Bringing Claims Against Negligent Truck Drivers in Wisconsin

October 09, 2010 (Press-News.org) Truck Driver's Negligent Homicide Case Set for Trial

A Wisconsin judge has set the trial date for Jeremy M. Pearce, a 39-year-old truck driver from North Carolina who allegedly hit and killed a motorcycle rider in Ixonia, Wisconsin this past August. Pearce faces charges of homicide by negligent operation of a motor vehicle after he made an illegal u-turn on Highway 16 in front of motorcyclist Craig R. Conway. Conway was pronounced dead at the scene of the accident.

A witness said that Pearce told her he did not see Conway when he made the turn. In initial interviews with the police, Pearce claimed he was trying to make a left turn when the accident occurred, but later admitted he made a u-turn. Pearce also admitted that even though he had been trained how to make u-turns with tractor trailers, his trucking company did not permit its drivers to make the turns and would fire them for doing so.

If convicted of homicide by negligent operation of a motor vehicle, Pearce may be sentenced up to 10 years in prison and have to pay up to a $10,000 fine.

Trucking Accidents and Civil Liability

Truck drivers who are responsible for injuring or killing a person while negligently operating a semi-truck can be held accountable not only by the criminal justice system, but also by the civil system. Those who have been hurt as a result of trucking accident have a right to bring a civil claim against the truck driver and, in some cases, also against the commercial carrier that employed the driver. If the injury victim lost his or her life as a result of the accident, then the victim's family can bring a wrongful death claim. The decedent's estate also may pursue a survival action.

A civil claim may be brought before the criminal charges have been resolved. Additionally, a civil claim can be brought even if the truck driver is not convicted of any criminal acts. The civil lawsuit is completely separate from the criminal case. The burden of proof in a civil action is lower than the burden in a criminal trial. With criminal charges, the prosecutor must prove beyond a reasonable doubt that the driver committed the criminal act. In a civil case, however, the injured person need only prove by a preponderance of the evidence that the truck driver acted negligently and, as a result of that negligence, the individual was injured and suffered damages.

Likewise, wrongful death and survival actions may be brought before, during or after any criminal proceedings against a negligent truck driver. In a wrongful death action, the surviving family members seek damages for the losses they suffered as a result of losing a loved one. In contrast, a survival action is a claim brought by the decedent's estate for losses the decedent suffered prior to death. Under Wisconsin law, there is a three-year statute of limitations for bringing a wrongful death or survival action.

Damages Available in Wisconsin Civil Claims

The types of damages that may be recoverable in a civil lawsuit vary depending on the type of claim that is filed. In a negligence case, some of the typical damages that may be recoverable include past and future medical expenses, lost wages, loss of future earning potential, and pain and suffering.

In wrongful death actions, the types of damages that are available and the amounts that may be recoverable are limited by Wisconsin law. Under the wrongful death statute (Section 894.04), the following damages may be available:
- Loss of consortium, society and companionship
- Medical expenses
- Funeral and burial expenses
- Loss of support
- Loss of value of household services
- Loss of inheritance

The Wisconsin wrongful death statute places 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 for the loss of a child.

Wrongful death actions typically are brought by the decedent's spouse and/or minor children. If the decedent was unmarried, then the decedent's parents or siblings may file a wrongful death action.

Survival actions are somewhat different. They may only be brought by the representative of the decedent's estate. This may be the executor of the decedent's will, or if the decedent died without a will, then a court-appointed representative. Some of the losses that may be recoverable in Wisconsin survival actions include medical expenses before death, loss of earning capacity before death, and conscious pain and suffering. In some cases, punitive damages also may be available in survival actions.

Conclusion

Truck drivers are professional drivers. 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 by state and federal law. These regulations cover everything from the size of the load the truck can haul to the number of hours a truck driver can operate a commercial vehicle in any given day. The purpose of these regulations is to protect the safety of the drivers and those they share the road with. When truck drivers fail to follow these important regulations and operate their vehicles in a safe and appropriate manner, catastrophic accidents can and do happen.

For more information on filing a civil claim against a negligent truck driver, contact an experienced attorney today.

Article provided by Aiken & Scoptur
Visit us at www.plaintiffslaw.com