WISCONSIN GUIDE 17
Wisconsin Comparative Negligence & Crash Liability
Wisconsin uses modified comparative negligence under Wis. Stat. § 895.045. A claimant may recover against a person when the claimant’s negligence is not greater than that person’s negligence; damages are reduced in proportion to the claimant’s negligence. Wisconsin compares the claimant’s negligence separately against each person found causally negligent.
- A 50/50 comparison with a particular tortfeasor does not bar recovery against that tortfeasor; claimant negligence greater than that person’s negligence does.
- Because comparison is made separately against each causal tortfeasor, multi-defendant allocation requires careful analysis.
- Preserve vehicle data, photographs, video, witness accounts and roadway evidence before negligence is allocated.
- Evaluate joint-and-several-liability consequences separately under the current statute.
Primary Wisconsin Source
Wis. Stat. § 895.045 — Comparative Negligence
Current-law review: September 16, 2026. Wisconsin’s person-by-person comparison is important in crashes involving multiple tortfeasors.
VictimsGuide 