Being involved in a truck accident can be a frightening, painful and expensive experience. However, if a truck driver or company is responsible, you could file a truck accident lawsuit and qualify for compensation. Knowing your rights and responsibilities in the aftermath of a crash is crucial. Here are some of the most important laws and regulations that may impact your case.
Wisconsin Statute of Limitations for Truck Accident Cases
Knowing the statute of limitations applicable in a truck accident case is essential, as it determines how long after an accident you can file a claim. You may lose your right to sue and pursue compensation if you miss this deadline.
In Wisconsin, the statute of limitations for truck accidents and other personal injury matters is generally three years from the date of your injury. If you don’t file in time, the court will likely throw out your case, leaving you without legal recourse.
However, there can be rare exceptions that could lengthen or shorten the time you have available to file a truck accident lawsuit, which is why consulting a truck accident lawyer can be vital for protecting your rights.
Wisconsin Laws for Truck Drivers
Truck accident statistics can provide insight into the dangers passenger vehicle occupants face when involved in a crash with a commercial vehicle. When you’re experiencing an accident, you’ll want to be aware of the Wisconsin laws that can significantly influence the outcome of your truck accident case and recovery.
- Caps on damages. Wisconsin does not generally cap damages in truck accident claims, with some exceptions. Punitive damages in Wisconsin are capped at twice the compensatory damages or $200,000, whichever is greater. Claims against the government are capped at $250,000.
- Trucking industry insurance requirements. Wisconsin law requires commercial trucks to carry extensive insurance coverage. For example, the minimum liability coverage for a vehicle carrying hazardous cargo is $5 million.
- Vicarious liability. Under Wisconsin law, truck accident victims may hold a trucking company vicariously liable for the actions of its drivers. For example, if a truck driver causes an accident on work time, you could sue their employer for damages.
Identifying Fault for Truck Accidents in Wisconsin
Determining fault in a Milwaukee truck accident is essential to establishing liability. In other words, the party at fault for your accident (or their insurance company) is typically responsible for covering your damages, such as medical expenses, property damage, and pain and suffering. In truck accidents, determining fault can be tricky as several parties could be responsible, including the driver, the truck manufacturer, the truck owner or even a negligent repair shop.
Fault in truck accidents is determined through an investigation involving technical experts and evidence such as a driver’s log book, trucking company records, police reports, witness statements and a truck’s black box.
Wisconsin follows the modified comparative negligence doctrine, meaning you can recover damages provided you’re no more than 50% responsible for the collision. However, your compensation will be reduced according to the percentage of your fault.