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Determining Who Is at Fault for a Truck Accident

Posted on in Truck Accidents

Wisconsin accident attorney, injury liability, Wisconsin truck accident lawyer, Wisconsin wrongful death attorneyTruck accidents often cause catastrophic injuries. Just like with other kinds of motor vehicle accidents, human error is often to blame for truck accidents, but understanding all the causes of a truck accident can be complicated. There may be several different people in addition to the driver who are partially responsible for a truck accident.

Understanding the Causes of the Accident

Under Wisconsin law, if you are injured because of someone else’s negligence, you have a right to be compensated for your injuries. Before you will be able to collect any compensation, you will need to prove who was at fault for the accident.

Common causes of truck accidents include:

  • Excessive speed;
  • Distracted driver;
  • Sleepy driver;
  • Imbalanced load; and
  • Poorly maintained vehicle or safety equipment.

While the driver of the truck may be at fault for the accident, there may be other factors involved as well. Truck drivers are required to rest a certain amount before continuing to drive. If a company encourages drivers to fake their rest logbooks, or looks the other way when its drivers continue to not get enough rest, the company may have additional blame for the accident.

Investigation

Law enforcement will often perform a preliminary investigation after a major accident, but before you can bring a successful truck accident claim, further investigation may be needed. A professional crash reconstruction expert may be hired to uncover the true causes of the accident.

Making a Claim

Unlike accidents between two drivers, truck accidents often involve multiple insurance companies and different policies. Because the truck driver is most likely an employee, the trucking company itself will be liable for the actions of the truck driver. If the company itself was also negligent in its training, hiring, maintenance, or management activities, additional damages may be appropriate.

While many claims never go all the way to trial, the most successful claims are based on solid evidence. Before an insurance company will be willing to pay the full amount of a claim, they must be convinced that they are likely to lose at trial and that continuing to fight the case will be more expensive than settling the case.

You need a lawyer with experience handling truck accidents and the complicated personal injury claims process.

If you have been injured in a truck accident, you need to talk with a tough and knowledgeable Milwaukee truck accident lawyer. You only have so much time to bring a claim. Call the law firm of Gimbel, Reilly, Guerin & Brown LLP at 414-271-1440 today to setup your consultation.

Source:

https://docs.legis.wisconsin.gov/statutes/statutes/895/I/045
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