Bringing,Claims,against,Neglig law Bringing Claims against Negligent Truck Drivers in Wisconsin

Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi

Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-priority:99;mso-style-qformat:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Calibri","sans-serif";}Truck Driver’s Negligent HomicideCase Set for TrialA Wisconsin judge has set the trialdate for Jeremy M. Pearce, a 39-year-old truck driver from North Carolina whoallegedly hit and killed a motorcycle rider in Ixonia, Wisconsin this pastAugust. Pearce faces charges of homicide by negligent operation of a motorvehicle after he made an illegal u-turn on Highway 16 in front of motorcyclistCraig R. Conway. Conway was pronounced dead at the scene of the accident.A witness said that Pearce told herhe did not see Conway when he made the turn. In initial interviews with thepolice, Pearce claimed he was trying to make a left turn when the accidentoccurred, but later admitted he made a u-turn. Pearce also admitted that eventhough he had been trained how to make u-turns with tractor trailers, histrucking company did not permit its drivers to make the turns and would firethem for doing so.If convicted of homicide bynegligent operation of a motor vehicle, Pearce may be sentenced up to 10 yearsin prison and have to pay up to a $10,000 fine. Trucking Accidents and CivilLiabilityTruck drivers who are responsiblefor injuring or killing a person while negligently operating a semi-truck canbe held accountable not only by the criminal justice system, but also by thecivil system. Those who have been hurt as a result of truckingaccident have a right to bring a civil claim against thetruck driver and, in some cases, also against the commercial carrier thatemployed the driver. If the injury victim lost his or her life as a result ofthe accident, then the victim’s family can bring a wrongful death claim. Thedecedent’s estate also may pursue a survival action.A civil claim may be brought beforethe criminal charges have been resolved. Additionally, a civil claim can bebrought even if the truck driver is not convicted of any criminal acts. Thecivil lawsuit is completely separate from the criminal case. The burden ofproof in a civil action is lower than the burden in a criminal trial. Withcriminal charges, the prosecutor must prove beyond a reasonable doubt that thedriver committed the criminal act. In a civil case, however, the injured personneed only prove by a preponderance of the evidence that the truck driver actednegligently and, as a result of that negligence, the individual was injured andsuffered damages.Likewise, wrongfuldeath and survival actions may be brought before, during orafter any criminal proceedings against a negligent truck driver. In a wrongfuldeath action, the surviving family members seek damages for the losses theysuffered as a result of losing a loved one. In contrast, a survival action is aclaim brought by the decedent’s estate for losses the decedent suffered priorto death. Under Wisconsin law, there is a three-year statute of limitations forbringing a wrongful death or survival action.Damages Available in Wisconsin CivilClaimsThe types of damages that may berecoverable in a civil lawsuit vary depending on the type of claim that isfiled. In a negligence case, some of the typical damages that may berecoverable include past and future medical expenses, lost wages, loss offuture earning potential, and pain and suffering. In wrongful death actions, the typesof damages that are available and the amounts that may be recoverable arelimited by Wisconsin law. Under the wrongful death statute (§ 894.04), thefollowing damages may be available:Loss of consortium, society and companionshipMedical expensesFuneral and burial expensesLoss of supportLoss of value of household servicesLoss of inheritanceThe Wisconsin wrongful death statuteplaces caps on the amount of compensation available for loss of consortium,society and companionship to $350,000 for the loss of an adult and $500,000 forthe loss of a child.Wrongful death actions typically arebrought by the decedent’s spouse and/or minor children. If the decedent wasunmarried, then the decedent’s parents or siblings may file a wrongful deathaction.Survival actions are somewhatdifferent. They may only be brought by the representative of the decedent’sestate. This may be the executor of the decedent’s will, or if the decedentdied without a will, then a court-appointed representative. Some of the lossesthat may be recoverable in Wisconsin survival actions include medical expensesbefore death, loss of earning capacity before death, and conscious pain andsuffering. In some cases, punitive damages also may be available in survivalactions.ConclusionTruck drivers are professionaldrivers. They receive special training not only in how to operate semi-trucks,but also how to do so safely. The trucking industry is heavily regulated bystate and federal law. These regulations cover everything from the size of theload the truck can haul to the number of hours a truck driver can operate acommercial vehicle in any given day. The purpose of these regulations is toprotect the safety of the drivers and those they share the road with. Whentruck drivers fail to follow these important regulations and operate theirvehicles in a safe and appropriate manner, catastrophic accidents can and dohappen.For more information on filing acivil claim against a negligent truck driver, contact a Wisconsinpersonal injury attorney today.