is in your best interest to talk to the car accident lawyers at Boller & Vaughan ASAP.

Common Causes of Car Accidents in Madison

Heavy traffic is a daily part of life in Madison. It is impossible to know exactly what the driver of another vehicle is thinking or doing behind the wheel. With this in mind, it is in every driver’s best interest to stay alert, drive defensively, wear a seatbelt, and take other steps to make every trip collision-free.

Unfortunately, your best efforts to stay safe on the road can be undermined by the careless actions of another driver. Some of the most common causes of car accidents we see in and around Madison include:

Distracted Driving

One of the leading causes of distracted driving is cell phone use, especially texting. However, other activities – such as talking on the phone, eating, drinking, talking to passengers, and playing the radio loud – can also distract drivers and increase the risk of a car accident. Another potential distraction is looking away from the road at an accident site (rubbernecking), which can in turn lead to a separate collision.

Speeding

Driving faster than the speed limit reduces control of the vehicle and makes it more difficult to stop. According to the National Highway Traffic Safety Administration, excess speed is a factor in more than one-quarter of vehicle accident fatalities.

Reckless Driving

Speeding and distracted driving are not the only careless acts a driver may commit behind the wheel. Reckless driving can take a variety of different forms, from failure to look over the shoulder when changing lanes to ignoring traffic signals, other vehicles, and pedestrians when navigating an intersection.

Aggressive Driving

Also known as road rage, aggressive behavior behind the wheel can end in tragedy. Aggressive drivers may weave in and out of traffic, tailgate other vehicles, or (in the most extreme cases) try to run another driver off the road.

Driving While Fatigued

Drowsy or fatigued driving is a commonly overlooked factor in car accidents. Lack of sleep has similar effects to alcohol use. Tired drivers have increased reaction times, poor judgment, and may even fall asleep at the wheel and cause an accident. 

Drunk and Impaired Driving

Abusing alcohol and drugs before getting behind the wheel is a serious offense. In addition to the criminal charges that can stem from drunk driving, impaired drivers may be liable for damages stemming from accidents they cause.

The cause of some accidents is relatively easy to determine. If you see a vehicle traveling faster than other traffic, and that driver strikes your vehicle, it is fairly easy to say that speeding and carelessness on the other driver’s part caused the crash. Evidence at the scene, such as skid marks if the at-fault driver tried to brake sharply before hitting you, should support this conclusion.

However, not all accidents are so cut-and-dried. Thorough investigation of the crash may show that the negligence or wrongdoing of more than one party was a factor.

For example, in accidents involving commercial trucks, examination of company records may reveal that the driver was unqualified and/or that the truck was improperly maintained. If this is the case, the trucking company and other third parties may be liable.

At Boller & Vaughan, our car accident lawyers carefully collect all relevant evidence and closely examine all of the facts to determine how the crash occurred and who is at fault. Establishing these key aspects of your claim is crucial for recovering full and fair compensation.

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Your initial consultation with our lawyers is FREE. During your consultation we will evaluate the merits of your case and give you our honest opinion of whether or not it is worth pursuing.

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Common Injuries in Car Accidents

Even minor fender-benders can cause whiplash and injuries to joints and soft tissues. Serious car or truck accidents can often leave victims with broken bones, burns, brain problems, and other severe injuries. In many cases, insurance claims do not cover all the financial consequences of these injuries. A lawyer can explain your options for pursuing damages through a personal injury lawsuit.

Brain Injury

Many car accidents result in brain injuries, specifically traumatic brain injuries (TBI). According to the Centers for Disease Control (CDC), these injuries can have severe consequences; in 2020, approximately 176 Americans died from a TBI-related injury every day. Additionally, these types of injuries caused over 223,000 hospitalizations in 2019.

The Mayo Clinic states that a TBI is usually caused by a violent jolt or impact to the body or head. A concussion is a mild form of TBI that is often associated with these symptoms:

• Nausea
• Headache
• Dizziness and/or drowsiness
• Sensitivity to sound or light
• Short-term loss of consciousness
• Memory problems

More severe traumatic brain injuries often include serious symptoms that can affect long-term quality of life:

• Seizures
• Persistent headaches and/or nausea
• Loss of coordination
• Excessive confusion
• Coma

Symptoms of a TBI, especially a mild one, don’t always present themselves immediately. It’s extremely important to seek medical care after a car accident (even a minor one) to make sure any brain injuries are diagnosed and treated promptly.

Spinal Cord Injury

Spinal cord injuries are also common in Madison car accidents. Like traumatic brain injuries, they can vary in severity and long-term consequences. Mild spinal cord injuries may heal completely whereas severe injuries may result in partial or complete paralysis.

Spinal cord injuries are often categorized based on the area of the spine they affect. The cervical section of the spine is the area from the bottom of the skull to the lower neck. The thoracic spine is the area from the upper shoulders to the middle of the back. Below that is the lumbar section, and then the sacrum is the section of vertebrae from the lower back to the tailbone. The coccyx is the four vertebrae at the base of the tailbone.

One study of car-accident-related spinal cord injuries showed that most injuries affect the lumbosacral spine (the lower back area). Over 86% of car accident victims who sustained spinal cord injuries were drivers, and the most common cause of spinal fractures was a rollover accident.

The Mayo Clinic lists these possible symptoms of spinal cord injury:

• Loss of mobility
• Spasms
• Loss of bladder and/or bowel control
• Back pain
• Difficulty breathing or coughing
• Loss of sexual function
• Reduced sensations (e.g. hot or cold)
• Difficulty walking

Like head injuries, spinal cord injuries aren’t always apparent. It’s vital to seek medical attention after a car accident.

Whiplash

Whiplash is often misunderstood because the damage it causes to the soft tissues in the neck doesn’t show up on an X-ray and other common medical tests. This type of injury can also lead to a TBI, even if the car accident didn’t include a direct blow to the head. 

These are some common signs of whiplash:

• Neck pain
• Headaches
• Pain, numbness, or tingling in the shoulders and arms
• Dizziness
• Limited range of motion in the neck

Whiplash symptoms may not show up right after an accident; in some cases, it takes months for them to appear. For some patients, whiplash-related pain lasts for years.

Back Injury

There are several types of back injuries that car accident victims can experience:

• Vertebrae fractures
• Herniated discs
• Sprains
• Degenerative spinal disorders (e.g. scoliosis, osteoarthritis, sciatica, and pinched nerves)

Many of these injuries can cause chronic pain and reduced mobility. Back injuries can also contribute to further health issues later in life. 

Soft Tissue Injury

As the name implies, a soft tissue injury is related to the “soft” areas of the body, such as the muscles, tendons, and ligaments. For example, a sprained ankle is a soft tissue injury that’s the result of overextending the ligaments of the ankle joint. Muscle and tendon strains are also examples of soft tissue injuries, as are contusions (bruises). Whiplash is another common soft tissue injury.

Many car accidents cause soft tissue injuries that lead to pain, swelling, and stiffness. These are usually caused by the severe forces vehicle occupants experience in an accident, including the force from the seatbelt and/or airbag. X-rays don’t usually show soft tissue injuries, so doctors often use CT scans or MRI tests to diagnose these injuries. 

Shoulder Injury

Car accident victims often incur shoulder injuries from the force of the seatbelt and/or the airbags. Additionally, some accidents cause car occupants to strike the window, windshield, or dashboard, and the impact can cause injuries. Common shoulder injuries include fractures in the collarbone, shoulder blades, and upper arms. Car accidents can also cause shoulder dislocations and damage to the rotator cuff.

Knee Injury

While many car accident injuries affect the victim’s upper body (e.g. head, neck, chest, arms), knee injuries can also occur. One of the most common injuries that car accident victims experience is damage to the anterior cruciate ligament (ACL), which happens when the force of the accident causes extreme hyperextension of the knee and leg. These are common symptoms of an ACL injury:

• Swelling and severe pain
• Loss of range of motion
• Loud popping sensations in the knee
• Instability during movement

Other common car-accident-related knee injuries are kneecap fractures, dislocation, and damage to the muscles and cartilage around the knee.

Hip Injury

The extreme blunt force impacts in a car accident often cause fractures of the hip socket or other parts of the area. Not all hip injuries are fractures, however. Another common issue is bursitis, which is an inflammation of the fluid-filled sacs in the hip area. This type of inflammation can be extremely painful but might not show up right away after the accident. In some severe cases, surgery is necessary to treat bursitis.

Severe Burns

A catastrophic car accident may involve a vehicle on fire, which can cause burns to the occupants. However, severe burns can occur even when the car or engine doesn’t catch on fire. Car accident victims can be burned by steam, scalding liquids (such as oil), or the hot metal of the vehicle.

Burns can also be caused by the deployment of a defective airbag or exposure to a live electrical current. Many car accidents cause dangerous chemicals to leak out of their containers within the vehicle, so chemical burns can also occur.

Burns are categorized by severity:

• First-degree burn: affects the top layer of skin
• Second-degree burn: affects the second layer of skin and can include severe pain and blisters
• Third-degree burn: can cause permanent damage to nerves, tissues, and blood vessels

Severe burns may require time-consuming treatments, such as skin grafts and physical therapy. It’s important to see a doctor even for a minor burn, because you may need antibiotics or a tetanus shot to prevent infection.

Broken Bones and Fractures

The blunt forces and/or unnatural physical positions caused by a car accident often cause fractures in these areas:

• Clavicle
• Pelvic bone
• Legs
• Facial bones
• Sternum

Not all fractures are obvious, so it’s important to see a doctor who can use an X-ray to verify any broken bones.

Damage to Internal Organs

The physical trauma of a car accident can injure internal organs, such as the liver, spleen, and kidneys. Damage to these organs can have long-term health consequences. In many cases, surgery is necessary to repair or remove damaged internal organs. 

Internal bleeding can also occur after a car accident. Some potential signs of internal bleeding are fatigue, lightheadedness, abdominal pain, and feelings of cold or thirst.

Amputation

In some cases, a car accident can sever a finger or even an arm or leg. This is called “traumatic amputation” and can lead to lifelong health issues, even if the amputated limb or digit can be reattached. One study showed that head-on collisions were more likely than rollovers to cause traumatic amputation. Amputation of a digit or limb may also be performed by a doctor after a car accident if the area is so severely injured that recovery isn’t possible.

What to Do After a Car Accident

Some accident victims need to be taken to the emergency room immediately. If you can stay at the scene, however, you can start gathering information that may be crucial to your car accident claim.

Here are the steps you should take after a car accident:

1. Move your vehicle to safety: If your vehicle is still working and your injuries don’t prevent you from operating it, you should try to move your car out of the road. Secondary collisions can result in further serious injuries, so put as much distance between yourself and traffic as you can.
2. Call the police: You, your passenger, and/or the occupant of the other vehicle may have called 911 for emergency assistance. However, it is important to ask for the police as well. By law, the police must be called to the scene of any accident involving injuries or fatalities. Timely investigation by the police (i.e., immediately following the crash) can capture important details that may support your claim for compensation.
3. Take pictures of the accident scene: Using a camera or your smartphone, photograph the scene of the accident from multiple angles. Some of the most important details to capture include the damage to the vehicles, the license plate for each vehicle (and other identifying information, if your car was struck by a commercial vehicle), the area around the accident, and debris and road damage.
4. Exchange information with the driver: You will need the driver’s name, contact information, identifying information for the vehicle (year, make, and model), and insurance information. Documents such as the driver’s license and proof of insurance contain much of the information you need.
5. Speak to nearby witnesses: If anyone saw the accident, ask them to share what they observed. Make note not only of their statement but how to reach them.
6. Provide a statement to the police officer: If you called for the police to come to the scene, it is important to comply when the officer asks for your statement. Be truthful in your answers, but be cautious not to say anything that may suggest you were responsible for the accident. Stick to the facts!

You will need to take additional steps in the days and weeks to come. In Wisconsin, accidents involving injuries, fatalities, and/or property damage of $1,000 or more must be reported immediately to the police department, the sheriff’s department or the traffic department of the county or municipality in which the accident occurred or to a state traffic patrol officer (see Wisconsin Statute §. 346.70(1). You will also need to notify your insurance company of the accident (check your insurance policy for requirements). In addition, it is important to keep any appointments you have with doctors, specialists, physical therapists, and other healthcare providers to receive care for your injuries.

Finally, you should contact the car accident lawyers at Boller & Vaughan as soon as possible. An experienced attorney can review the facts in your case, examine your insurance coverage, and discuss your options for pursuing compensation for your injuries.

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What NOT to Do After a Car Accident

Just as there are steps accident victims can take to help their case, there are also missteps that should be avoided at all costs. Doing or saying the wrong thing can limit your ability to recover the compensation you deserve. In some cases, you may be entirely barred from seeking damages.

Keep the following in mind:

1. DON’T admit fault: Whether you are talking to the other driver, the police, or any representative of an insurance company, it is crucial to avoid saying you caused the accident. Investigation may reveal that a host of factors caused the crash, but an admission of fault is difficult to overcome.
2. DON’T wait to see a doctor: Delays in seeking medical attention aren’t just dangerous for your health. Waiting to get care also gives insurance companies a reason to contest the seriousness of your injuries and the damages you claim.
3. DON’T speak to insurance adjusters: You are required to notify your own insurance company of the accident, but you are not obligated to make a statement. The same is true of adjusters for the at-fault driver’s insurance carrier, with whom you should not speak except to refer them to your car accident lawyers.
4. DON’T talk about the accident online: Insurance companies scrutinize the social media accounts and other online activity of claimants. If you post information on the Internet that contradicts the details of your claim, insurers will use this against you.
5. DON’T wait to hire a lawyer: If you have been seriously injured or lost a loved one in a car accident, handling the claim on your own will be extremely difficult. Experienced car accident lawyers can ease your burdens and allow you to focus on recovery instead of the intricacies of your legal matter.

Once you hire an attorney, it is important to stay in regular communication. Be forthcoming about prior accidents and injuries, share details of any bills you receive, and be honest about your condition (i.e., pain you experience, difficulties performing everyday tasks, etc.). Your lawyer should regularly communicate with you as well, updating you on the status of your case and advising you of settlement offers and other developments.

Car Accident Compensation

The damages you may be able to recover after a car accident are contingent on the specific losses you incur. Car accident lawyers can assess the evidence to determine how much compensation you may be entitled to in your case.

You may be able to recover compensation for the following losses in a car accident claim:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Medical-related travel, home and vehicle modifications, assistive devices, and other expenses you pay out of pocket
• Pain and suffering
• Disfigurement and scarring
• Disability
• Loss of enjoyment of life

If your loved one died in an auto accident, you and your family may be entitled to compensation in a wrongful death claim. Wrongful death damages may include:

• Funeral and burial expenses
• Loss of economic support, including anticipated income, benefits, etc.
• Loss of inheritance
• Loss of consortium (damages related to the loss of intimacy and household services the surviving spouse previously enjoyed)
• Loss of parental guidance (damages for the loss of support, nurturing, and other aspects of the parent-child relationship the surviving children would otherwise have been able to enjoy)
• Medical expenses for treatment provided prior to death

Punitive damages may also be awarded in personal injury and wrongful death claims involving car accidents. These damages do not compensate you directly for your losses. Instead, the court has the discretion to award punitive damages in cases where the defendant’s actions are deemed egregious or malicious.

How Long Does a Car Accident Settlement Take?

Patience is crucial as your car accident claim progresses. The complexity of your claim, the willingness of insurance companies to negotiate, and whether or not your case goes to trial can all impact how long it takes to recover compensation.

Generally, hiring experienced car accident lawyers results in a more timely resolution than if you try to handle the case on your own. Your attorney will prepare a strong case and negotiate with the insurance company (or companies, if more than one party is liable) on your behalf.

Even with legal representation, it can take several months to negotiate a fair car accident settlement. It may be tempting to accept a low offer and get money to start paying your bills, but it is also important to think long-term. You shouldn’t have to pay the future costs associated with your injuries if someone else caused the accident.

In the event that the insurance company won’t compensate you fairly, it may be necessary to file a lawsuit and take your case to trial. Depending on the court docket (the schedule of cases before the court), it may take over a year before your case goes to trial. 

Going to court is a daunting prospect, but having an experienced attorney who can prepare your case for trial and advocate effectively on your behalf increases the likelihood of a favorable result.

Contact Our Madison Car Accident Lawyers Today

A car accident can have devastating consequences for the victim and their family members. Many car accident injuries have life-long symptoms, including disability and reduced income. At Boller & Vaughan, we take the time to get to you and understand how your injuries have affected your life and your family. We use this information to present a compelling case to the jury so they can make a fair decision about damages.

Madison car accident lawyers Matthew Boller and Michele Vaughan are dedicated to helping injury victims and their families throughout Wisconsin. We can help you figure out how to file a legal claim to pursue damages for physical injuries and emotional pain, and we only charge a fee if we help you recover monetary damages.

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If you or a loved one has been injured or killed in a car accident, contact the car accident lawyers at Boller & Vaughan to schedule a FREE consultation. You can reach us at (608) 268-0268 or contact us online for a FREE case review.

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