Truck Accidents

What Happens in a Trucking Accident Injury Case?

After being involved in a trucking accident, there are a lot of steps that need to be taken. An injured person has the option to sue the truck driver or his trucking company for injury and damages resulting from a negligent incident.

In Wisconsin, all claims regarding trucking accidents are controlled by the state’s comparative fault statute. Within this law, there are two things that everyone involved in these types of lawsuits should know. One is that fault is only established by proving that some form of negligence was involved and contributed to the accident. The second is that liability can be split multiple ways. This is because Wisconsin is a comparative negligence state which means it is possible for multiple people to be responsible or at fault for the same accident.

The first step that your truck accident lawyer will help you with in a trucking case is to determine who is at fault and what the damages are. Evidence, including photos, police reports, insurance reports and hospital documentation is very important here. This evidence shows the two most important aspects of the case. First, that the incident was caused by some form of negligence related to the driver, trucking company or both. Second, that certain damages were sustained as a result of the accident and the amounts of these damages.

Common Causes of Truck Accidents Involving Violation of Federal Regulations

• The driver was under the influence of alcohol or other drugs or was in possession of them. This will usually result in a lawsuit against the driver for personal negligence.
• The driver’s alertness or ability to operate the vehicle was impaired by fatigue. If the driver was not taking the necessary required rest breaks to prevent fatigue over a long trip, they may be liable. The company may also be liable for making unreasonable demands upon the driver in terms of when they need to deliver shipments, thus encouraging the driver not to take proper rest.
• The vehicle’s critical parts and accessories were not up to the standards required by federal law. It is the driver’s responsibility to check his truck. It is also the company’s responsibility to check trucks and keep its fleet in compliance with safety regulations.
• The freight or cargo was not properly secured. Loaders may have initially secured the load, but it is the driver’s responsibility to check the load and continue to ensure that it is secure throughout the journey.
• The driver was pushed to operate at illegal speeds in order to meet a deadline. The driver is liable for choosing to drive faster than the speed limit and the company is liable for pushing unreasonable deadlines on the driver that encouraged illegal speeds.

Truck Accident Lawsuit

After filing a lawsuit against a truck driver or company for negligent actions causing substantial personal injuries, there will be a decision for settlement to award the plaintiff damages. This is sometimes a long process, and the settlement amount is based on several factors. The plaintiff may be awarded economic, non-economic and punitive damages as a result of a truck collision.

Economic damages relate to the actual calculated cost of the trucking accident in terms of lost wages, medical bills or repair bills. Non-Economic Damages relate to incalculable damages such as pain and suffering. The jury awards an amount they think is appropriate for the case. Sometimes the court will award punitive damages when a company is being sued. These damages are meant to serve as a warning to the company that they need to fix the problem that caused the trucking incident.

Contact an Experienced Trucking Accident Lawyer Today

Trucking injury cases can be complicated, and a knowledgeable trucking accident lawyer is needed. A dedicated WI personal injury lawyer from Dahlberg Law Group will help you realize your case and get the most out of it in court or in a settlement. Contact us today for a free consultation by calling 262-677-8999 or by filling out the Free Case Review form.

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At Dahlberg Law Group, we take pride in the quality of our legal representation. Our Wisconsin truck accident attorneys are committed to helping people who suffer harm because of the negligence of others.

Please contact our office at 262-677-8999 or fill out the free case review form.

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Proudly Serving Wisconsin Communities

Hiring an experienced, licensed auto accident attorney to represent your auto accident claim is an important step in the recovery process.

At the Dahlberg Law Group, we have been providing legal counsel to Wisconsin residents for over 30 years and have established a track record of success in the process. Your initial consultation with our firm is free. That means there is no cost to call us to discuss your claim. There are no upfront fees or costs for our services. We are only paid if we obtain compensation from a settlement or court victory.

We welcome the opportunity to review the details of your claim and are available to help you today.

For your free consultation, call 262-677-8999.