Semi accidents can lead to devastating outcomes for all involved. When a car is in an accident with a semi and the accident is the fault of the semi driver, the car driver might be able to pursue a claim for compensation against the semi driver. One of the main concerns in situations like this is comparative fault, as it could mean the victim is unable to obtain any compensation if they are found to be more than 51% at fault in the accident.
If the semi driver made a mistake and caused the accident, they would be responsible for compensating the victim of the accident. Typically, the insurance company will pay this settlement. However, the insurance company will want to limit how much they will pay to avoid overspending. One of the ways they will do this is to try to claim the victim of the accident was at least partially at fault. They might claim the victim was more than 51% at fault as this means they do not need to pay any compensation to the victim.
The victim will want to hire an attorney if they are denied a claim based on comparative fault. The attorney will review the case to determine if their client did anything that could be considered to be a cause of the accident. If not, they can negotiate with the insurance company or take the case to court. In court, the insurance company will need to prove comparative negligence to be able to reduce the settlement or avoid paying it. The attorney for the victim will deny the claim and can present evidence on their own that shows their client did not contribute to causing the accident. If successful, the victim will be awarded compensation for the accident.
If you were seriously injured in an accident involving a semi truck and you are being denied compensation based on comparative fault, make sure you contact a Wisconsin Semi Accident Attorney as soon as possible. The attorney is going to do as much as possible to help you obtain the compensation you need and to prove you did not have a hand in causing the accident so your compensation is not lowered through the comparative fault rule.