When an 80,000-pound commercial vehicle collides with your passenger car, the consequences can be life-altering. In Wisconsin, truck drivers bear legal responsibility for accidents when their actions or failures to act directly cause a collision, making them responsible for the damages you suffer.
However, proving this liability requires strong evidence—and a Milwaukee truck accident attorney who knows how to present a compelling case.
How Do Truck Drivers Cause Accidents?
Truck drivers can cause accidents through various forms of negligent behavior behind the wheel. Speeding is one of the most common causes, as drivers rush to meet delivery deadlines or simply drive too fast for road conditions.
Improper lane changes, failure to yield right-of-way, inadequate vehicle maintenance, and driving under the influence of alcohol or drugs all contribute to preventable accidents.
Distracted driving occurs when truck drivers use cell phones, adjust GPS systems, eat, or engage in other activities that take their attention from the road. These lapses in attention can result in an accident, even if they only last a few seconds.
Fatigued driving is a persistent problem in the trucking industry, with drivers pushing beyond legal hour limits or failing to take required rest breaks. When a truck driver falls asleep behind the wheel, the consequences can be catastrophic.
Establishing a Truck Driver’s Negligence in Wisconsin
Proving a truck driver’s negligence requires demonstrating that they failed to exercise reasonable care while operating their vehicle. To succeed in your claim, you must establish each of the following elements of negligence:
- Duty of Care: The truck driver owed you a legal duty to operate their vehicle safely and follow traffic laws, which all drivers have toward other road users.
- Breach of Duty: The driver violated this duty through action or inaction, such as speeding, texting while driving, or failing to maintain proper following distance.
- Causation: The driver’s breach of duty directly caused the accident and your resulting injuries, establishing a clear link between their negligent conduct and the collision.
- Damages: You suffered losses as a result of the accident, including physical injuries, property damage, medical expenses, lost wages, or pain and suffering.
Evidence to Help Prove Truck Driver Liability
Building a strong case against a negligent truck driver requires gathering compelling evidence that demonstrates their fault. You need concrete proof to support your claims and counter any defenses the trucking company might raise.
A Wisconsin truck accident attorney can help you collect this important documentation and present it in a way that resonates with judges and juries.
Key pieces of evidence may include:
- Police reports documenting the accident scene, witness statements, and any citations issued
- Electronic logging device records showing hours of service violations or speeding
- Driver qualification files revealing inadequate training or poor driving history
- Vehicle maintenance records indicating mechanical failures or deferred repairs
- Cell phone records proving distracted driving at the time of the accident
- Dashcam or surveillance footage capturing the collision
- Expert accident reconstruction analyses explaining how the crash occurred
- Medical records linking your injuries directly to the accident
Start Building Your Case with a Truck Accident Lawyer
To pursue compensation from a negligent truck driver, you will need to navigate complex federal regulations, insurance policies, and legal procedures.
A Wisconsin truck accident attorney at Cannon & Dunphy S.C. understands these intricacies and will fight aggressively for your rights.
Contact us to schedule a free consultation today to discuss your case and begin pursuing the compensation you truly deserve.