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Will Wisconsin’s Insurance Laws Work in Favor of Truck Accident Victims?

— March 23, 2022

Damage compensation after a truck accident may include hospital/medical expenses.

The Federal Motor Carrier Safety Administration oversees the trucking industry and has specific regulations for tractor trailers and commercial carriers regarding insurance coverages.  For example, truckers who own authority have the government’s permission to be paid for hauling freight as their own company, and will be issued a motor carrier number.  Depending on the type  of cargo that is hauled, additional authority and insurance may be required, such as primary liability.  If a trucker is leased to a motor carrier, they may need physical damage truck insurance, bobtail coverage, and non-trucking liability. It is best to know the insurance requirements for truckers and the laws governing damage compensation when an accident occurs that results in property damage, physical injury, or death in Wisconsin and a Milwaukee truck accident attorney can guide victims through this process.  

Truck accident fatalities impact insurance claims

Forty-nine thousand one hundred nineteen people died in fatal crashes involving large trucks on U.S. Roadways in 2019 and 67% of those individuals were occupants of other passenger vehicles.  Understanding whose insurance will be responsible is an intricate part of a damage award settlement and Wisconsin truck accident attorneys know how to identify all parties who may be responsible for damage compensation after a truck accident.  Truck accident lawyers are skilled at identifying additional parties to an accident claim, separate from the truck driver, including trucking companies, mechanics, or manufacturers of a truck and/or parts, and understand the trucking industry and relevant regulatory laws.  They can determine the best legal approach to individual cases such as mediation, arbitration or going to trial.

Image by Wannapik Studios.
Image by Wannapik Studios.

Wisconsin insurance law

Wisconsin is an at-fault state automobile insurance state, meaning that drivers are financially liable after an accident if it is determined they are to blame. If an accident occurs where one party does not have car insurance, or they are underinsured, a victim’s own insurance may assist with coverage to pay damages.  

  • Pros. The pros in an “at-fault” insurance state are: 1) reckless drivers are held accountable for their actions, and 2) prevention of insurance premiums increasing when drivers are involved in accidents where they are not to blame.  
  • Cons. The cons of an “at-fault” insurance state are: 1) the amount of time spent determining liability after an accident may delay settlement and funding necessary for certain treatments in personal injury and car replacement, and 2) compensation for damages and injuries may be limited if the other driver is under-insured or not insured at all.  

Wisconsin accident victims can file a claim with their own insurance company and the injured party’s insurance may file a subrogation claim; a third party claim can be filed with the at fault driver’s company directly; or a personal injury legal claim will need to be filed with the assistance of a Milwaukee truck accident attorney, who can streamline insurance processes through effective communication with carriers, and trucking industry attorneys toward comprehensive compensation of damages against the at fault driver’s insurance in favor of truck accident victims.

Damage compensation

Damage compensation after a truck accident may include hospital/medical expenses; funeral expenses, past and future permanent disability payments; emotional distress, including depression and anxiety; loss of enjoyment of life; physical pain and suffering; and loss of love and companionship due to a death or serious injury caused by a truck accident.

Hire an attorney

Legal professionals can be found at and will assist with the burden of collecting and analyzing pertinent information to support a determination of fault in a Wisconsin truck accident, especially if the at fault party is under-insured, or not insured at all.  


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