What should I do after a traffic accident in Wisconsin?

Stop immediately, call 911 if anyone is injured, exchange information, document the scene with photos, and report the accident if damage exceeds $1,000 or any injury [§ 346.70].

When do I need to report a traffic accident in Wisconsin?

You must report an accident if damage exceeds $1,000 or any injury [§ 346.70], if anyone is injured or killed, or if the other driver leaves the scene. Failure to report can result in additional penalties.

Is Wisconsin a fault or no-fault state?

Wisconsin is a At-fault (modified comparative fault — 51% bar) state. This means the at-fault driver's insurance typically pays for damages. Under comparative negligence, your recovery may be reduced by your percentage of fault.

Should I hire an attorney after a traffic accident?

If you suffered injuries, significant property damage, or if fault is disputed, consulting an attorney is advisable. Most personal injury attorneys offer free consultations and work on contingency (no fee unless you win).

Topic guideUpdated 2026-02-27

Wisconsin Traffic Accidents — Reporting & Legal Rights

Q: How long do I have to file a lawsuit after an accident in Wisconsin?

The statute of limitations for personal injury claims from a traffic accident in Wisconsin is 3 years for injuries to the person, including injuries arising from a motor vehicle accident; 2 years for death arising from a motor vehicle accident. Property damage claims may have a different deadline. Missing the deadline means you lose the right to sue.

Accident reporting requirements, fault system, statute of limitations, and insurance claims in Wisconsin.

If you are involved in a traffic accident in Wisconsin, you have specific legal obligations and rights. Wisconsin is a At-fault (modified comparative fault — 51% bar) state for accident liability §346.70.

What to Do After an Accident

Stop immediately — leaving the scene is a criminal offense

Call 911 if anyone is injured or if damage exceeds $1,000 or any injury

Exchange information with the other driver (name, insurance, license)

Document the scene with photos and notes

Report the accident to law enforcement if required §346.70

Seek medical attention even for minor injuries

Notify your insurance company promptly

Accident Reporting Requirements

You must report an accident in Wisconsin if damage exceeds $1,000 or any injury or if anyone is injured or killed §346.70.

Fault and Insurance

Wisconsin follows a At-fault (modified comparative fault — 51% bar) system:

	Wisconsin Rules
Fault System	At-fault (modified comparative fault — 51% bar)
Reporting Threshold	$1,000 or any injury §346.70
Statute of Limitations	3 years for injuries to the person, including injuries arising from a motor vehicle accident; 2 years for death arising from a motor vehicle accident for personal injury

Statute of Limitations

You have 3 years for injuries to the person, including injuries arising from a motor vehicle accident; 2 years for death arising from a motor vehicle accident from the date of the accident to file a personal injury lawsuit in Wisconsin under the Statute of limitations. Property damage claims may have a different deadline.

✓Even if you think you were partially at fault, consult an attorney. Wisconsin's At-fault (modified comparative fault — 51% bar) system may still allow you to recover damages depending on the circumstances.

Prepare for Your Consultation

Quick checklist (Traffic Violations)

Gather these before your first consultation.

Traffic citation copy

(date, location, violation code)

Driving record / MVR

(point history, prior violations)

Insurance and registration

(proof of coverage, vehicle reg.)

General preparation tips only. Specific needs depend on your state and violation type.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Wisconsin attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions