If you’ve been involved in a truck accident, our experienced lawyers are here to help you.
Truck accident and semi-truck accident cases differ greatly from the general rules of the road that apply to automobile accident cases. Highly experienced and well-versed in the responsibilities that truck drivers must follow, our truck accident lawyers have the knowledge and ability to properly evaluate your injuries, as well as the economic and accounting rules needed to evaluate your damages.
Why should I hire a Wisconsin truck accident lawyer?
Truck accidents happen all the time and result in personal injuries or wrongful death claims. However, it would be mistaken to think that they are always easy to resolve. In addition to the “rules of the road,” the truck accident attorneys at Murphy & Prachthauser understand the special duties imposed on commercial and public carriers, as well as the complex scientific and engineering principles often necessary to unravel just how an accident occurred and who was at fault. We are Milwaukee’s truck accident lawyers, and we have the knowledge and ability to properly evaluate your injuries, as well as the economic and accounting rules needed to evaluate your damages.
What are the types of truck accidents?
There are several types of truck accidents in Wisconsin:
- Rollover Collisions: A potentially deadly accident in which a truck flips onto its side or roof while in motion, often causing collisions with other nearby motorists. Common causes of these accidents are:
- Speeding
- Taking turns too quickly
- Improper cargo loading
- Sideswipe Collisions: A sideswipe truck accident, also known as a lane departure crash, occurs when the driver coasts into the adjacent lane, hitting another vehicle going in the same direction. Common causes of these accidents are:
- A failure to check blind spots
- A failure to signal a lane change
- Distractions
- Hydroplaning
- Rear Impact Collision: A rear-end truck accident occurs when a truck collides with the vehicle in front of it, often pushing the vehicle into yet another vehicle. Common causes of these accidents are:
- Tailgating
- Panic stops
- Distractions
- Lack of traction
- Head-On Collision: A head-on truck accident is one of the more dangerous types of crashes, especially when the vehicles involved have such a drastic difference in size. Typically these collisions occur when a truck strays out of its lane and into the path of an oncoming vehicle. Common causes of these accidents are:
- Distractions
- Loss of control
- Left-Turn Collision: Left-turn truck accidents occur when a vehicle makes a left turn at an intersection into oncoming traffic, often resulting in a T-bone crash. A driver making a left-hand turn only has the right of way if they are acting on a left-turn arrow. Common causes of these accidents are:
- Misjudgment of speed
- Misjudgment of the distance between vehicles
- Obstructed view
- Failure to Yield Collision: Wisconsin law clearly states the rules of the road and when to yield the right of way. A failure to yield commonly occurs at intersections and can cause a number of different accidents, such as head-on collisions and T-boning. Common causes of these accidents are:
- Distractions
- Malfunctioning traffic lights
- Aggressive driving
- Jackknife Collision: Jackknife truck accidents occur when a cab skids in one direction while its trailer goes in another, forming a 90-degree angle. A jackknifed tractor-trailer can often hit many vehicles across multiple lanes as it loses control. Common causes of these accidents are:
- Bad brakes
- Speeding paired with sudden stops
- Road conditions
- Driver inexperience
- Wide Right Turn Collision: Wide right turn truck accidents occur when there is not enough space between a truck and a car. When the truck makes a right turn, their cab then hits a car in the adjacent lane. Common causes of these accidents include:
- Driver not starting far enough to the left to make the turn
- Unchecked blind spots
- No turn signal
- Improperly Loaded Cargo Collision: Cargo that has been improperly loaded and secured in the cab of a truck can shift the weight moving around inside the cab, which can cause the tractor to sway or even spill its contents. Even if the contents themselves don’t cause damage, it can influence drivers to swerve in their lane, possibly off the road or into other cars. A common cause of these accidents includes mishandling and loading the cargo incorrectly by the truck loaders.
What are the common causes of truck accidents in Wisconsin?
According to the United States Department of Transportation, there are 500,000 estimated truck accidents every year. The most common causes of truck accidents are:
- Driving at Excessive Speeds: Often leads to loss of vehicle control.
- Distracted Driving: Discussing how distractions like mobile phones increase the risk of truck accidents, advocating for focused and attentive driving.
- Intoxicated Driver: Describing the dangers and legal implications of driving under the influence, stressing the importance of sobriety in preventing accidents.
- Blind spots: Accidents caused by trucks’ large blind spots, leading to dangerous situations for other drivers on the road.
- Fatigued Driving: Due to long hours on the road and unrealistic schedules.
- Faulty Trucks and Parts: Poor vehicle maintenance, including improper cargo loading contributing to mechanical failures.
- Dangerous Roads and Intersections: Notable roads include Interstate 94, Highway 49, and more.
- Weather: Inclement weather leading to lack of visibility or unexpected changes on the road.
What should I do after a Wisconsin truck Accident?
If you’ve been involved in a truck accident in Wisconsin, there are certain steps you should take immediately:
- Take down insurance and contact information.
- Name
- Address
- Phone number
- Driver’s license number
- Make and model of their vehicle
- License plate
- If possible, get witness names and contact information
- Get medical help. Call an ambulance in case of injury, and always call the police if estimated damages exceed $1,000 dollars.
- Take photos of the accident scene. Make sure you get photos of the truck involved in the accident as well as your own vehicle.
- Call a lawyer right away. Even if you don’t think you need legal representation, it is important to call a truck accident attorney right away. An attorney can help you obtain police reports, obtain traffic cam footage (which is often deleted every 72 hours) and they can also help you manage medical bills, lost wages, and other expenses.
- Notify your insurance company. You may not need to make a claim against your own insurance company, but you should still provide notice of an accident.
- Don’t post about your accident on social media. Wait until you talk to your attorney before posting anything on social media. Anything you post can be found by insurance companies and used against your insurance claim and potential settlement.
- Don’t settle. You are not required to settle your case unless you feel it is the right choice. It is important to find a lawyer who doesn’t just settle every case as fast as possible. In fact, it’s best to have a legal team that is willing and able to take your case to court and win. Preparing every case like it is going to trial means your legal team is behind you 100 percent, not just hoping to settle your case and move on to the next.
Wisconsin Truck Accident FAQs
Because the trucking industry is heavily regulated, truck accident law is significantly more complex than auto accident law. Frequently, an action can be brought against not just the driver, but also the driver’s employer (the trucking firm) and the insurance company. Therefore, you need a truck accident lawyer who has the experience and specialized knowledge to lead the investigation into the cause of the truck accident and help you collect the maximum amount allowed under the law.
Truck accident cases are similar to other personal injury cases, starting with the question of liability: who is at fault, are they entirely responsible for the truck accident or are there other people responsible, and is the person claiming injury partially responsible for the truck accident? The ultimate damage issue in a truck accident case is: what is fair and reasonable compensation for injuries suffered as a result of the truck accident? A Wisconsin truck accident lawyer from our team can help you find the answer.
The timeline of a truck accident claim in Wisconsin can be influenced by several key factors, including:
- Liability Investigations: Determining fault in a truck accident often takes time due to the complexity of these cases. It requires gathering evidence like police reports, witness statements, and data from the truck’s black box, which can prolong the process.
- Insurance Interactions: Negotiating with insurance companies can be a lengthy process, especially when dealing with multiple policies from the trucking company, driver, and potentially other parties. Insurance companies may delay or dispute claims, extending the timeline.
- Medical Treatments: If the injuries sustained in the accident are severe, claimants may need extended medical care or rehabilitation. Settling a claim before treatment is complete can result in underestimating future medical costs, so the timeline may extend until the full extent of the injuries is known.
Negotiation Willingness: The opposing party’s readiness to negotiate and reach a settlement can also impact the claim’s timeline. If they are unwilling to settle, the process can drag on, and the case may even need to proceed to court.
Following a Wisconsin truck accident, you may pursue various types of compensation, including:
- Medical Expenses: You can seek compensation for all medical costs related to the accident, such as emergency room visits, surgeries, rehabilitation, and ongoing treatments, including future medical expenses if long-term care is necessary.
- Lost Wages: If the accident caused you to miss work, you may be entitled to compensation for lost income. This also includes future lost earning potential if the injuries impact your ability to return to work or perform at the same capacity.
- Pain and Suffering: Non-economic damages like pain and suffering are meant to compensate for the physical pain and emotional distress caused by the accident. This type of compensation varies depending on the severity and long-term impact of your injuries.
- Property Damage: You can seek compensation for damage to your vehicle and other personal property involved in the accident. This includes the cost of repairs or the fair market value if your vehicle was totaled.
Loss of Consortium: In cases where the injuries significantly affect your relationship with your spouse, such as loss of companionship or intimacy, you may be entitled to compensation for loss of consortium.
Multiple parties can be held liable for a Wisconsin trucking accident depending on the circumstances, including:
- Truck Driver: The driver may be held responsible if the accident was caused by negligence, such as speeding, distracted driving, or driving under the influence.
- Trucking Company: The trucking company could be liable if it failed to properly train the driver, enforce safety regulations, or maintain the vehicle. In some cases, they may also be responsible for pushing drivers to meet unrealistic delivery schedules, leading to fatigue or reckless driving.
- Cargo Loaders: If improper loading or securing of cargo caused the accident, the company or individuals responsible for loading the truck may be held accountable.
- Vehicle Manufacturers: Defective truck parts, such as faulty brakes or tires, can lead to accidents. In such cases, the manufacturer of the defective component could be held liable for the accident.
Maintenance Providers: If improper maintenance or repairs contributed to the accident, the company or individual responsible for maintaining the truck could also be liable.
The statute of limitations for filing a claim after a semi-truck accident in Wisconsin is typically three years from the date of the accident. However, there are exceptions that can impact this timeline. For example, if the accident involves a government vehicle or entity, you may have a shorter time frame to file a claim, or if a wrongful death occurred, different rules may apply. It’s crucial to act promptly and consult an experienced truck accident lawyer to ensure you meet all deadlines and protect your right to compensation.
Truck accidents commonly cause severe injuries, including:
- Traumatic Brain Injuries (TBI): Truck accidents can cause head trauma, leading to concussions, skull fractures, or more serious brain injuries that may result in long-term cognitive and physical impairments.
- Spinal Cord Injuries: These injuries can result in partial or complete paralysis, depending on the severity of the spinal cord damage. Spinal injuries often require extensive medical care and rehabilitation.
- Broken Bones: The impact of a truck accident can cause fractures in the arms, legs, ribs, and other parts of the body, sometimes requiring surgeries or long-term recovery.
- Internal Injuries: Damage to internal organs, such as the lungs, liver, or kidneys, can occur due to blunt force trauma. Internal bleeding and organ damage can be life-threatening and require immediate medical attention.
- Whiplash and Neck Injuries: Sudden impact in a truck collision can result in neck injuries, including whiplash, which may lead to chronic pain or reduced mobility.
Lacerations and Burns: Truck accidents can result in cuts from shattered glass or metal, as well as burns from fires or explosions, often leaving victims with permanent scarring.