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.
A
Authorities will document the scene and gather evidence to create the official police report.
1
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
2
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
B
There are more potential parties involved in trucking accident cases than many assume.
C
The trucking company that employed the truck driver is the primary party that will be investigated.
1
The truck’s owner may be different from the trucking company – and could be a liable party if there is a mechanical failure.
2
The truck driver can be held liable if they were negligent, - Driving under the influence - Texting while driving - Exceeding the regulated driving hours
3
The truck’s manufacturer may also be held liable if there was a mechanical failure due to a defect caused in the factory.
4
Government agencies may be liable if they failed to properly maintain the road or have inadequate signage that contributed to the accident.
5
If another driver forces the truck driver to make a maneuver that caused the accident, that driver can be held accountable.
6
If multiple parties are involved in the accident, each party’s liability will be determined via a percentage.
7
There are three types of damages in truck accident cases: 1. Economic damages 2. Non-economic damages 3. Punitive damages
D
These would include: - Medical bills - Future medical treatment (estimates) - Property damage - Lost wages
1
These include: - Pain and suffering - Reduced quality of life - Loss of companionship
2
Punitive damages are meant to punish the responsible party for reckless or intentional behavior.
3
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.
E
There is a three-year statute of limitations to pursue truck accident cases in Wisconsin – under section 893.54.
F
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.