contact us today! (847) 357-0403

Due to their size, restricted sight lines, and limited maneuverability, large trucks can pose a huge danger to other drivers on the road. If you have been involved in a collision with a truck and suffered an injury, you may be able to obtain compensation from the negligent party that 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 attorney to work with as soon as possible is helpful because witnesses’ memories and potentially valuable evidence available will be fresh. Reconstructing an accident to determine what happened and why can be a necessary and complicated process, but it could be crucial to ensuring that the accident victim obtains appropriate compensation for their injuries. In English

Identifying Responsible Parties in a Kenosha Truck Collision

In Wisconsin, a plaintiff cannot collect damages unless he or she can prove that another party’s negligence contributed to the accident. If the plaintiff was negligent, Wisconsin Statutes §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.

An injury attorney in the area can analyze the circumstances of the accident to identify the responsible parties. In a truck accident, there could be many possible defendants, including:

  • An independent truck driver
  • Another driver on the road
  • The truck driver’s employer did force his employee to work outside the regulations
  • The platform owner may be liable if maintenance is neglected
  • The contractor who 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 that caused the accident

Timely Action Matters

A Kenosha truck accident legal representative will attempt to negotiate with all potential defendants to ensure a settlement that accurately reflects the injured plaintiff’s losses. If negotiations do not reach a satisfactory conclusion with one or more of the responsible parties, a lawsuit may be filed against the responsible parties. Wisconsin law gives the plaintiff in a personal injury case three years from the time of injury to file a lawsuit.

However, if one of the potential defendants is a municipality or other government unit, as might happen if, for example, the truck were owned by a county or driven by a government employee on the clock, or if the roads dangerous vehicles contributed to an accident. The plaintiff has only 120 days to file a form called a notice of claim.

If the notice of claim is not filed on time, the plaintiff may be barred from bringing a lawsuit against a government party, and the defendant has no incentive to participate in settlement negotiations. This is another good reason to seek the assistance of an experienced local legal professional as soon as possible after an accident.

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 balance so you can get the most out of life in the future. Partnering with an experienced personal injury attorney soon after your accident will allow you to place the burden of seeking financial help on the shoulders of someone who understands your legal rights and the resources available. Schedule an appointment to consult with a compassionate Kenosha truck accident attorney from the Law Offices of RF Wittmeyer today.

Contact Us Today