Truck accidents can be devastating for everyone involved. These crashes are often more dangerous than collisions between passenger cars due to the sheer size of the average truck. Serious injuries can have long-term effects, impacting your quality of life. But who is liable in a truck accident in Wisconsin? Working with an experienced Wisconsin truck accident attorney can help you identify who is at fault.
Identifying Negligence and Liability in Your Truck Accident Claim
Following a truck accident, you need to identify liable parties and establish their negligence in order to pursue compensation. To prove negligence in your truck accident claim, you and your lawyer must demonstrate the following four elements:
- Duty of Care: Duty of care refers to someone’s responsibility to keep others from suffering harm. All drivers have an inherent duty of care to drive safely. In truck accident cases, other parties also have duties of care. A mechanic has a duty to perform proper upkeep, a trucking company has a duty to ensure drivers follow the federal hours-of-service, and so on.
- Breach of Duty: When someone doesn’t fulfill their duty of care, they’ve committed a breach of duty in Wisconsin. A driver getting behind the wheel while intoxicated, a mechanic improperly repairing brakes, and a trucking company pressuring a driver to exceed their hours of service all count as a driver breaching their duty.
- Causation: However, breaching a duty of care isn’t enough to give someone grounds for a legal claim. That breach must have directly or indirectly led to an accident and your injuries. For example, if a truck’s brakes fail and it hits another car, the mechanic’s breach of their duty likely caused the accident.
- Damages: The final element of proving liability is showing that damages occurred as a direct result of the accident. You must show that you’ve incurred losses, which can include medical bills, property damage, lost wages, pain and suffering, and more.
Who Can Be Held Liable for a Truck Accident in Wisconsin?
With 4,354 fatalities caused by truck accidents in 2023, the importance of holding liable parties responsible for their actions cannot be overstated. Depending on the circumstances of your accident, multiple parties could be at fault. Liable parties in truck accidents can include:
Truckers and other motorists
- Trucking companies
- Vehicle maintenance companies
- Truck manufacturers
- Local municipalities
Understanding Wisconsin’s Modified Comparative Negligence System
When it comes time to assign fault in a Wisconsin truck accident case, it’s essential to know how the state’s modified comparative negligence system will impact your claim. In Wisconsin, you can still recover compensation after an accident as long as you’re less than 51% at fault. However, if you do share fault, your award will be reduced by your share of liability.
For example, if you’re awarded $10,000 for your accident but are assigned 20% of the fault, you can only receive $8,000. That’s why it’s important to work with a truck accident lawyer. They can collect evidence to show which parties are at fault while working to make sure your share of liability remains as low as possible.
Why Trust Craig Steger With Your Wisconsin Truck Accident Case
Wisconsin averages 7,000 truck accidents per year. As an accident victim, you want an experienced attorney with extensive legal knowledge and a long track record of success. That’s why you should choose Craig Steger. Craig Steger is a dedicated personal injury lawyer who advocates for the rights of injured Wisconsin residents. He can negotiate with insurers, collect evidence to strengthen your claim, and secure a fair settlement on your behalf.
Countless Wisconsin residents trust Craig Steger with their truck accident claims because he also has firsthand experience behind the wheel of a truck. He holds a Class A CDL with air brakes and manual transmission endorsements. He couples that background with over 20 years of experience managing truck accident cases in Wisconsin.
FAQs
Who Can Be Held Liable for a Truck Accident in Wisconsin?
It’s impossible to say who’s liable for a truck accident in Wisconsin without investigating the crash. Even if liability seems clear-cut, it’s rarely straightforward due to comparative negligence laws. Truck drivers and other motorists are often the main parties at fault, but trucking companies, manufacturers, mechanics, and municipalities could also share some liability. Work with an experienced attorney to help you investigate the accident and determine who is at fault.
How Much Does It Cost to Hire a Truck Accident Attorney in Wisconsin?
The cost of hiring a truck accident attorney in Wisconsin varies case by case. Many personal injury attorneys work on a contingency fee basis, which means they collect a percentage of your award as their payment. If you don’t recover compensation, you may not pay anything. You can speak with your lawyer during your initial consultation to learn about their fee structure. Generally, the more complex your case, the more an attorney may charge.
Is Wisconsin a No-Fault State for Truck Accidents?
No, Wisconsin is not a no-fault state for truck accidents. In a no-fault system, drivers file claims with their own insurance companies for injuries and property damage when they’re in an accident. However, Wisconsin follows a modified comparative negligence system, which allows motorists to recover compensation from the liable parties even if they share some of the fault, so long as it’s less than 51%.
Can You File a Truck Accident Claim in Wisconsin If the Trucking Company Is Based Out of State?
If a trucking company is based outside of Wisconsin, it is still bound by state laws if its truckers are operating across state lines. However, recovering compensation may be more challenging. You may have to account for federal trucking laws in these cases, and deciding which venue to file a case with requires careful planning. That’s why it’s wise to work with an attorney to help you investigate the accident and determine the most effective path forward.
Hire a Truck Accident Lawyer in Wisconsin: Contact Craig Steger Today
After a truck accident in Wisconsin, it’s essential that you identify all the liable parties so that you can pursue a full and fair settlement. You should hire a truck accident lawyer to help you investigate the crash and determine who is at fault. Craig Steger can be your trusted ally throughout the legal process, making sure your rights are protected and that you aren’t taken advantage of by manipulative insurance companies. Contact Craig Steger today to schedule your initial case consultation and learn more about our trusted truck accident services.
