Alan Hensiak Killed in Grant County Pedestrian Accident
79-year-old Union Grove man died after being struck on Highway 151, Sheriff reports
Alan Hensiak, 79, of Union Grove, Wisconsin, died at University of Iowa Hospital after being struck by a vehicle on Highway 151 in Grant County on March 27, according to the Grant County Sheriff's Office. Deputies and first responders arrived at the scene the night of March 27. Mr. Hensiak reportedly exited his vehicle after striking a concrete barrier while entering the northbound lane of Highway 151. He then walked onto the highway where an oncoming vehicle struck him. Mr. Hensiak succumbed to his injuries on April 6, according to the Grant County Sheriff's Office. The Grant County Sheriff's Office continues to investigate the crash.
Hensiak, 79, tragically died from injuries sustained after he was struck by a vehicle on Highway 151. The Grant County Sheriff's Office is leading the investigation into this collision. Investigators will examine the sequence of events that led to Mr. Hensiak exiting his vehicle and walking onto the highway, as well as the actions of the oncoming driver.
National Legal Analyst Candice Bond, Managing Partner at Bond Legal, noted that "wrongful death claims present a complex legal process where every detail matters in securing justice for the bereaved."
Wisconsin wrongful death statute
In Wisconsin, a wrongful death action may be pursued by surviving family members under Wis. Stat. § 895.04. This statute allows certain relatives to seek compensation when a death is caused by the wrongful act, neglect, or default of another. Claims typically must be filed within three years of the death.
Damages that may be recovered in a wrongful death claim can include financial support the deceased would have provided, compensation for the loss of society and companionship, and funeral and burial expenses. The estate of the deceased may also pursue a survival action to recover losses incurred by the individual between the time of injury and death.
Comparative fault in Wisconsin
Wisconsin operates under a modified comparative fault system, outlined in Wis. Stat. § 895.045. Under this framework, a claimant's ability to recover damages is limited if their own negligence contributed to the crash. If the deceased is found to be 51% or more at fault for the crash, their family may be barred from recovering damages. If their fault is less than 51%, any awarded damages would be reduced proportionally to their percentage of fault.
Bond noted that "wrongful death claims present a complex legal process where every detail matters in securing justice for the bereaved."