Large trucks account for roughly 9% of all fatal crashes. Here’s how truck accident cases work in Wisconsin.
The major points in a trucking accident will involve an investigation and insurance claim.
Authorities will document the scene and gather evidence to create the official police report.
Your insurance company and that of the truck driver will initiate their own investigations based on: - The police report - Vehicle damage - Interviews of witnesses and policy holders - Accident recreationists
The process of proving negligence in truck accident cases involves: - Establishing the duty of care - Demonstrating the duty of care was breached - Explaining the causation of this breach of care - Damages suffered by the victim
There are more potential parties involved in trucking accident cases than many assume.
The trucking company that employed the truck driver is the primary party that will be investigated.
The truck’s owner may be different from the trucking company – and could be a liable party if there is a mechanical failure.
The truck driver can be held liable if they were negligent, - Driving under the influence - Texting while driving - Exceeding the regulated driving hours
The truck’s manufacturer may also be held liable if there was a mechanical failure due to a defect caused in the factory.
Government agencies may be liable if they failed to properly maintain the road or have inadequate signage that contributed to the accident.
If another driver forces the truck driver to make a maneuver that caused the accident, that driver can be held accountable.
If multiple parties are involved in the accident, each party’s liability will be determined via a percentage.
There are three types of damages in truck accident cases: 1. Economic damages 2. Non-economic damages 3. Punitive damages
These would include: - Medical bills - Future medical treatment (estimates) - Property damage - Lost wages
These include: - Pain and suffering - Reduced quality of life - Loss of companionship
Punitive damages are meant to punish the responsible party for reckless or intentional behavior.
The vast majority of truck accident cases are settled out of court. If all parties cannot come to an agreement about compensation, the case may go to trial.
There is a three-year statute of limitations to pursue truck accident cases in Wisconsin – under section 893.54.
Trying to negotiate a settlement without an attorney almost always ends poorly. The last thing you want is to face large medical bills and other expenses for an accident that was not your fault.
Read the full post to learn more about Wisconsin truck accidents.
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