It is very important for all drivers, especially truckers hauling heavy loads, to always adjust their driving to the conditions that are present. For example, if traffic is slowing or inclement weather is present, drivers should reduce their speed, even if it is significantly lower than the posted speed limit to ensure they are able to react in time to prevent an accident. While most truckers are aware of this as it is included in their training, not all apply what they have learned while driving.
The Milwaukee Journal Sentinel shared details regarding an accident that occurred back in August 2019, that was caused by a semitrailer driver who had been driving too fast for conditions. The source said that Ali Z. Abubakar was heading southbound on I-42 just north of Layton Avenue when he slammed into a tow truck that had been responding to a crash that occurred earlier. The impact caused the “cab and trailer to separate [sending] the semi on its side and blocking three lanes of traffic.” The tow truck was pushed into a wall, trapping the driver inside the vehicle.
Firefighters were called to the scene where they had to cut the tow truck driver away from the wreckage and have him transported to the hospital as he suffered serious injuries. Abubakar along with his passenger managed to climb out of the semi cab and both were transported to an area hospital where they were treated for the cuts they suffered in the wreck. Abubakar, who holds a valid commercial driver’s license from Ohio, was later cited for driving too fast for conditions and failure to keep a vehicle under control, “both of which include fines for $224.”
Is a Milwaukee, WI truck driver liable for the injuries I suffered in a wreck if they caused it as a result of them committing a traffic infraction?
Typically, when a driver is responsible for a collision, whether it involves a commercial truck or a passenger vehicle, they are responsible for compensating the victim. Usually, you would file a claim with the driver’s insurer or their employer’s insurer given they are responsible for any accident their trucker causes. Therefore, if you are looking to recover compensation for medical expenses, vehicle repairs, rental vehicle costs, etc., you would need to file a claim with the other party’s insurer. You can contact the trucking company or have someone do so on your behalf to find out if they are liable for the wreck or if the driver is.
Once you know which party is being held accountable for the trucking accident, then you can file a claim with their insurance carrier.
After you file a claim with the company and they have determined their insured was at fault for the accident, they should provide you with a settlement offer. You should know that you are in no way obligated to accept this. In fact, before you take it, you should consult with a Milwaukee, WI truck accident lawyer first who can decide if the insurer is providing you with the appropriate amount.
In the event you think you are entitled to more or wish to recover compensation for pain and suffering, which is a non-economic damage that an insurer won’t pay you for, you should discuss filing a personal injury lawsuit with a truck accident lawyer. To get connected with a legal representative in the Milwaukee, WI area who is qualified to help you, contact the Gende Law Office.
The Gende Law Office can be reached at:
N28 W23000 Roundy Drive, Suite 200
Pewaukee, WI 53072