Truck accidents that cause permanent injuries or death are a regular occurrence when drivers lose control and crash. This is because of the sheer mass of these vehicles compared to most of their surroundings on the roads, including other vehicles, structures, and even people. Unfortunately, fatalities can happen to anyone that gets too close to a large truck in motion.
A bicyclist in Pewaukee Wisconsin died after being hit by a semi truck on a Monday afternoon.
Man on a bicycle dies when he collides with a semi truck
In the aftermath of the crash, the Waukesha County Sheriff’s Department was investigating the incident that occurred at the intersection of Watertown Road and Redford Boulevard in Pewaukee. They believe the cyclist was traveling westbound on Watertown and went into the path of the truck as it was making a right turn. The Wisconsin State Patrol assisted with the traffic redirection and investigation, while the truck is under inspection by Waukesha County for compliance with all relevant local regulations. The area of the intersection where the collision happened was closed to all traffic for several hours after the incident.
The deceased cyclist was identified as a 59 year old male from New Berlin, while the truck driver was a 66 year old male. It was unknown as to whether any traffic laws were violated or if the driver will be charged criminally.
Who should the man’s family sue?
The man’s family has the option of filing a lawsuit related to the trucker’s poor driving that caused the bicyclist to die. There is a type of lawsuit called a wrongful death action that allows certain relatives or dependents to collect various types of damages based on the driver’s negligence.
This means that the company that owns the truck and employs the driver will also be held responsible. Even though the individual driver actually caused the accident, the owner of the business is also implicated in the lawsuit. There are a number of reasons for this.
In all civil lawsuits, a person’s employer is also held responsible for any injuries or damage they cause while they are working within the normal scope of their job duties. This is a principle of tort law called respondeat superior. The reasoning behind this rule is that businesses should not be able to profit or benefit from their regular activities without also being held responsible when things go wrong. Note that this also entails that when employees commit criminal acts while on the job or cause injuries from something totally unrelated to their normal work responsibilities, the employer usually cannot be held responsible. While a lawyer can handle the specifics of how these kinds of lawsuits work on your behalf, it helps to have a general sense of why businesses are made legally accountable for their employees.
In practice, this often means that it is more beneficial to sue an employer who has business insurance or other financial means of satisfying a judgment rather than an individual employee. This business is usually going to be much more valuable as a defendant because of their greater assets. Especially in cases of permanent disabilities or death that can create large damage awards for a plaintiff, an individual generally cannot afford to satisfy such large amounts.
Consider the possibility of a lawsuit
If you have been hurt in a truck accident in Pewaukee or other nearby parts of Wisconsin, there is help available from local lawyers. The Gende Law Office has been helping injured residents with lawsuits for over a decade.