Because of their size, restricted sight-lines, and limited maneuverability, large trucks can pose a massive danger to other drivers on the road. If you have been involved in a collision with a truck and suffered an injury, you could seek compensation from the party whose negligence contributed to your accident. A personal injury attorney experienced in truck accident cases could help you hold negligent parties accountable.
Finding a Kenosha truck accident lawyer to work with as soon as possible is helpful because witness memories and the potentially valuable evidence available will be fresh. Reconstructing an accident to determine what happened and why may be a necessary and complicated process, but it could be crucial to ensuring an accident victim gets appropriate compensation for their injuries.
Collecting Damages for a Kenosha Truck Collision
In Wisconsin, a plaintiff cannot collect damages unless they can show that the negligence of another party contributed to the accident. If the plaintiff was negligent themselves, Wisc. Stat. §895.045 allows them to collect damages from a more at-fault party. Therefore, it could be beneficial for a plaintiff to find and seek damages from as many potentially negligent parties as possible.
Who Could be Liable for a Truck Accident?
An injury attorney in the area can look at the circumstances of the accident to identify liable parties. In a truck accident, there could be many possible defendants, including:
- An independent truck driver
- Another driver on the road
- The employer of the trucker, if they compelled their employee to work outside the regulations
- The owner of the rig may be liable if maintenance was neglected
- The contractor that performed the load shift may be at fault if poor service was a factor in the accident
- The company that serviced the truck and rig, and potentially the manufacturers of any parts or the tractor-trailer itself, could be liable if mechanical failure was a factor
- Municipalities or government entities, if road conditions or signage were factors in causing the accident
What is the Time Limit for a Truck Collision Claim?
A Kenosha truck wreck legal representative will attempt to negotiate with all potential defendants to secure a settlement that accurately reflects the injured plaintiff’s losses. If negotiations do not reach a satisfactory conclusion with one or more liable parties, a lawsuit could be brought against the liable parties. Wisconsin law gives a plaintiff in a personal injury case three years from the time of their injury to file a lawsuit.
However, if one of the potential defendants is a municipality or other unit of government—as might happen if, for example, the truck was owned by a county or driven by a government employee on the clock, or if hazardous roads contributed to an accident—the plaintiff has only 120 days to file a form called a notice of claim.
Consequences of a Late Claim for a Truck Crash
If the notice of claim is not filed on time, the plaintiff may be barred from bringing suit against a government party, and the defendant has no incentive to engage in settlement negotiations. This is another good reason to seek a seasoned local legal professional’s assistance as soon after an accident as possible.
A Kenosha Truck Accident Attorney Will Protect Your Interests
If you are recovering from physical injuries and the emotional trauma of a truck accident, you need to have time and space to regain your health and emotional equilibrium so you can make the most of life going forward. Partnering with an accomplished personal injury attorney soon after your accident will allow you to place the burden of seeking financial relief on the shoulders of someone who understands your legal rights and available remedies. Schedule a time to consult a compassionate Kenosha truck accident lawyer from the Law Offices of R.F. Wittmeyer today.