Large commercial trucks are an intimidating presence on Wisconsin roads due to their size, weight, and stopping distances. We trust the operators of these massive vehicles to follow the law and act safely, but negligence and recklessness cause fatal trucking accidents every year.
When a truck collision results in death, families face not only profound grief but also major legal and financial challenges. Understanding your rights under Wisconsin law can help you make informed decisions during this difficult time while providing your family with the support it deserves.
Get help from a Milwaukee truck accident attorney.
Who Can File a Lawsuit After a Fatal Truck Accident in Wisconsin?
While no amount of money can replace a loved one, families should never bear the financial burden of someone else’s negligence. Wrongful death lawsuits provide a pathway for surviving family members to hold responsible parties accountable while securing financial compensation for their losses.
Wisconsin law establishes a clear hierarchy for who may file a wrongful death lawsuit. The personal representative of the deceased person’s estate has the primary right to file, though certain family members can also pursue these claims. These family members may bring the lawsuit in the following order:
- The deceased’s spouse or domestic partner
- Surviving children or grandchildren
- Surviving parents
- Surviving grandparents
- Surviving siblings
Common Causes of Fatal Trucking Accidents
When a fully loaded semi-truck collides with a standard car, the laws of physics work against the smaller vehicle’s occupants, often resulting in catastrophic injuries. In many cases, these injuries are too severe for victims to survive.
Many factors can lead to fatal trucking accidents, including:
- Driver fatigue from violating hours-of-service regulations
- Distracted driving, including texting or eating while driving
- Impaired driving due to alcohol, drugs, or prescription medications
- Aggressive driving behaviors, such as excessive speed or tailgating
- Inadequate vehicle maintenance leading to brake failures or tire blowouts
- Improper cargo loading that causes the truck to become unstable
- Failure to adjust driving for poor weather conditions, such as ice and snow
How Trucking Companies Respond to Fatal Accidents
Trucking companies and their insurance providers typically deploy aggressive tactics after fatal accidents, often attempting to minimize their liability and reduce potential settlements. They may dispute fault, question the deceased person’s actions, or argue that pre-existing conditions contributed to the death.
These companies employ large legal teams and accident reconstruction specialists who work to build defenses before families have even begun processing their grief. Without proper legal representation, grieving families often find themselves overwhelmed by these tactics and left without the financial resources they need to move forward.
A Wisconsin truck accident attorney can level the playing field by conducting independent investigations, preserving evidence, and building compelling cases that accurately reflect the true value of your loss. Your attorney will also handle all communication with insurance companies and opposing counsel, protecting you from pressure tactics designed to force quick, inadequate settlements.
Trust a Milwaukee Truck Accident Lawyer at Cannon & Dunphy S.C. to Fight for You
Losing someone you love in a trucking accident leaves you facing an unimaginable void and overwhelming questions about your family’s future. Cannon & Dunphy S.C. has guided grieving families through these complex wrongful death cases, securing settlements that honor their loved one’s memory while protecting their survivors.
Contact us at (262) 668-8884 for a free consultation—we’ll handle the legal battle so you can focus on healing.