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By Paul Benson February 1, 2026
Why Is It Crucial To Reach Out To A Lawyer Soon After An Accident? Contacting a lawyer promptly after an accident is vital to preserve crucial evidence from the accident scene. Evidence like skid marks, surveillance videos, and witness statements can disappear quickly. By involving a lawyer early on, you ensure that all necessary evidence is collected and preserved, which can significantly impact the outcome of your case. Why Do Some People Delay Contacting A Lawyer After An Accident? Many individuals delay contacting a lawyer due to the misconception that they are not "lawsuit people." However, when faced with insurance companies refusing to compensate them fairly, they realize the need to protect their rights. By waiting to involve a lawyer, important evidence may be lost, such as video footage or witness accounts, which can weaken their case significantly. What Are The Potential Problems Individuals Face When Insurance Adjusters Reach Out Early? Insurance adjusters often aim to elicit statements that downplay the severity of injuries or shift blame away from their policyholders. By recording conversations and obtaining seemingly innocuous statements, they can later use discrepancies to undermine a claim. Consulting with a lawyer before engaging with insurance adjusters is crucial to avoid inadvertently harming your case. What Key Evidence Can Be Lost If Individuals Wait Too Long After An Accident To Seek Legal Counsel? Delaying legal representation can result in the loss of crucial evidence such as video footage, debris placement at the scene, and witness recollections. Additionally, timely medical documentation is essential for accurately assessing and documenting injuries. Without early involvement, individuals risk missing out on vital evidence that could strengthen their case. How Does The Timing Of Medical Bills And Documentation Impact An Insurance Company's Evaluation Of A Claim? In Wisconsin, the timing of medical bills and documentation is critical due to the collateral source rule. Health insurance coverage may pay medical bills upfront, but individuals can still recover the full amount from the at-fault party's insurance. However, delays or discrepancies in submitting bills can lead to reduced compensation and financial risks for the injured party. What Tactics Do Insurance Companies Employ To Settle Claims Quickly Without Individuals Fully Understanding The Implications? Insurance companies may use tactics like sending blank medical releases or offering immediate settlement checks to expedite claim resolutions. Individuals may unknowingly sign away their rights or settle their claims prematurely, leading to potential long-term repercussions. It is essential to seek legal guidance to navigate these tactics and ensure fair compensation for injuries. What Steps Should Individuals Take After A Minor Accident To Protect Their Legal Rights? After a minor accident, individuals should document the scene thoroughly, report the incident to their insurance company, and consider seeking a legal consultation. It is crucial to accurately relay their version of events to the police, report any injuries promptly, and consult with a lawyer to understand their rights and potential legal options. Is It Advisable For Individuals To Seek Medical Evaluation After A Minor Accident Even If They Feel Only Minor Discomfort? Yes, it is recommended for individuals to undergo a medical evaluation after a minor accident, even if they experience minor discomfort. Prompt medical assessment can uncover hidden injuries that may worsen over time if left untreated. By seeking timely medical attention, individuals protect their health and establish a documented record of injuries for potential legal claims. What Are Some Early Moves Insurance Companies Make That Individuals Should Be Cautious About Following An Accident? Insurance companies may attempt to obtain blanket medical releases or offer immediate settlement checks to expedite claims processing. These tactics can lead to individuals inadvertently signing away their rights or settling for inadequate compensation. It is crucial to seek legal guidance to navigate such tactics and protect one's legal rights effectively.
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A car has been damaged in a snowy accident.

What You Should Know About Winter Driving Accidents

Wisconsin winters can be harsh – and driving conditions can be treacherous. Following all safety precautions is essential when there’s winter weather in the air and on the ground. However, even the most experienced and cautious drivers can end up in an accident. It is crucial to be aware of your rights after a car accident caused by winter weather. 


Navigating the legal system can be difficult when the case is straightforward, but when winter weather is involved, it can become even more complicated. Working with a proficient personal injury attorney can help you make the right decisions to secure the best outcome for you. At my firm, The Paul Benson Law Firm, I bring two decades of experience and knowledge of insurance law, personal injury law, and extensive trial background. I proudly represent clients in Janesville, Wisconsin, Beloit, and Rock County, Wisconsin. 

Wisconsin is a Fault State 

Each state has its own laws regarding who must pay for the damages caused by an accident. In Wisconsin, an at-fault state, the person or entity who was at fault for the accident is responsible for paying for the damages. Usually, this payment is made through their insurance policy. 


Wisconsin is also a comparative fault state. Under this rule, if you are 51% or more at fault for the accident, then you cannot seek compensation. However, if you are less than 50% at fault for the accident, then the percentage that the accident was your fault will be deducted from your compensation. For example, if you were going to receive an award of $10,000, but you were found to be 10% at fault for the accident, then you would only receive $9,000. 

Liability for Weather-Related Negligence 

Who is liable for an accident caused by snow? What about an accident caused by ice or winter weather? The answers to these vital questions depend on the facts of your particular case. The court will take into account your driving behavior before the accident. The following three winter weather driving practices can affect how liability is determined. 

  • Speed

    When there’s snow or ice on the ground, drivers need to slow down. Driving at the speed limit may not be safe, and driving over the speed limit in winter weather conditions is almost certainly dangerous. If the driver who caused the accident was speeding in winter conditions, it may be easier to prove liability. 

  • Reckless and Careless Driving

    Similarly, driving recklessly is more likely to cause an accident during the winter. Not using the turn signal, not coming to a complete stop, or otherwise violating traffic laws is especially dangerous during the winter. If the driver who caused the accident was driving carelessly, it may be simpler to show that they should be liable. 

  • Following Too Closely

    Following the driver in front of you too closely in good weather can cause problems, so it’s clear how dangerous it is in winter weather. Make sure you leave enough space between your vehicle and the one in front of you because it takes longer to stop in winter conditions. If the driver who caused the accident was following you or another vehicle too closely, proving liability can be more straightforward. 

Wisconsin Car Safety Laws 

In addition to following winter weather driving best practices, it’s critical to be aware of Wisconsin’s safety laws. 

Chain Law 

Wisconsin drivers are allowed to use tire chains to gain traction on slippery roads. However, those chains must be of reasonable proportions (and they must not be so large that they damage the road). Signage will indicate where tire chains are needed and required on rads with higher elevations. 

Minimum Tire Tread 

Driving without adequate tire tread could lead to an accident. The tread depth of both front and rear tires must be at least 2/32 inches. 

Tips for Driving in the Winter 

Take action to protect yourself and prevent accidents when you need to drive in winter weather. Follow these winter weather driving tips: 

  • Keep an eye out for emergency vehicles and snowplows on the road. 
  • Drive at a reasonable speed and slow down whenever you are unsure of road conditions. 
  • Keep your headlights turned on in snowy conditions. 
  • Give yourself plenty of time and space to brake. 
  • Maintain your vehicle in proper condition. Check that it is in compliance with all Wisconsin laws, including your tire treads. 
  • Leave plenty of space between your vehicle and the vehicles in front of you. 

Turn to Trusted Legal Assistance 

While you can take all the necessary steps to protect yourself, that doesn’t stop another driver from acting recklessly. A careless driver’s behavior can lead to a serious accident, expensive medical bills, and losing income due to missed time at work. Take steps to seek the compensation you need after a car accident due to winter weather. 


I can help you decide on the best course of action. I bring my decades of legal experience, aggressive advocacy style, and knowledge of insurance law to each of my client's cases. My firm -- The Paul Benson Law Firm -- proudly represents clients in Janesville, Wisconsin, Beloit, Wisconsin, and throughout Rock County. Contact me today to request a consultation.