Determining who is liable in a truck accident can be a challenge. These complicated cases often involve many potentially responsible parties, from the truck driver and their employer to the truck’s manufacturer and maintenance companies. Sorting through the evidence to identify who bears legal responsibility for the crash requires time, substantial resources, and experience with truck accident claims.
That’s what we bring to the table at Schwaba Law Firm. We’ve represented Wisconsin’s injured since 2010 and have proven ourselves as effective, dedicated advocates. Our Wisconsin truck accident lawyers have recovered millions for our clients through their understanding of truck accident laws and attention to detail. We can handle all the legal work while you concentrate on healing. Call now or complete our contact form for a free consultation.
Overview of Wisconsin Truck Accident Laws
Wisconsin truck accident cases center on proving liability and negligence. Liability means showing that someone – like a truck driver, trucking company, or manufacturer – is legally responsible for causing the crash. Negligence happens when someone injures another person or damages their property because they didn’t take reasonable steps to prevent the crash.
Another critical law that can affect a truck accident claim is Wisconsin’s comparative negligence rule, which allows victims to recover compensation if they are partly responsible for a truck crash as long as their share of fault is not greater than the other party’s. However, their compensation will be reduced based on their percentage of fault.
There are also specific state laws regulating truck operations. For example, Wisconsin law establishes specific weight limits for trucks. So, if someone overloaded a truck and made it unstable, the fact that they broke the law could be evidence of negligence.
Finally, you must file a truck accident lawsuit within a legally mandated deadline, usually three years after the crash date. Missing this deadline means you likely won’t recover any compensation.
Who Can Be Held Liable in a Truck Accident?
One particularly complicated element of Wisconsin is that multiple parties can (and often do) share responsibility for a crash. Depending on the crash’s cause, the potentially liable parties include:
- The truck driver
- The trucking company
- The truck’s manufacturer
- Parts manufacturers
- Cargo loaders
- Maintenance companies
- Government agencies
How Is Liability Determined in a Wisconsin Truck Accident?
You can’t simply say a truck driver or someone else is liable for a truck crash and recover compensation. You must support your claim with evidence showing how someone’s careless or dangerous actions caused the collision and your resulting injuries. Some evidence your lawyer might use to support your claim includes:
- Accident Scene Photos and Videos – Pictures of vehicle damage, skid marks, road conditions, and injuries can help recreate how the crash happened and who may be responsible. These pictures can also show the force and angle of impact, which may indicate who caused the crash and support the severity of your injuries.
- Police Reports – Official accident reports often contain vital details about who the officer believes caused the collisions, witness statements, traffic violations, and whether the truck driver received any citations for breaking traffic laws.
- Black Box Data – Many commercial trucks have electronic control modules that record the vehicle’s speed, braking patterns, and other critical information. This data can help prove that the truck driver was speeding, driving aggressively, or being otherwise careless.
- Driver Logs and Employment Records – Reviewing the truck driver’s hours-of-service logs can reveal violations of federal and state rest requirements. Similarly, their employment records might show improper training or a history of safety issues.
- Maintenance and Inspection Records – Poorly maintained trucks are a significant safety hazard. Maintenance logs and other trucking company records can show whether mechanical failures, like worn brakes or tires, contributed to a crash.
- Eyewitness Testimony – Statements from people who saw the crash can strengthen your version of events and help counter any false claims by the truck driver, trucking company, or other parties involved.
Examples of Truck Accident Liability in Wisconsin
There are many ways a truck crash can happen. Figuring out what occurred requires careful analysis and attention to detail. Here are a few examples of how a truck driver, truck manufacturer, or other party can cause a collision:
- A truck driver falls asleep at the wheel after skipping required rest breaks. Fatigue causes the driver to drift across lanes on a highway, leading to a multi-vehicle crash. The driver and the trucking company, which pressured the driver to ignore regulations to meet tight deadlines, could both be liable.
- A trucking company fails to maintain its fleet properly. Worn-out brakes on a fully loaded truck cause the driver to rear-end a smaller vehicle stopped at a red light. Maintenance records showing ignored repair needs would be crucial evidence against the company.
- A cargo loading company improperly secures a shipment. During transport, the load shifts, making the trailer unstable and causing the driver to lose control. In this case, the loading company could be responsible for the crash due to its unsafe practices regarding improperly loaded cargo.
- A parts manufacturer sells defective tires to a trucking company. A tire blowout on a busy highway causes the truck to overturn, causing a severe accident. The parts manufacturer would likely be liable for the defective product.
Shared Fault in Truck Accidents: What If You’re Partly to Blame?
The fact that you played a role in a truck accident does not necessarily bar you from recovering compensation. It depends on the degree to which your actions caused the accident. State law says you can recover compensation as long as your share of fault is 50 percent or less. So, if you are 15 percent at fault for the crash, you would lose 15 percent of the overall compensation for your losses.
Insurance companies know this rule and will ruthlessly exploit it to deny you fair compensation. They may argue that you bear most of the blame to avoid paying you compensation. Even if an insurer accepts that their policyholder bears the majority of fault, they may try to blame you to minimize your compensation. You need a lawyer’s help to fight back against these tactics and seek every dollar you are owed.
Why You Need a Truck Accident Lawyer to Establish Liability
Truck accident lawyers understand the industry and how crashes often occur. They know what evidence to look for, the industry rules that apply to these cases, and how to link the evidence they find to someone’s careless or dangerous actions. These are complex tasks to handle on your own. With the help of an experienced truck accident attorney, they can investigate your case, gather evidence, and take on the trucking industry’s robust legal defenses while you focus on healing and recovering.
Damages You Can Recover Once Liability Is Proven
“Damages” are the compensation that a truck accident victim can receive in a personal injury claim once they prove someone else caused their injuries. Depending on your injuries and other factors, your truck accident claim could include compensation for:
- Current and future medical expenses
- Lost income while you heal
- Reduced future earnings due to a long-term disability
- Diminished quality of life due to an injury or disability
- Pain and suffering
- Emotional distress
- The cost to repair or replace your car or other damaged property
Frequently Asked Questions About Wisconsin Truck Accident Liability
Here are the answers to some common questions our legal team receives about liability for Wisconsin truck crashes:
Can multiple parties share liability in a Wisconsin truck accident?
Yes! For example, a truck driver might have been speeding, but their employer may also be partly responsible because they didn’t maintain the truck properly, and its brakes failed. Under Wisconsin law, you can seek compensation from anyone who is 51 percent or more liable for the crash, even if they don’t bear all the blame.
What if the truck driver was an independent contractor?
Independent truckers in Wisconsin must still carry insurance under state regulations, so you can file an insurance claim against them. You can also sue an independent trucker directly if your losses exceed their insurance coverage, or you can look for other parties who may have contributed to the crash. For example, you could sue the truck’s manufacturer if a defective part played a role in the accident.
Can I still get compensation if I was partially at fault?
Yes, as long as your percentage of fault is 50 percent or less. However, your compensation is reduced by your share of fault if you contributed to a truck crash. You can expect the truck driver or other liable parties to blame you so they don’t have to pay for your injuries. A capable attorney will know how to determine liability, push back against these tactics, and minimize your level of responsibility for the collision.
How long do I have to file a claim in Wisconsin?
In most cases, you have three years after a truck accident to file a personal injury lawsuit. Missing this deadline means the courts will most likely dismiss your case regardless of its merits, meaning you won’t recover compensation. Call a lawyer as soon as possible to preserve your right to compensation.
Speak With a Wisconsin Truck Accident Lawyer Today
Schwaba Law Firm understands the liability challenges in Wisconsin truck accident cases and can help you recover the money you need to rebuild your life. Call now or complete our contact form for a free consultation.
