How Truck Accident Cases Work in Wisconsin? Things You Must Know

Large trucks account for roughly 9% of all fatal crashes. Here’s how truck accident cases work in Wisconsin.

What to Expect After a Truck Accident

The major points in a trucking accident will involve an investigation and insurance claim.


Initial Investigation

Authorities will document the scene and gather evidence to create the official police report.


Insurance Claim

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


Proving Negligence

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.

Liability in Truck Accident Cases


The trucking company that employed the truck driver is the primary party that will be investigated.

Trucking Company


The truck’s owner may be different from the trucking company – and could be a liable party if there is a mechanical failure.

Truck Owner


The truck driver can be held liable if they were negligent, - Driving under the influence - Texting while driving - Exceeding the regulated driving hours

Truck Driver


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.

Government Agencies


If another driver forces the truck driver to make a maneuver that caused the accident, that driver can be held accountable.

Other Drivers


If multiple parties are involved in the accident, each party’s liability will be determined via a percentage.

Comparative Negligence


There are three types of damages in truck accident cases: 1. Economic damages 2. Non-economic damages 3. Punitive damages

Damages in Trucking Accident Cases


These would include: - Medical bills - Future medical treatment (estimates) - Property damage - Lost wages

Economic Damages


These include: - Pain and suffering - Reduced quality of life - Loss of companionship

Non-Economic Damages


Punitive damages are meant to punish the responsible party for reckless or intentional behavior.

Punitive Damages


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.

Settlement vs. Trial


There is a three-year statute of limitations to pursue truck accident cases in Wisconsin – under section 893.54.

Statute of Limitations


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.

Hiring a Truck Accident Lawyer

Read the full post to learn more about Wisconsin truck accidents.

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