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When a commercial truck collides with a passenger vehicle, the results are often devastating. Commercial trucks can weigh up to 80,000 pounds when fully loaded, while most passenger cars weigh between 3,000 and 4,000 pounds. This significant size difference means that when these vehicles collide, occupants of the smaller vehicle almost always suffer the worst injuries. These crashes frequently result in catastrophic injuries, including traumatic brain injuries, spinal cord damage, severe burns, and broken bones.
Wisconsin truck accident lawyers at Pemberton Personal Injury understand the unique challenges these cases present. Founder William Pemberton worked as an insurance defense attorney before dedicating his practice to representing injured victims. This insider knowledge of insurance company tactics provides the firm with a strategic advantage in negotiations and litigation. The legal team serves clients throughout Sun Prairie and the surrounding areas from offices in Madison, Baraboo, and Eau Claire.
Wisconsin law holds trucking companies and their drivers to strict safety standards. The Federal Motor Carrier Safety Administration sets regulations governing hours of service, vehicle maintenance, driver qualifications, and cargo securement. When trucking companies or drivers violate these rules, they can be held liable for resulting accidents.
Typically, a lawsuit must be filed within three years from the date of the accident, and this time period generally applies to car accident claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline. Individuals who are mentally incapacitated at the time of the accident may receive up to five additional years, though this extension cannot exceed five years from the accident date.
One significant difference between truck accidents and regular car accidents is the number of potentially liable parties. Beyond the truck driver, multiple entities might share responsibility for your injuries.
The trucking company can be held liable under the doctrine of respondeat superior if the driver was acting within the scope of employment. Companies can also face direct liability if they fail to properly maintain vehicles, inadequately train drivers, or push drivers to violate hours-of-service regulations.
Other liable parties may include cargo loading companies if improper loading caused the truck to become unstable or if unsecured cargo shifted during transport. Maintenance contractors can be liable if they perform substandard repairs or fail to identify safety issues during inspections. Parts manufacturers may face product liability claims if defective components, such as brakes, tires, or steering systems, contributed to the crash. Even other drivers might share fault if their negligent actions forced the truck driver into a no-win situation.
Our Wisconsin personal injury lawyers can help you pursue compensation for both economic and non-economic losses. Economic damages include past and future medical expenses, lost wages, reduced earning capacity if you cannot return to your previous occupation, property damage, and rehabilitation or assistive device costs.
Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and scarring or disfigurement. If the truck driver or company acted with reckless disregard for safety, Wisconsin law may allow punitive damages to punish the wrongdoer and deter similar conduct.
Wisconsin follows a modified comparative fault system under Wisconsin Statutes Section 895.045. This means you can recover compensation even if you were partially at fault for the accident, as long as your percentage of fault does not exceed 50 percent.
If you are found 51 percent or more at fault, you cannot recover any damages. For example, if you suffered $100,000 in damages but were found 20 percent at fault for the collision, you would receive $80,000. Insurance companies often attempt to shift more blame onto accident victims to reduce their payouts. An experienced attorney can gather evidence to accurately establish fault and protect your recovery.
Trucking companies and their insurers have teams of lawyers and investigators working to minimize their liability from the moment an accident occurs. They often dispatch rapid-response teams to accident scenes to gather evidence supporting their version of events. Without legal representation, you face an uphill battle.
Critical evidence in truck accident cases can disappear quickly. An attorney can send a spoliation letter requiring preservation of important information. Evidence that must be preserved includes the following:
Our experienced lawyers know how to secure this evidence before it vanishes. We can also accurately value your claim by consulting medical experts on future treatment needs, working with economists to calculate lost earning capacity, and assessing the full scope of current and future damages.
Insurance adjusters will pressure you to accept quick settlements that fall far short of what your case is worth. They are trained to ask questions designed to minimize your claim. Having an experienced lawyer ensures you do not settle for less than you deserve and that all communications with insurance companies protect your interests.
Your actions immediately after an accident can significantly impact your ability to recover compensation. Call 911 first to report the accident and request medical assistance, even if you feel fine. Some injuries do not show symptoms immediately.
Seek medical attention promptly and follow all treatment recommendations. Gaps in medical care give insurance companies ammunition to argue your injuries are not serious. Document everything at the scene if you are physically able. Take photos of vehicle damage, road conditions, skid marks, traffic signs, and visible injuries. Get contact information from witnesses. Obtain the truck driver’s name, license number, and insurance information, as well as the trucking company’s name and DOT number displayed on the vehicle.
Do not give recorded statements to insurance adjusters without consulting an attorney first. Politely decline and explain that you will provide information through your lawyer. Keep all records related to the accident, including medical bills, repair estimates, pay stubs showing lost wages, and receipts for out-of-pocket expenses. Our trusted lawyers can guide you through each step of the process to protect your claim.
Time is critical in truck accident cases, both because of the statute of limitations and because evidence can disappear quickly. The firm works on a contingency fee basis, meaning you pay nothing unless compensation is recovered on your behalf.
If a truck accident has turned your life upside down, do not face the legal battle alone. Contact Pemberton Personal Injury for a free case evaluation. The team will review the details of your accident, explain your legal options, and help you understand the potential value of your claim.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$33M+ Won For Our Clients
The client was seriously injured in a trucking accident, sustaining approximately $120,000 in medical expenses. After thorough treatment and recovery, we partnered with co-counsel to build a strong case. Despite questions about future complications, we successfully negotiated a $575,000 settlement to compensate the client for injuries sustained, medical treatment received, and the impact on quality of life.
The client was rear-ended by a semi while parked on the side of the highway. He sustained significant back injuries, had surgery the day of the crash, but very little follow up treatment after the surgery. We obtained double the insurance company’s initial offer of $250,000.
“If you ever need an attorney, he would be the first one I recommend”
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”
