Some drivers end up in a bad situation merely by trying to offer help. A tow truck driver was killed by a semi driver who struck him while he was trying to rescue a turtle on a highway in Racine, Wisconsin. 

Truck driver is remembered by coworkers after dying in a highway accident

The Wisconsin State Patrol responded to an area in the southeastern part of the state to find the victim. They believe that the victim stopped his tow truck on the side of Interstate Highway 94 northbound near Seven Mile Road. He activated his emergency lights and walked along the shoulder to try to rescue a turtle from the road and remove debris nearby, then another driver in a semi truck hit him. 

The semi driver fled the scene, but was later found at the town of Ripon about 100 miles away. Police did not have any further details about the cause of the truck accident, but they planned to conduct an investigation. The state’s Department of Transportation confirmed that they would also be involved. 

The driver was later identified, and his coworkers from Grube’s Towing planned a memorial service to remember him.  

Racine is just south of the city of Milwaukee near the Illinois border. 

Wisconsin’s wrongful death law

Anyone who causes another person to die due to a negligent act in the state of Wisconsin can be sued in civil court through the wrongful death statute. These laws exist in every state in the country and they have slight differences depending on where the lawsuit is filed. They can be brought whether or not there are criminal charges for the same incident. 

There are only a few categories of people who can bring the case on the deceased person’s behalf. This includes a representative of their estate, a spouse, child, or someone who was a guardian of the individual. If the person who died has any minor children, the court must set aside some of the damage award for the care of these children, regardless of who brings the case or the amount of damages. The amount set aside for the children is capped at a maximum of fifty percent of all of the money awarded. 

The case must be brought within three years of the person’s death, which is a much shorter time period than most other civil cases. Damages may also be used to cover funeral and burial expenses, as well as other losses tied to the victim’s wages and earning potential. 

Get help from a lawyer in your city

There are attorneys who assist clients with lawsuits against trucking companies in the Milwaukee area and other parts of Wisconsin. To find a lawyer who matches your needs, use the directory on USAttorneys.com

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