In Wisconsin, victims of trucking accidents caused by driver negligence have the right to pursue justice through both criminal and civil legal channels. This article explores the legal avenues available for holding negligent truck drivers accountable, the types of damages that can be claimed, and the specific statutes that govern these actions in Wisconsin.
When a truck driver's negligence results in injury or death, they may face criminal charges such as negligent homicide. However, irrespective of the outcome of any criminal proceedings, victims or their families can file civil lawsuits against the driver and potentially the driver’s employer. This dual pathway allows for the pursuit of justice through criminal penalties and financial compensation through civil claims.
Wisconsin law specifies the types of damages recoverable in trucking accident cases and caps the amounts for certain types of losses.
Under Wisconsin law, wrongful death and survival actions must be filed within three years of the date of the accident or death.
The trucking industry is heavily regulated to ensure safety on the roads. Regulations cover aspects such as load limits and mandatory rest periods for drivers. Non-compliance with these regulations can significantly strengthen a civil case against a truck driver or their employer.
Violations of trucking regulations are often used as evidence of negligence in both criminal and civil court cases. Demonstrating a breach of regulatory duty can help establish liability in lawsuits for damages resulting from trucking accidents.
Despite stringent regulations, trucking accidents remain a significant concern. According to the Federal Motor Carrier Safety Administration (FMCSA), there were approximately 4,657 fatal crashes involving large trucks in 2017, a 10% increase from 2016 (FMCSA). These statistics highlight the ongoing risks posed by large commercial vehicles on the road.
Truck drivers are held to high standards given their potential to cause significant harm. Wisconsin provides clear legal frameworks for addressing negligence that leads to accidents. Victims have substantial rights under state law to seek compensation and justice. For detailed guidance on navigating these legal processes, consulting with a Wisconsin personal injury attorney is advisable.
For more information on filing a civil claim against a negligent truck driver, consider contacting a Wisconsin personal injury attorney today.
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