Injured By a Work Vehicle? What You Need to Know
If you were injured by another person driving their work vehicle in Wisconsin, you may have several avenues to pursue compensation for your injuries. Here’s what you should do:
1. Report the Accident to the Police
If the accident involved injuries or significant property damage, it is important to call the police and file a report. The police report will document the details of the accident and may help establish liability later on. Be sure to get a copy of the report for your records.
2. Collect Information from the Driver
Obtain the driver’s name, contact details, driver’s license number, and insurance information. If they were driving a work vehicle, make sure to get the company’s name, address, and contact information as well. This information will be important when filing claims with the driver’s personal insurance or the company’s insurance.
3. Determine If the Driver Was on the Job
The key question here is whether the driver was "on the job" at the time of the accident. If the driver was performing work-related duties when the accident occurred, the employer might be held liable under a legal doctrine called vicarious liability. In this case, the employer’s insurance may cover your damages instead of the individual driver’s personal policy.
For example: If the driver was making a delivery, traveling to a job site, or carrying out any other task related to their work duties, their employer might be responsible for compensating you.
4. File a Claim with the Driver’s Insurance
If the other driver’s negligence caused the accident, you can file a claim with their personal auto insurance or the employer's commercial vehicle insurance (if they were on the job). You may be able to recover medical expenses, lost wages, pain and suffering, and other damages through their insurance.
5. Check if You Are Covered by Your Own Insurance
If the other driver’s insurance is not enough to cover your injuries or if the driver was uninsured or underinsured, your own auto insurance policy may come into play. If you have uninsured/underinsured motorist (UM/UIM)coverage, this could help cover the costs of your medical bills, lost wages, and other damages.
Even if you were not driving, some personal injury protection (PIP) or medical payments coverage on your own policy may apply.
Final Thoughts:
Injuries caused by someone driving a work vehicle can be complex due to issues of liability and whether the employer is responsible for the driver’s actions. Consulting with an attorney is important to ensure that you are fully compensated for your injuries, both through the driver’s or employer’s insurance and any potential lawsuits.
If you, or someone you know, has been wrongfully injured, contact Buss Law, LLC today for a FREE consultation!
INJURED? “DON’T FUSS, CALL BUSS!”
CALL (414) 246-1000 TODAY!
