Seeking legal counsel is a wise decision after a truck accident in Wisconsin. A truck accident attorney can guide you through the process of insurance claims and settlement actions with at fault parties.The State of Wisconsin and the Federal Motor Carrier Safety Administration have specific insurance requirements for semis. If you have your own authority, some coverages are mandatory, like primary liability. If you are leased to a motor carrier, you may be looking for physical damage truck insurance, bobtail coverage, and non-trucking liability. Either way it is best to know the insurance requirements and laws if you are involved in a truck accident. The United States Department of Transportation Traffic Safety Administration’s most recent data revealed that motor vehicle accidents claimed over 34,247 lives, and combination trucks were involved in many fatal crashes.
Wisconsin is an at-fault state automobile insurance state, meaning that drivers are financially liable after an accident if it is determined they are to blame. All Wisconsin drivers are required to carry insurance with at least the minimum of $25,000 in liability for bodily injury and death of one person; $50,000 for bodily injury and death total; and $10,000 liability for property damage. If an accident occurs where one party does not have car insurance, or they are underinsured a victim’s own insurance may assist with coverage for damages.
The pros in an “at-fault” insurance state is: 1) reckless drivers are held accountable for their actions, and 2) prevention of insurance premiums increasing when drivers are involved in accidents where they are not to blame.
The cons of an “at-fault” insurance state is: 1) the amount of time spent determining liability after an accident may delay settlement and funding necessary for certain treatments in personal injury and car replacement, and 2) compensation for damages and injuries may be limited if the other driver is under-insured or not insured at all.
Filing a claim.
Wisconsin accident victims can file a claim with their own insurance company and the injured party’s insurance may file a subrogation claim; a third party claim can be filed with the at fault driver’s company directly; or a personal injury legal claim will need to be filed for compensation of damages and injuries against the at fault driver
Damages and compensation.
Damages may include hospital/medical expenses; funeral expenses, past and future permanent disability payments; emotional distress including depression and anxiety; loss of enjoyment of life; physical pain and suffering; and loss of love and companionship due to a death or serious injury caused by a truck accident.
Compensation is requested to cover both economic and non-economic losses., such as lost wages, medical bills, legal fees and costs of property replacement as well as pain and suffering. Estimates for pain, scarring, emotional harm, or short and long term psychological and physical limitations are not as easy to calculate and a sum must be decided upon by lawyers, insurance companies and juries who must consider what is a fair and reasonable amount of money based on a compilation of evidence provided to the court comparing the victim’s life before the accident to the limitations imposed on that life after the accident.
Seek legal counsel.
A legal profession at the Gende Law Offices can assist with the burden of collecting and analyzing pertinent information to support a determination of fault in Wisconsin truck accident, especially if the at fault party is under-insured or not insured at all. Call to schedule a consultation.
Gende Law Office, S.C.
N28W 23000 Roundy Drive, #200
Pewaukee, WI 53072
Fax:(262) 970 7100