Legal Complexities In Truck And Delivery Van Crashes

truck accidents

Accidents involving trucks and delivery vans typically cause catastrophic injuries, extensive property damage, and complex legal issues. Due to their size and weight, commercial vehicles can cause devastating consequences when they collide with smaller vehicles or pedestrians. Beyond the immediate physical and emotional toll, victims must also contend with the legal complexities of determining liability, dealing with insurance companies, and understanding their rights under Wisconsin law.

In Wisconsin, the stakes are even higher in these cases because the laws governing commercial vehicle accidents are distinct from those involving passenger cars. This includes strict regulations on truck operation, employer liability, and even the actions required of drivers involved in a crash. When a driver fails to stop after an accident, the situation becomes even more legally intricate, as Wisconsin’s hit-and-run laws impose severe penalties. Victims of these accidents deserve experienced legal representation to ensure their rights are protected and they receive fair compensation for their injuries and losses.

Liability Issues In Wisconsin Truck And Delivery Van Accidents

Determining liability in commercial truck accidents is a complex process. Under Wisconsin law, liability can extend to include the driver, the company truck owner, vehicle manufacturers, and other parties. This is because commercial vehicle operations involve numerous entities, each potentially contributing to the accident.

For example, employers may be held liable under the doctrine of respondeat superior if their employee was acting within the scope of their employment when the accident occurred. Additionally, if a company fails to properly maintain its vehicles or violates federal safety regulations, that company could be held responsible. Wisconsin law (Wis. Stat. § 343.12) mandates specific licensing and training requirements for commercial drivers, and any violation of these standards can impact liability.

Victims must carefully assess every potential party to make sure that they receive the full compensation they are entitled to under the law. This includes understanding the role of Wisconsin’s comparative fault rule (Wis. Stat. § 895.045), which reduces damages based on the percentage of fault attributed to the victim. Our attorneys work tirelessly to ensure victims are not unfairly blamed for circumstances beyond their control.

The Impact Of Wisconsin’s Hit-And-Run Laws On Commercial Vehicle Crashes

When a truck or delivery van driver leaves the scene of an accident, the situation becomes far more severe. Wisconsin hit-and-run laws (Wis. Stat. § 346.67) require any driver involved in a crash to remain at the scene, provide aid, and exchange information. Failure to do so can result in criminal charges and significant penalties, including imprisonment and fines.

For victims, hit-and-run crashes can complicate the process of recovering financial compensation. Identifying the responsible party will require a thorough investigation. Evidence collection could include reviewing traffic camera footage, eyewitness testimony, and accident reconstruction reports. If the at-fault driver is never identified, victims may need to pursue claims through their uninsured motorist coverage.

Our Antioch truck accident lawyers help clients in addressing these challenges, ensuring all avenues for compensation are explored. Whether through identifying the hit-and-run driver or leveraging their insurance policy, we work to secure the compensation they need to recover.

Pursuing Compensation In Truck And Delivery Van Accident Cases

Victims of truck and delivery van accidents may face overwhelming medical bills, lost wages, and other damages. Under Wisconsin law, victims are entitled to seek compensation for economic and non-economic losses. Economic damages cover tangible losses, such as medical expenses, rehabilitation costs, and lost income. Non-economic damages address the intangible impacts, including pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive damages may also be awarded in cases involving egregious misconduct, such as a driver operating under the influence or blatant disregard for safety regulations. Wisconsin law allows punitive damages to punish wrongdoers and deter similar behavior in the future. Our Antioch truck accident lawyers make sure that every aspect of a victim’s damages is accounted for, building a comprehensive case to maximize compensation. We understand the toll these accidents take on individuals and families, and we fight to hold the responsible parties accountable.

FAQs About Truck And Delivery Van Accidents In Wisconsin

What Should I Do Immediately After A Truck Or Delivery Van Accident In Wisconsin?

After a truck or delivery van accident, your safety and health should be the first priority. Call 911 to report the accident and seek medical attention for any injuries, even if they seem minor at first. Document the scene by taking photographs of the vehicles, injuries, and surrounding area. Exchange contact and insurance information with the other driver and gather contact details from any witnesses. It is also important to obtain a copy of the police report, as it may contain critical information about the incident.

Avoid speaking with insurance adjusters or signing any documents before consulting with an attorney. Insurance companies often try to minimize payouts, and an experienced attorney can help protect your rights and ensure you receive fair compensation.

How Is Liability Determined In A Truck Or Delivery Van Accident?

Liability in truck and delivery van accidents often involves multiple parties. The driver, their employer, the vehicle manufacturer, or even a third-party maintenance provider may be responsible. Wisconsin applies the principle of comparative fault, which means that each party’s contribution to the accident is assessed as a percentage. Victims can still recover damages as long as they are not more than 50% at fault, but their compensation will be reduced by their percentage of fault.

Evidence such as driver logs, maintenance records, and accident reconstruction reports is often critical in proving liability. Working with an attorney ensures that all relevant parties are identified and held accountable.

What Damages Can I Recover After A Truck Or Delivery Van Accident?

Victims may recover several types of damages under Wisconsin law, including economic damages like medical bills, lost wages, and property damage. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, may also be awarded. In cases involving egregious negligence or reckless behavior, punitive damages may be available.

Because these cases often involve substantial damages, insurance companies may aggressively contest claims. Having an attorney advocate for you ensures that your damages are fully accounted for and pursued.

What If The Driver Who Hit Me Left The Scene Of The Accident?

Hit-and-run accidents complicate the legal process, but victims still have options. If the driver is identified, they may face both civil and criminal consequences under Wisconsin’s hit-and-run laws. If the driver cannot be found, victims can often file a claim under their uninsured motorist coverage.

An attorney can assist in identifying the at-fault driver by working with law enforcement, reviewing surveillance footage, and gathering evidence. They can also handle the insurance claims process to ensure you receive the compensation you deserve.

Why Do I Need An Attorney For My Truck Or Delivery Van Accident Case?

Truck and delivery van accidents involve unique legal challenges that require specialized knowledge of Wisconsin laws. An attorney can handle every aspect of your case, from investigating the accident to negotiating with insurance companies and litigating in court if necessary. They also ensure that critical evidence is preserved and deadlines are met, which is essential to building a strong case.

Without legal representation, victims may face low settlement offers or struggle to prove liability. An attorney works to protect your rights and maximize your recovery.

Contact Our Antioch Truck Accident Attorney To Receive Your Free Consultation

At The Law Offices of Robert T. Edens, P.C., we understand the devastating impact truck and delivery van accidents can have on victims and their families. If you have been injured or suffered losses in an accident, let us help you secure the compensation you deserve. We offer personalized legal representation tailored to the unique challenges of these high-stakes cases.

Contact our Antioch truck accident attorney at The Law Offices of Robert T. Edens, P.C., by calling 847-395-2200 to receive a free consultation. Our firm represents clients in Antioch and throughout Wisconsin from our office locations in Antioch, Wisconsin. Let us help you take the first steps toward justice.