The New York Police Department was sued by a man who was run over while crossing with the light in the crosswalk. The striking squad car was driven by a police officer talking on the phone.
Incredibly, when answering the complaint, the NYPD claimed that the man “caused or contributed” to his own death.
What?
In nearly every case, the defendant driver will answer the complaint by claiming that the victim caused their own accident in whole or in part. Why? Wisconsin law requires that if there is going to be a claim for contributory negligence in a case, it must be plead in the answering pleading. In most cases, the lawyers for the defendant don’t know one way or another if the plaintiff (victim) was in any way at fault, so they plead it every time.
This can be very disheartening for the innocent victim. Many people take such accusations very personally. However, it is rarely personal – rather a requirement of our civil procedure in Wisconsin. When push comes to shove, most defendants will admit liability against an innocent plaintiff and focus their attention on the damages (trying to reduce them) rather than one the liability (who is at fault).
We are prepared to any of these strategies by the defendants. It is part of our representation to make certain our clients are aggressively protected from spurious allegations of contributory negligence when they have done nothing to cause the accident.
