Liability is not always clear after a trucking accident. This post explains how liability is determined in Wisconsin truck accidents.
Truck drivers have a duty of care to drive safely and not put others in danger. If they breach this “duty of care” and cause and accident, they may be considered liable.
Comparative negligence is when multiple parties share liability in a trucking accident. This is very common.
There are many, many factors that influence liability in a truck accident case. Some of the major ones include:
Speeding, disobeying traffic signals, driving recklessly, driving under the influence of drugs or alcohol, etc., contribute significantly to liability.
Trucking companies are expected to keep their vehicles in good, working order – and can be held liable if a maintenance issue caused the accident.
Weather and road conditions are out of a driver’s control – but they are still expected to adjust to compensate for the conditions.
Evidence takes many forms in a trucking accident, including: · The police report · Photos of the accident scene · Video footage (from traffic cameras) · Eyewitness testimonies · Logbooks from the trucking company · Maintenance records · Medical assessments
There can be many different angles to a trucking accident – and liability can potentially fall on many different parties, including:
Trucking companies will be investigated to see if they hired an insufficiently skilled driver, neglected appropriate truck maintenance, or encouraged the driver to breach regulations.
Drivers may be held liable if they were reckless, violating mandated driving hours, driving under the influence, or any other behavior that resulted in a crash.
If the truck accident was caused by insufficient maintenance, the owner may be held liable.
Mechanical failures – traced back to a manufacturing error – can leave the auto brand that built the truck liable.
If government agencies failed to provide proper signage or maintain the road, they may be held liable for a trucking accident.
If another driver makes a mistake that caused the trucking accident, they may be held liable.
Victims that try to represent themselves almost always end up getting short-changed in negotiations. A skilled attorney is key in getting the compensation you deserve.
Read the full post to learn more about Wisconsin truck accident liability.