If you have been injured or experienced damage after an underride crash, you likely want to pursue compensation, as it can be vital for healing and recovery. To increase your chances of getting the compensation you need, you should first ask, “Who is liable in an underride truck crash in Wisconsin?”
The answer to this question isn’t as simple as it may seem. You may want to hire an underride accident lawyer, such as Craig Steger, to figure out liability and pursue compensation.
Determining Fault in Wisconsin Underride Accidents
Liability in accidents involving large trucks can be more complex than with smaller cars. This is because these trucks may be owned by companies, and they have unique regulations that affect who can be held liable.
Unfortunately, these accidents are not uncommon in Wisconsin. Our state ranked 33rd for per-capita large truck accidents, and it saw over 6,800 crashes involving commercial motor vehicles in 2024.
Proving fault will involve collating evidence from several sources, such as:
- Personal photos
- Dashcams
- Police reports
- Bystander photos or statements
- Traffic cameras
It’s a complex process, and more than one person can be at fault. In underride accidents, parties commonly held liable include:
- The driver. Whether through distracted driving or unsafe decisions, truck drivers can contribute to underride accidents.
- The driver’s employer. Often, employers of truck drivers take on some or all the liability for accidents their employees cause. They can also be held liable for hiring a driver with a bad record or making other negligent decisions.
- The owner of the truck. When a trucker is an independent contractor or the truck is loaned to a company, the owner can also be held responsible for liabilities caused by the vehicle.
- Maintenance providers. Improper maintenance on large trucks can make accidents more likely, and these people can be held responsible.
Because of the many parties who may be involved, you could be dealing with multiple insurance companies and overlapping claims. An attorney who understands Wisconsin’s underride accident laws can approach this situation with knowledgeable insight.
Compensation You Might Be Eligible For
Motor vehicle accidents can result in many types of damage, each of which has the potential to be compensated by the liable party. Crashes on I-41 or in a loading dock are likely to cause different damages based on speed, location, and other drivers.
The most common are injuries, which cause an average of 2,806 hospitalizations in Wisconsin each year. When you’re injured in a crash, you might seek compensation for:
- Current medical bills
- Future surgeries, rehabilitation, or other medical care
- Lost wages due to being unable to work
Your ability to pursue full compensation will rely on keeping documentation of all costs that are incurred due to the accident. When you see a medical provider afterward, make sure they know you are coming in because of a crash. Keeping these records now will save you trouble later.
Of course, especially in an underride accident, your car could be damaged or even totaled. Compensation for this should come from the insurance providers of the parties who are found responsible. This also involves carefully evaluating the damage to your vehicle. You may have to argue with an insurance company that wants to pay you less than the damage costs.
These aren’t the only losses you could seek compensation for. Others include:
- Out-of-pocket expenses for necessary modifications
- Loss of earning capacity due to long-term injuries
- Pain and suffering or emotional damages
- Cosmetic reconstructions due to disfigurement or scarring
- Wrongful death due to negligence
FAQs
Is Wisconsin a No-Fault State for Accidents?
No, Wisconsin is not a no-fault state for accidents. Instead, it operates on a system of comparative negligence, which determines what percentage of the blame each party should hold. Designating this blame is vital to figuring out who pays compensation and how much. In other words, to successfully seek compensation, you will need to prove fault, ideally by hiring a Wisconsin underride accident attorney.
What Is Underride Protection?
Underride protection refers to any equipment or vehicle modifications that can prevent underride accidents from occurring. The most common are underride guards, which can be placed on a truck to block cars from sliding under them. Many trucks are required to at least have guards on the rear end of the truck.
How Long Do Underride Accident Claims Take?
The time it takes to resolve an underride accident claim can vary from case to case. In general, it can take many months to prove fault, negotiate with insurance providers, and obtain compensation. Insurance companies may work against you, but you can hire an underride accident lawyer to develop a strong legal strategy for your underride accident case.
Do Truck Drivers Have to Pay All Damages From an Underride Collision?
While a truck driver may be required to pay some of the damages after an underride collision, they often don’t have to pay all of them. Other parties, like their employer, may also be held responsible. Comparative negligence laws could also mean that you are not entitled to 100% of the damages if you were partially responsible for the accident.
Hire an Underride Accident Lawyer Today
Whether they occur on the busy roads of Madison or while visiting Mineral Point, underride accidents in Wisconsin are complicated affairs. You might be dealing with significant injuries, major damage to your vehicle, and other stressors after a crash. Because of this, trying to prove fault on your own can be a big challenge.
Hiring Craig Steger means having an attorney who gets your situation. He has been named a Super Lawyers Rising Star for three years and has over 20 years of experience in representing clients like you. *
The sooner you get legal advice for your case, the stronger they can make your strategy. Contact our office today to tell us more about your case and learn the many ways we can pursue the compensation you deserve.
*Awards and recognitions are not a guarantee of future results. Selection criteria vary by organization.
