Your vehicle type matters in accidents. It can position you legally, develop claims complexity, and affect total recovery.
Vehicle type means different rules, insurance, and the mechanics of the accident. Something that may seem straightforward could develop into a much more complex claim, depending on what kind of vehicle you were driving (passenger vehicle, motorcycle, commercial truck, rideshare, electric vehicle).
Crash Severity and Injury Patterns
Passenger Cars vs. SUVs vs. Trucks
There are generally higher risk of injury when cars (or any other smaller vehicle) crash into larger “trucks” than if they crashed into other cars because their mass and structural designs are dramatically different in urban settings like Milwaukee.
When facilitating collisions between vehicles of unequal size, one of the issues that courts may consider is the concept of “crashworthiness.”
For example, because SUVs have greater mass and momentum and create greater profiles, occupants in cars at or near the point of impact often experience greater impact force which translates into more serious injuries.
Motorcycles and Vulnerabilities
Motorcycle riders are completely unprotected from surrounding vehicles. They are vulnerable to road rash, fractures, and traumatic brain injuries.
There are not many laws that reduce liability regarding motorcycle injuries while wearing a helmet in Wisconsin, but injuries tend to be worse and lead to far greater overall damage calculations related to pain-and-suffering, medical payment obligations and rehabilitation.
Insurance Requirements and Limitations
Commercial Vehicles (Semi-Trucks, Delivery trucks)
In Wisconsin, commercial vehicles (like semi-trucks and delivery trucks) must meet FMCSA requirements including liability requirements of $750,000—$5 million based on the type of cargo (see § 49 C.F.R. Part 387).
You can see a huge difference between these liability limits compared with passenger vehicles which required a minimum liability limit of $25,000/$50,000/$10,000 (§ 344.62 Wis. Stat.).
Ultimately with truck claims, an insured will base their claim strategy off higher liability limits, or they could literally pull and use their umbrella policy.
Rideshare and Taxi Vehicles
Milwaukee Rideshare vehicles have an unusual coverage model—non-commercial coverage while the vehicle is idle and full commercial coverage while accepting a ride.
This model raises significant timing issues because it litigates where the crash took place (aka pre-trip, en route, or post-trip) when determining which insurance to apply and what damages are subrogated.
Motorcycles and Specialized Coverage
While electrical motorcycles are mandated by written law to have liability coverage, UM/UIM coverage is optional. Because motorcycle accident crashes typically lead to costly bills, policy limits are crucial to the recovery.
Lawyers should check that the UM/UIM provisions exist, and should encourage clients to stack policies whenever possible whenever the client is covered under more than one motorcycle or household vehicle.
Electric and Hybrid Vehicles
Overhead repairs on Electric vehicles (EV), typically requires upfront approval of aftermarket parts for upgrades (e.g., upgrading the Volt-Amp circuit for repairs), or recalibrating sensors, or potentially hazardous battery containment. In general fairly standard insurers will undervalue an EV case.
There are tools specifically geared toward aftermarket parts on EVs, and lawyers should ensure they guide their clients to appropriate facility who can replace or upgrade parts with aftermarket options.
Regulations, Driver Qualifications, and Liability
Commercial Driver Regulations
It should be noted that commercial drivers (“CDL”) are widely regulated by hours of service / hours of operation, licensing, training, maintenance of logs, and vehicle inspections (see e.g., 49 C.F.R. Part 392–396).
Violations have a cascading effect not only increase liability, but may also be an independent basis for punitive damages. For example, in Wisconsin, these types of violations are admissible to show gross negligence under Wis. Stat. § 895.043 if there’s a causal connection with the actual crash; that is, the driver’s corporate lapses caused or aggravated the crash.
Rideshare Driver Requirements
Native Uber and Lyft drivers do not accrue the same “privileges” and obligations as traditional taxi drivers.
Rideshare drivers must complete a vehicle inspection, a background check, and training, and if the driver does an inspection or ignores to comply with this State’s otherwise required background check (e.g. driver license suspended or revoked), claims for rideshare companies depending on the underlying tortious cause of action could be enhanced i.e. negligent hiring or supervision claims.
Special Licensing (Motorcycles, School Buses)
Also, limited licensure or “not having” the required endorsements (i.e. category “M” motorcycle endorsement or school bus) can establish negligence per se, and strengthen the claims against drivers.
While a breach of duty may exist when a driver is non-compliant – corroborative evidence can take the breach of duty to another level by allowing attorneys to claim enhanced damages.
Crash Analysis and Technical Evidence
Passenger Cars and Data Collection
Most newer model cars have collision warning systems, Event Data Recorders (EDRs), and camera systems.
Reconstruction experts can investigate this data to support arguments regarding speed, brake- and steering-related behavior and subsequently establish helpful arguments in regard to liability and causation.
Truck Telemetry and Black Boxes
Telematics in trucks can include an electronic logging device (ELD), a GPS, an engine control module, and advanced brake systems. Captioning or limiting access to this raw data may prove troubling for the defense.
Careful preservation with spoliation letters, and use of experts can ensure a reliable reconstruction of data after revealing if non-compliance occurred, such as speeding or hard braking.
Motorcycle Crash Patterns
The damage on a motorcycle’s handlebars, mirrors or gear (e.g.: helmet) provides reconstructionists with their best angle of impact, severity of impacts, and collision severity.
This hard data is the best practical evidence for a reconstruction-case, especially in ‘lane changes’ or single vehicle crashes involving poor pavement or road debris.
Comparative Fault, Motorcycle Exceptions, and Repair Claims
Modified Comparative Negligence
Wisconsin law recognizes compensation for all claims unless the plaintiff has more than 50% fault (Wis. Stat. § 895.045). The type of vehicle partially affects how fault will be assigned. For instance, for motorcycles it may create different issues with additional scrutiny around lane sharing.
Typically, car accident attorneys can argue the defendant was primarily responsible for a failure to yield, and maintain the client’s fault below 50 percent.
Motorcycle Helmet Law and Evidentiary Issues
In terms of rider helmet use, riders who utilize a helmet receive a full rebuttable presumption that it was used; nonetheless, if the insurer can show a helmet was not worn, damages could be reduced.
Replacement of helmets and consideration of inadequate rider gear could reduce recoverable financial compensation under Wis. Stat. § 895.048.
Repair Claims by Vehicle Type
Claims arising from motor vehicle incidents (car) may involve “diminished value compensation” even if the repairs do serviceability, but also do not restore the resale value. Claims involving EVs or luxury vehicles often withstand depreciation arguments.
In claims which include aftermarket features including features such as wireless charging, lane assistance, or high-end audio, the arguments could substantiate repairs that exceed OEM specifications.
Reducing Risk and Enhancing Milwaukee Accident Claims
- Post-accident: Take complete and thorough photographs (all vehicle types, all angles, all damages, Event Data Recorder labels, any specialized equipment, sensors, or helmets).
- Evidential Preservation: Spoliation letters to the OEM, insurers, and providers of data; execute Event Data Recorders and Electronic Logging Device downloads within 30 days.
- Specialized assurance: only with Federal Motor Carrier Safety Administration qualified (compliance) consultants for trucks or certified electric vehicle repairs for electric vehicles or evidentiary (bike reconstructionist) for motorcycles.
- Pre-Litigation: Seek preservation of data; obtain declaratory relief for coverage; and document gross negligence for negligent driver practices and any negligent fleet practices for punitive damages.
Get Aggressive Representation for Your Accident Claim in Milwaukee
The type of vehicle involved can drastically change the overall outcome of an accident in Milwaukee.
The insurance maneuvers and rationale, repair ecosystem and methodology, data analysis, and manage the bodily harm portion of a claim each have distinctly different levels of complexity to navigate. The range of mass, varied complexity of motor vehicle systems, and how fault is established, create different legal considerations.
Car accidents lawyers Milwaukee with verifiable experience can vigorously advocate for you to maximize injuries and damages from your personal injury claims.