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Between medical bills, insurance claims, and potential legal issues, not to mention dealing with the pain of your injuries and doctor visits, you will likely have a lot on your plate after a car accident.

One of the first steps to making the process smoother is knowing how to find the best car accident lawyer near me. In this guide, we’ll help you find the right fit.

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Why You Need a Car Accident Lawyer

Complex legal issues surround car accidents. Whether you’re filing insurance claims or seeking compensation from the at-fault party, the legal hurdles can overwhelm anyone.

Insurance adjusters specifically train to prompt you to make statements that hurt your case and save their company money.

Insurance companies have attorneys on staff to give them constant legal guidance on how to outmaneuver you and undervalue your car accident claim.

This is often the main objective of the adjuster representing the liable party in your auto accident. To level the playing field, secure a car accident attorney near you to represent you.

An injury attorney can gather evidence, deal with insurance companies, and negotiate better settlements so that you can focus on healing.

What to Look for in a Car Accident Attorney in Wisconsin

Knowledge of Local Laws

The legal landscape can vary significantly from state to state. You need a lawyer who understands Wisconsin’s specific laws and regulations concerning car accidents.

At Pemberton Personal Injury Law Firm, our team is well-versed in local laws, making us well-equipped to handle your case.

Track Record

When it comes to legal representation, past performance often indicates future results. A lawyer with a strong history of favorable verdicts and settlements may secure a positive outcome for you.

Availability

You need to communicate with your lawyer when you need them. Look for a lawyer who updates you regularly and who you can easily reach for any queries you may have.

The Importance of Online Reviews and Testimonials

Online reviews and client testimonials are valuable tools when choosing a lawyer. They can give you a good sense of a lawyer’s reputation and the quality of their work.

Initial Consultation: What to Expect

The first meeting with a lawyer usually involves sharing your account of the accident and any supporting evidence you may have.

Bring:

• Police reports
• Medical records
• Photographs of the accident
• Insurance paperwork

What Are Some Red Flags to Avoid with a Car Accident Attorney?

Be wary of lawyers who aren’t transparent about their fees or who are difficult to reach. A lack of communication can damage your case.

Costs and Fees

Different law firms have different fee structures. Some operate on a contingency fee basis, meaning they only get paid if you win the case. Make sure you understand how they’ll bill you before you commit.

How Long Do Personal Injury Lawsuits Take to Resolve?

Many accident cases resolve without ever entering a courtroom or initiating a lawsuit. Some injury lawsuits settle during the litigation process and legal proceedings.

However, if the insurance company will not offer a fair settlement and the case proceeds to trial, the entire process can take longer.

This timeframe varies based on how complex the case is, the court’s caseload, and the specific matters under dispute.

If I Don’t Want to Go to Court, Can a Car Accident Lawyer Still Help Me?

Most people would rather avoid the courtroom if possible, wishing that all parties would simply own up to their actions.

Unfortunately, that’s not always the case. You need an attorney who strives to resolve your accident claim outside of court but will prepare to take it to trial if that’s what you require for justice.

Insurance companies know which attorneys will initiate a lawsuit for their clients.

An experienced car accident attorney in Wisconsin should do everything within their power to settle your personal injury case and lower any bills you might have, all while aiming to keep you out of court.

Is My Case Big Enough for a Car Accident Attorney to Handle?

Whether or not your case is large enough to handle depends on factors that attorneys must decide on a case-by-case basis.

Personal injury lawyers typically work on a contingency fee basis. They must weigh the anticipated cost of litigation, the complexity of the case, the uniqueness of the legal issues involved, and the risk of losing the case.

In addition, attorneys have to factor in the anticipated amount of an award or settlement, and the availability of time in light of their existing caseload.

Just because the medical bills are low does not mean that the case value is low. Nor does one attorney concluding that he cannot handle the case mean that no attorney can handle the case.

Talk to several lawyers before concluding that your case is simply not large enough for a lawyer to handle.

Contact a Wisconsin Car Accident Lawyer Near You

Recovering after an accident is tough, both emotionally and financially. You’re likely dealing with medical bills, repair costs, and lost income. But you’re not alone.

The experienced car accident attorneys at Pemberton Personal Injury Law Firm can identify who’s at fault, deal with insurance companies, and secure the financial help you need, even while you’re still getting medical treatment.

They’ll collect important documents like police reports, talk to insurance companies and other parties, and gather other vital information to build your case.

To find out how we can assist you, call us today at (608) 448-6242 or speak with a car accident attorney online.

There is a difference between filing a personal injury insurance claim and filing a lawsuit. Your personal injury lawyer will usually start by filing a claim as an initial step in seeking compensation after a car accident. Filing a claim primarily involves negotiations with the insurance company with the goal of reaching a settlement.

Filing a car accident lawsuit, on the other hand, is a formal legal action that involves the court system and a structured legal process that may lead to a trial if a settlement cannot be reached.

The choice between these two approaches depends on the accident and the willingness of parties to negotiate and settle. Most car accident claims settle, but if your case goes to court, you need an experienced Madison car accident attorney. They will represent you in court, present evidence, argue on your behalf, and protect your rights throughout the legal process.

Gathering Evidence

Evidence is the foundation of the car accident lawsuit. It establishes the facts surrounding the accident, establishes liability, and proves damages – the impact of the injuries on the injured party’s life.

An attorney with experience in personal injury cases plays a crucial role in gathering, organizing, and presenting this evidence effectively in court or during negotiations to seek compensation for the injured party.

Your lawyer will collect the following types of evidence to support your case:

• Accident report: Official accident reports prepared by law enforcement officers at the scene of the accident provide crucial details, including the date, time, location, and a preliminary assessment of fault.
• Witness statements: Statements from individuals who were present at the scene but not directly involved may provide valuable testimony regarding what they observed.
• Photographs and videos: Pictures and videos taken at the accident scene can document the positions of vehicles, road conditions, and traffic signals, and document skid marks, tire tracks, and debris on the road to help investigators recreate the sequence of events leading to the accident.
• Vehicle damage: Examination of the vehicles involved can reveal the extent of damage and potentially shed light on the point of impact and force of the collision.
• Medical records: Medical records of injuries sustained by all parties involved can establish a direct link between the accident and the injuries. The receipts and bills for medical treatment, therapy, medications, and other related expenses help quantify the financial impact of the injuries.
• Traffic violations: Any traffic citations issued at the scene, such as for speeding or running a red light, can indicate negligence or fault.
• Black box data: In modern vehicles, event data recorders (EDRs) or “black boxes” may contain data on vehicle speed, braking, and other critical factors leading up to the accident.
• Phone records: Phone records may be examined to determine if a driver was using a mobile device at the time of the accident, establishing negligence through distracted driving.
• Expert opinions: Accident reconstruction experts may be called upon to analyze the evidence and provide expert testimony regarding the cause of the accident.
• Losses: Documentation of lost income, including pay stubs and employer verification, establishes the economic losses caused by the accident. Personal journals, therapy records, and statements from friends and family can help demonstrate the emotional and psychological impact of the injuries and factor into personal injury claims for compensation for pain and suffering.

Initial Court Proceedings

When a lawsuit is filed, the initial court proceedings, often referred to as the pleadings phase, involve a series of formal documents and actions that set the stage for the legal dispute.

These proceedings can vary by jurisdiction, but the general steps typically include:

• Filing the complaint: The plaintiff files a document known as a “complaint” with the appropriate court. The complaint outlines the plaintiff’s claims, including the legal basis for the lawsuit, the facts of the case, and the relief sought, such as monetary damages or specific actions.
• Service of process: After the complaint is filed, the plaintiff must serve a copy of the complaint and a summons on the defendant. This notifies the defendant of the lawsuit and their legal obligations. Proper service is crucial to ensure the defendant has notice of the lawsuit and an opportunity to respond.
• Defendant’s response: In Wisconsin, a defendant generally has 20 days to respond to a complaint in a car accident lawsuit. This response typically takes the form of an “answer,” where the defendant addresses the allegations made in the plaintiff’s complaint and asserts any defenses they may have. If the defendant fails to respond within the specified timeframe, they risk a default judgment being entered against them, which could have serious legal consequences.
• Counterclaims and crossclaims: The defendant may file a counterclaim if they have claims against the plaintiff. Counterclaims are essentially lawsuits within the main lawsuit. If there are multiple parties involved, they may file crossclaims against each other, addressing disputes among themselves within the same lawsuit.
• Amendments to pleadings: Both parties may seek to amend their pleadings to clarify or modify their claims or defenses. However, court approval may be required in some cases.
• Motions to dismiss: The defendant may file a motion to dismiss, arguing that the plaintiff’s complaint does not state a valid legal claim or that there are other procedural defects. The court may rule on the motion to dismiss, which can lead to the dismissal of some or all of the claims.

The court may schedule conferences to discuss case management, discovery (evidence gathering), and potential settlement. During these conferences, the court and parties may set deadlines, exchange information, and explore settlement options.

The court may also issue a case management order outlining important dates and procedures, including deadlines for discovery, pre-trial motions, and trial preparation.

During the initial court proceedings, the plaintiff, defendant, and their attorneys may engage in pre-trial negotiations, which are informal discussions attempting to reach a mutually agreeable resolution without going to trial. These negotiations may be conducted through direct communication, mediated discussions, or by written correspondence.

Discovery Process

In a legal proceeding, such as a car accident lawsuit, both parties exchange information as part of the discovery process. This exchange of information helps each party better understand the opposing side’s case, gather evidence, and prepare for trial. It also promotes transparency and allows both parties to assess the strength of their claims and defenses. Discovery methods include interrogatories and depositions.

Interrogatories

Interrogatories are a set of written questions submitted by one party to the other party or parties involved in the lawsuit to elicit specific information, facts, and details about the case. They can cover a wide range of topics relevant to the lawsuit.

The party receiving the interrogatories must provide complete, truthful written responses under oath. You must meet a specific deadline for submission. Interrogatories can ask about the party’s version of events, witnesses, evidence, insurance coverage, and other relevant matters.

Depositions

Depositions involve oral testimony given by witnesses, including parties involved in the lawsuit, under oath. A court reporter records the proceedings. Depositions serve several purposes, including obtaining sworn statements, clarifying or challenging testimony, and assessing a witness’s credibility.

Attorneys for both parties are present during depositions and can ask questions. The witness is under oath and obligated to answer truthfully. After the deposition, a court reporter produces a written transcript you can use as evidence in court.

The discovery process takes place under oath, and providing false or misleading information is perjury, which is a serious criminal offense. This means that lying during discovery can lead to criminal charges, fines, and potential imprisonment.

Truthfulness is also an ethical obligation. Truthfulness enhances your credibility as a party or witness. If you are dishonest during discovery, it can severely undermine your credibility with opposing counsel, the judge, and, if the case goes to trial, with the jury. A lack of credibility can significantly harm your case.

Pre-Trial Motions

In the context of a lawsuit, a motion is a formal request made by one of the parties involved in the case to the court. It is a written or oral application asking the court to take a specific action or make a particular ruling on a legal issue.

Two of the most familiar motions are:

• Motion to dismiss: This motion requests the court to dismiss some or all of the claims in the lawsuit. It may be filed if the defendant believes the plaintiff’s complaint lacks legal merit, fails to state a valid claim, or has procedural deficiencies.
• Motion for summary judgment: This motion asks the court to rule in favor of one party without a trial based on the undisputed facts and applicable law. It asserts that there are no genuine issues of material fact, and the court should decide the case as a matter of law.

However, motions serve a wide variety of purposes, including:

• Seeking a ruling, which is asking the court to make a decision on specific matters related to the case on issues of law, procedure, or evidence;
• Resolving disputes;
• Changing court orders;
• Challenging legal issues like the validity of a complaint, sufficiency of evidence, or the application of a particular law to the case;
• Controlling the trial process;
• Seeking relief such as injunctive relief, monetary sanctions, or a dismissal of the case;
• Requesting postponements; and
• Protecting rights.

The court reviews these motions, considers the arguments presented by both parties, and issues rulings that can significantly impact the trajectory of the case, potentially leading to its resolution, affecting trial strategy, or shaping the scope of the trial itself.

Trial

The trial process is a structured and formal procedure designed to resolve legal disputes based on evidence, legal arguments, and the principles of justice. There are several key stages, each serving a specific purpose.

Primary among these are:

• Jury selection (voir dire): The trial begins with jury selection, a process called voir dire. Attorneys for both sides and the judge question prospective jurors with the goal of choosing an impartial and unbiased jury that can fairly evaluate the evidence and render a verdict based on the law.
• Opening statements: After the jury is selected and seated, the trial officially begins with opening statements where each party’s attorney outlines their case’s key points and previews the evidence they intend to present. Opening statements provide an overview of the case and help jurors understand the context and issues involved.
• Presentation of evidence: The core of the trial involves the presentation of evidence, which includes witness testimony, documents, exhibits, and other relevant information. Both the plaintiff and the defendant can present their evidence and call witnesses to support their claims and defenses.
• Rebuttal and surrebuttal: After both parties present their cases, they may have the opportunity for rebuttal and surrebuttal. This involves offering additional evidence or witnesses to respond to points made by the opposing side.
• Closing arguments: Each attorney delivers a closing argument to summarize their case, reemphasize key points, and persuade the jury to adopt their perspective. Attorneys often highlight the evidence presented during the trial and explain how it supports their legal arguments.
• Jury instructions: Before the jury begins deliberations, the judge provides them with instructions regarding the applicable law, legal standards, and the elements the plaintiff must prove to win the case.
• Jury deliberations: The jury retires to a deliberation room to discuss the case and reach a verdict. Jury deliberations are confidential, and jurors must reach a unanimous decision (in most cases) to render a verdict.

Before the trial begins or at almost any point during the course of the trial, the plaintiff and defendant and their lawyers may reach a settlement agreement to resolve the case.

Verdict and Judgment

Once the jury reaches a verdict, they return to the courtroom, and the verdict is announced. The judge or a court clerk typically reads the verdict aloud. The verdict can result in a finding in favor of the plaintiff, the defendant, or a combination of both.

After the trial, there may be post-trial motions, such as motions for a new trial or judgment notwithstanding the verdict. If either party dislikes the trial’s outcome, they may file an appeal to a higher court.

If there is no appeal or if the appeal is unsuccessful, the court enters a judgment based on the trial’s outcome. The judgment specifies the legal obligations of the parties. You may take enforcement measures to carry out the judgment, such as the collection of monetary awards.

The trial is a structured and formal procedure to resolve legal disputes based on evidence, legal arguments, and the principles of justice. It follows strict legal rules and procedures to ensure fairness and impartiality.

Contact a Car Accident Lawyer at Pemberton Personal Injury Law Firm Today

After a car accident in Wisconsin, you don’t have to navigate the legal complexities alone. Our legal team has handled hundreds of car accidents, and we know what to look for to establish liability and bring a claim on your behalf.

If the insurance company refuses to settle, the experienced personal injury attorneys from Pemberton Personal Injury Law Firm can file a lawsuit and advocate for your rights in court.

Our firm has the experience and knowledge to help you get the compensation you deserve. With offices in Baraboo and Madison, we represent clients throughout Wisconsin and make it our priority to get to know our clients and their cases personally.

Arrange for a consultation with one of our car accident lawyers by calling (608) 448-6242 or filling out our online contact form. There is no cost or obligation when you meet with us. We are prepared to go the distance to get you the compensation you deserve.

Madison is the state capital of Wisconsin, with a population of nearly 270,000 people. It is also home to the University of Wisconsin-Madison, which enrolls 35,184 undergraduate, 9,993 graduate, 2,046 special, and 2,663 professional students in 2022.

This busy capital city and college town also has the second-highest rate of car accidents in Wisconsin, topped only by Milwaukee.

Data collected by the City of Madison in its Crash Facts report notes there were 3,161 car accidents in Madison in one recent year, 15 of them fatal. Car accidents occurred most often in Madison at intersections, by far, followed by highway crashes, non-intersection crashes, and roundabout crashes. There were also 77 recorded bicycle-motor vehicle crashes and 66 pedestrian-motor vehicle crashes.

These statistics don’t include car accidents that occurred on private property or roads maintained by the University of Wisconsin.

The Madison car accident attorneys at Pemberton Personal Injury Law Firm have years of experience representing clients injured in car accidents. It is our goal to help you recover the compensation you deserve for your injuries, damages, and losses after a crash.

From our offices in Madison, we help people throughout Wisconsin. We navigate the complex legal system on your behalf, allowing you to focus on your recovery while we handle the legal aspects of your case.

In our practice, we’ve seen thousands of car accidents at locations throughout Madison and Wisconsin. Let’s take a closer look at where car accidents occur most often in Madison, and what to look out for.

Car Accidents at Intersections

By far, car accidents at intersections were the most common type of car accidents in Madison. In 2023, nearly 1,200 car crashes occurred at intersections.

In Madison, the top three locations for intersection car accidents are East Broadway and South Stoughton Road, followed by Buckeye Road and South Stoughton Road, and North Stoughton Road and East Washington Avenue. What makes intersections such a dangerous location for car accidents?

Intersections bring vehicles from different directions together, increasing the chances of collisions. Drivers must interpret and follow traffic signals, signs, and right-of-way rules, which can lead to mistakes or violations.

Also, things like buildings or parked cars can obstruct drivers’ view, making it difficult to see oncoming traffic. Poor weather like rain or fog can also reduce visibility and traction where lots of vehicles come together, making intersections riskier.

Vehicles at or approaching an intersection may be traveling at different speeds, and sudden stops or acceleration can lead to rear-end collisions, especially if drivers are distracted. Phones, changing the radio station, eating – all types of distractions while driving can pull attention from the road and increase the risk of a crash.

Intersections also often involve not only cars but pedestrians and cyclists, leading to more potential conflicts.

Car Accidents on Highways and Surface Streets

Highways typically have higher speed limits, leading to more severe collisions when accidents occur. Surface streets throughout the city can be congested, providing opportunities for car accidents when drivers get in a hurry or lose focus.

The most common type of accident reported by the City of Madison in highway crashes and non-intersection crashes on surface streets is rear-end collisions, followed by sideswipe accidents.

Rapidly changing traffic speeds can increase the risk of rear-end collisions, while frequent lane changes and merging traffic contribute to sideswipe and merging accidents.

Drivers on highways may be tempted to use phones or engage in other distractions due to the monotony of long stretches of road. Long highway trips especially can lead to driver fatigue, impairing reaction times and decision-making.

A highway offers limited escape routes, with vehicles all traveling at high speed. A driver who does not pay attention will have little time to change course and few options for places to go to avoid a crash.

The presence of large trucks and buses on highways increases the risk of severe accidents, especially in collisions involving smaller cars.

On both highways and surface roads, weather conditions such as rain, snow, and fog, can reduce visibility and traction, making it hard to see danger and stop in time. Debris, potholes, and uneven road surfaces can also lead to loss of control or damage to vehicles, with drivers swerving to avoid obstructions and leaving their lane or stopping abruptly.

Some drivers may exhibit aggressive behaviors on highways and other roadways, such as tailgating and road rage, which can escalate into accidents.

Six Tips to Avoid a Highway Car Accident

1. Obey speed limits: Stick to the posted speed limits and adjust your speed to road and weather conditions.
2. Stay alert: Avoid distractions and stay mentally engaged while driving on the highway.
3. Maintain a safe following distance: Keep a safe distance from the vehicle in front of you to allow for sudden stops.
4. Use signals: Indicate your intentions clearly with turn signals and lane changes.
5. Plan rest stops: Take breaks to combat fatigue during long highway journeys.
6. Stay calm: Avoid aggressive driving behaviors and maintain a calm demeanor on the road.

Car Accidents in Roundabouts

Who likes a roundabout? In the United States, roundabouts have become more common in recent years, but they are still not as widespread as traditional intersections or traffic signals.

Motorists unfamiliar with roundabouts may not understand how to yield to traffic, making car accidents more common occurrences at these traffic points.

Roundabouts and traffic circles are similar in concept, but there are some differences.

Traffic circles are older designs that were common in the early 20th century. They typically have multiple lanes, often with stop signs or traffic signals controlling entry. They are less efficient and more prone to congestion and accidents compared to roundabouts.

Roundabouts are modern, safer versions of traffic circles. They feature a one-way circular roadway with yield signs at entry points. Vehicles in the roundabout have the right-of-way. Roundabouts reduce speed and improve traffic flow while minimizing the risk of severe accidents. They often include landscaping in the center.

The adoption of roundabouts in the United States has been growing because they offer several advantages, including improved safety and traffic flow. However, their prevalence can vary by region.

Some states and municipalities have embraced roundabouts more than others. They are often used in areas with high traffic volumes and a history of accidents at traditional intersections.

When encountering a roundabout or traffic circle, you need to know the right-of-way rules and yield to vehicles already in the circle.

10 Tips for Safely Navigating a Roundabout to Avoid a Car Accident

1. Yield to vehicles inside: When entering a roundabout or traffic circle, yield the right-of-way to vehicles already in the circle. Wait for a safe gap before entering. Be patient. If traffic is heavy, wait for a suitable gap before entering the roundabout.
2. Use turn signals: Indicate your intentions by using your turn signals when approaching and exiting the roundabout. This helps other drivers predict your movements.
3. Choose the correct lane: Approach the roundabout in the appropriate lane based on your intended exit. If turning right, stay in the right lane; if going straight or making a left turn, use the left lane.
4. Stay in your lane: Maintain your lane position within the roundabout. Do not change lanes while inside unless road markings indicate otherwise.
5. Reduce speed: Slow down as you approach the roundabout. Most roundabouts have a lower speed limit posted, which is typically between 15-25 mph (24-40 km/h).
6. Watch for pedestrians and bicycles: Be attentive to pedestrians using crosswalks near the roundabout. Yield to them and allow them to cross safely. Some roundabouts have designated bicycle lanes or crossings. Be aware of cyclists and yield to them when necessary.
7. Avoid stopping inside: In a properly designed roundabout, you should not need to stop while inside the circle. Keep moving at a safe speed.
8. Exit smoothly: As you approach your exit, use your turn signal, check for other vehicles and pedestrians, and exit the roundabout safely.
9. Stay alert: Pay attention to other drivers’ actions, especially if they fail to yield or make unexpected maneuvers.
10. Practice defensive driving: While roundabouts are designed for safety, not all drivers may follow the rules. Always drive defensively and be prepared to react to unexpected situations.

Establishing Liability in a Car Accident

Despite your best efforts, you’ve been in a car accident. It’s always a good idea to talk to a personal injury lawyer after a crash, especially if it involves serious injuries.

A skilled car accident lawyer can conduct a thorough investigation of the accident and collect evidence such as witness statements, accident reports, and any available surveillance footage to establish liability. They can enlist accident reconstruction experts who can provide professional opinions on who is at fault.

Because Wisconsin follows an at-fault or tort system for car accidents, the driver who is determined to be at fault for the accident is responsible for covering the damages of the other parties involved. If the other party’s insurance company disputes liability, your attorney can negotiate on your behalf or take the case to court if necessary to ensure your rights are protected.

Wisconsin also follows a modified comparative negligence rule. This means that if you are partially at fault for the accident, you can still recover damages, but your award may be reduced by the percentage of fault assigned to you. For example, if you are found to be 51 percent or more at fault, you may not recover compensation.

Insurance companies and legal processes can be complex, so it is smart to enlist the help of a Madison car accident lawyer to represent you. Our legal team has years of experience in dealing with insurance companies, so we know what to expect and how to negotiate. An attorney can help protect your rights and guide you through the process of seeking compensation for your losses.

How Long Do I Have to File a Car Accident Claim?

In Wisconsin, plaintiffs must file personal injury claims within three years of the injury. When the statute of limitations expires, you cannot pursue the claim in court. Exceptions or factors could affect the time limit for filing a car accident claim.

An experienced Madison personal injury attorney can advise you about filing deadlines and any special limitations for your specific case. Gathering evidence to build your case can also take time, so don’t wait to find legal counsel to help you with your claim.

Contact a Car Accident Lawyer at Pemberton Personal Injury Law Firm

If a car accident seriously injured you or killed someone you love, you don’t have to navigate the legal complexities alone. The experienced personal injury attorneys from Pemberton Personal Injury Law Firm are here to assess your case and advocate for your rights.

Our skilled team of Madison personal injury attorneys will fight to get you the compensation you deserve. We make it our priority to get to know our clients and their cases so we can best represent you. We have offices in Madison and represent clients throughout Wisconsin.

Arrange for a consultation with one of our car accident lawyers by calling (608) 448-6242 or filling out our online contact form. There is no cost or obligation when you meet with us. Let us help you!

A collision between a car and a truck can result in catastrophic damages, including serious injuries and death. After a truck accident, talk to a personal injury lawyer experienced in handling truck accident claims.

The size and weight of trucks often lead to more severe injuries in a crash, and the federal regulations surrounding commercial truck operations make these cases more challenging to navigate than typical car accidents.

Additionally, truck crashes usually involve multiple liable parties. However, after a truck accident, you can help build your claim for compensation. Seek guidance from a proficient Wisconsin truck accident lawyer with a proven track record in navigating complex truck accident cases. Ensure your rights and claims are in capable hands for a fair resolution.

Make Sure Everyone is Safe

Immediately after a truck accident, take action to make sure you and others involved are safe. Move vehicles out of the roadway if possible. This will reduce the risk of other motorists becoming involved in the wreck and causing additional injuries and damage. Clearing the road also provides a path for emergency responders to reach you quickly.

It may not be possible to move the vehicles, especially with large and heavy trucks involved. Put on your hazard lights to warn other drivers approaching the collision site. Trucks usually carry additional caution devices like cones, flags, or flares.

Check yourself for visible injuries and assess your pain levels. If you have passengers in the car, they should do the same. Remember, you should get medical treatment for any injuries you sustain, even if they seem minor.

Call 911 to report the wreck and ask for police and medical assistance if there are injuries.

Contact Law Enforcement

In Wisconsin, the law does not mandate reporting every car accident to the police. However, if the accident results in injury, wrongful death, or significant property damage (over $1,000), you must report it to the local police or sheriff’s department. If no law enforcement is present, report it at the nearest police station or to the Wisconsin Department of Transportation (WisDOT). It is almost certain an accident with an 18-wheeler or other heavy truck will require police assistance.

Law enforcement officers will help maintain the safety of all involved by directing traffic, securing the area, and requesting necessary medical assistance if it has not already been dispatched.

The police will also create an official report documenting the accident’s particulars. This report acts as an impartial record of the incident and includes details about the involved parties, the accident location and time, and any statements from witnesses.

You need the official police report for insurance claims, legal proceedings, and dispute resolution regarding responsibility or liability.

Document the Scene

If possible, you should try to document as much of the accident and scene as possible. Even though the police will compile their official report, having your own records will help when you talk to your insurance company to file the initial claim.

Your documentation should include, where possible:

• Photographs: Use your smartphone to take pictures of the vehicles involved, including damage from the collision. Also look at the roadway for skid marks, damage, hazards, or obstructions that may have contributed to the accident. If you can, take pictures of your visible injuries and those of anyone else involved in the crash.
• Witness statements: Talk to witnesses at the scene who can help describe what happened. You can record their statements on your phone or take notes. Remember to get their contact information. Collect as much information as you can from people while the accident is still fresh in their memories before details begin to fade.
• Truck company data: Contact the trucking company involved in the accident, if possible. Commercial trucks often have dashcams or black box data recorders that can provide crucial information. Your lawyer will handle this for you.
• Your account of the accident: As soon as you can after the truck accident, you should also write down or record your own memories of what happened. Include your thoughts about what happened that may have contributed to the crash. Only share this information with your truck accident lawyer, not the insurance company or any other parties from the accident. It can establish liability.

Exchange Information

Collect insurance details and other information directly from other drivers to start the insurance claims process. If you have a smartphone, use it to capture images of insurance cards and driver’s licenses and share your own information with them. If another driver cannot provide their insurance card, ask if you can photograph their vehicle registration card instead.

Obtain the truck driver’s information, including their driver’s license, insurance, and the trucking company’s details. Trucking companies have specific insurance requirements, and their involvement may affect your claim.

Preserve Evidence

Do not repair or dispose of your vehicle until your insurance company and attorney have assessed it. Trucks often have complex systems and potential equipment malfunctions that can be crucial in determining fault.

Notify Your Insurance Company

Promptly inform your insurance company following a car accident, ideally within the first 24 to 48 hours. Many insurance policies require swift reporting as a prerequisite for coverage. Timely notification ensures compliance with policy terms and grants the insurer adequate time to conduct a thorough investigation.

Insurance companies often require a police report for efficient claim processing, as it offers an official account of the incident and helps establish facts and determine fault.

The police report should include particulars about the accident itself, the involved parties, and any injuries sustained. Share any supporting documentation you have gathered, such as medical records, to expedite the claims process and ensure appropriate compensation for your losses.

Talk to a Truck Accident Attorney

Due to the complexity of truck accident cases, it’s advisable to consult a personal injury attorney with experience in handling truck accident claims. They can navigate the unique challenges associated with commercial truck accidents, such as federal regulations and potential multiple liable parties.

An experienced lawyer will know how to collect specific information in a truck accident investigation, including:

• Hours of service logs: Truck drivers are required to record their hours on duty and behind the wheel. There are limits on how long they can drive at a time and mandated rest periods. The U.S. Department of Transportation (DOT) now mandates that drivers use electronic logging devices, or ELDs, to record their hours to ensure compliance. These logs may show that a truck driver had exceeded their limits when the accident occurred and may indicate the trucker’s drowsy driving caused the crash.
• Pre-trip inspection reports: The Federal Motor Carrier Safety Administration (FMCSA) requires all truck drivers to thoroughly inspect their tractor-trailers and cargo to ensure everything is in the correct working order before departing on a trip. The driver must fix or put the vehicle in service if they find any safety issues during a pre-trip inspection.
• Cargo/freight manifest: A cargo or freight manifest is a list of all the cargo on board the truck, including what it is, its characteristics, and its destination. The manifest may reveal that the truck was carrying cargo that exceeded the weight limits for the truck or that the trucking company or driver failed to properly balance or secure the cargo.
• Inspection and maintenance records: FMCSA requires all trucking companies to retain all inspection, repair, and maintenance records for each vehicle they control through ownership or lease for one year at the location where they house the truck and six months after the truck leaves the carrier’s control through sale, trade-in, or otherwise. These inspection and maintenance reports may show that a tractor-trailer had an issue that was not corrected and may have contributed to the accident.
• Event data recorder logs: While it is not required by law, many trucks have event data recorders, similar to the black box on an airplane. The event data recorder tracks vehicle data such as speed, acceleration, braking, steering, and air-bag deployment. These logs could prove valuable when investigating and determining the cause of a trucking accident.

In addition to these things, your lawyer may look at the truck driver’s employment and driving records for any past history of safety issues, drug or alcohol testing done after the accident, and the driver’s cell phone usage that may reveal distracted driving due to texting or wearing headphones.

Your lawyer may also conduct a post-accident inspection of the truck, asking a mechanic to inspect the damage the tractor-trailer sustained in the accident to determine whether a mechanical defect or inadequate maintenance on the part of the driver or carrier may have contributed to the crash. This inspection may reveal information such as whether headlights or taillights were working or if the tires were worn or bald.

As in other kinds of vehicle accident claims, your lawyer can negotiate with insurance companies on your behalf to ensure you receive fair compensation for medical bills, property damage, lost wages, and pain and suffering. If necessary, they can file a lawsuit and represent you in court.

An experienced truck accident lawyer is a good negotiator who is familiar with the claims process and used to going toe-to-toe with the insurance companies. Your lawyer can handle all communication with insurance companies and other parties involved, relieving you of the stress of dealing with adjusters and protecting your rights.

Lawyers are well-versed in the statutes of limitations for personal injury cases, ensuring you file your claim within the required timeframe.

In Wisconsin, plaintiffs generally must file personal injury claims within three years from the date of the injury. After the statute of limitations expires, you cannot pursue the claim in court.

Having a lawyer on your side can provide peace of mind, knowing that a legal professional is working diligently to protect your interests and secure the best possible outcome for your claim.

Truck Accident Statistics

An 18-wheeler consists of a semi-truck, also called a tractor, with a trailer attached to it. The empty weight of an 18-wheeler is 35,000 pounds, and the loaded weight cannot exceed 80,000 pounds per Federal Highway Administration (FHA) regulations. By contrast, the average passenger vehicle weighs between 2,600 and 4,400 pounds. In the event of a crash, it’s hardly a fair fight.

According to the National Safety Council, in 2021, 5,700 large trucks were involved in a fatal crash, an 18 percent increase from 2020 and a 49 percent increase in the last 10 years.

The NSC defines large trucks as any medium or heavy truck, not including buses and motorhomes, with a gross vehicle weight rating greater than 10,000 pounds.

Both commercial and non-commercial vehicles are included. Large trucks accounted for 9 percent of all vehicles involved in fatal crashes. For the same period, the NSC also reported that 117,300 large trucks were involved in crashes resulting in an injury, a 12 percent increase from 2020.

Since 2016, the number of trucks involved in injury crashes has increased by 15 percent. The Wisconsin Department of Transportation recorded 4,303 crashes in 2021 involving a tractor-trailer, 51 of them fatal and 738 involving injury.

Contact a Truck Accident Lawyer at Pemberton Personal Injury Law Firm Today

If you’ve been involved in a truck accident in Wisconsin, you don’t have to navigate the legal complexities alone. The experienced personal injury attorneys from Pemberton Personal Injury Law Firm are here to assess your case and advocate for your rights.

Our firm has the experience and knowledge to help you get the compensation you deserve. Our legal team of personal injury attorneys has investigated hundreds of truck accidents and we know what to look for to establish liability and bring a claim on your behalf. We make it our priority to get to know our clients and their cases so we can best represent you.

With offices in Baraboo and Madison, we represent clients throughout Wisconsin. Arrange for a consultation with one of our car accident lawyers by calling (608) 448-6242 or filling out our online contact form. There is no cost or obligation when you meet with us. Let us help you get back on the road to recovery.

After a car accident, look out for your safety and the safety of others at the accident scene, report the accident to the police and your insurance company, and seek medical attention for any injuries you sustain, even if they seem minor.

Enlist an experienced Madison car accident attorney if you or a family member was injured due to the careless actions of another driver. You may pursue reimbursement for medical expenses, lost income, and the physical and emotional suffering you’ve endured.

To protect yourself and your rights after a car accident, it is important to know what to do immediately, and in the days and weeks afterward. Here is a helpful checklist:

Ensure Safety at the Scene

Nobody thinks they are going to be in a car accident. Unfortunately, car crashes are a part of life. There were more than 128,000 total car accidents in Wisconsin in 2021, including 546 fatal crashes, and 26,209 crashes with injuries.

Following traffic laws and safety guidelines can lessen the chance that you will be involved in a car accident, but you may be involved in a crash through no fault of your own.

Immediately after a car accident, you should prioritize your safety and the safety of others at the accident scene. If you can move the cars involved, move out of the roadway to the shoulder or another location out of the flow of traffic. This will prevent additional accidents and injuries, protect you from any more harm, and also provide a clear path for emergency responders to reach you.

If the vehicles are too damaged to move or serious injuries prevent moving the vehicles, turn on your hazard lights to alert other drivers. Stay alert of traffic around the accident scene.

Call 911 to report the wreck. Ask for both police and medical assistance if there are injuries. Check yourself for visible injuries and assess your pain levels. If you have passengers in the car, they should do the same. Get medical treatment for any injuries you sustain, even if they seem minor.

Work With Law Enforcement

In Wisconsin, the law does not mandate reporting every car accident to the police.

However, in specific situations you must report the accident to the police:

• Injuries or fatalities: You must report an accident to law enforcement if someone is injured or killed. This typically includes accidents that require medical attention beyond basic first aid.
• Property damage over $1,000: Wisconsin requires reporting accidents to law enforcement if they result in property damage totaling $1,000 or more to vehicles or other property.
• Hit and run accidents: If you are involved in a hit and run accident, where the other driver leaves the scene without providing information, you should report the accident to the police.
• Impaired driving: If you suspect that the other driver involved in the accident is under the influence of drugs or alcohol, it’s advisable to report the accident to the police. Driving under the influence is illegal and should be reported.
• Uninsured motorist: If the other driver involved in the accident does not have insurance, it’s a good practice to report the accident to the police to document the incident.

While Wisconsin law may not explicitly require reporting for accidents that do not fall under these specific circumstances, report any accident to law enforcement anyway. The official police report documents the accident’s particulars and acts as an impartial record of the incident, including details about the involved parties, location, time, and any statements from witnesses.

This documentation holds significant importance for insurance claims, legal proceedings, and the resolution of disputes regarding responsibility or liability.

The police will also help maintain the safety of all involved by directing traffic, securing the area, and requesting necessary medical assistance if it has not already been dispatched.

Exchange Information with Other Drivers

While the police report will provide an official record of the car accident, it can sometimes take a week or longer to get a copy. Collect insurance details and other information directly from other drivers yourself to start the insurance claims process.

If you have a smartphone, use it to capture images of insurance cards and driver’s licenses. Share your own information with the other drivers involved. In cases where another driver is unable to provide their insurance card, consider asking if you can photograph their vehicle registration card instead.

Document the Accident Scene

The police will create an official report of the accident, but it is in your best interest to document as much of the accident as possible for yourself as well. Your records will preserve information and can establish who was at fault.

Take photos of the accident scene and any specific damage to your car and other vehicles involved in the crash. Other things to photograph include debris from the accident, skid marks or other road damage that looks related to the crash, hazards or obstructions on the road, and any visible injuries of those involved.

If possible, talk to witnesses at the scene who can describe what happened. Take notes or record them with your phone and get their contact information.

As soon as you can after the car accident, write down or record your own recollection of what happened—but for your car accident lawyer’s eyes only. Do not share it with the insurance company or anyone else. Do this promptly after the accident, as your recollection may become less vivid as time passes.

Notify Your Insurance Company

It is recommended that you notify your insurance company promptly after a car accident, ideally within 24 to 48 hours. Many insurance policies require you to report accidents promptly as a condition of coverage. Timely reporting ensures you comply with your policy terms and gives the insurer adequate time to investigate the claim.

Remember to provide accurate and complete information when reporting the accident to your insurance company. This includes details about the accident, the parties involved, and any injuries sustained.

Insurance companies often insist on a police report to efficiently handle a claim. The report offers an official narrative of the accident, aiding in the establishment of facts and fault determination.

Also share any additional documentation you may have collected, such as medical records that can support your claim. This can streamline the claims process and ensure you receive the appropriate compensation for your losses.

Reporting early also preserves evidence while it’s still fresh, including details of the accident and any damage, and accelerates the claims process.

Talk to a Car Accident Attorney

In case of disputes or liability issues, consider enlisting the help of a personal injury attorney. An experienced car accident lawyer is a good negotiator who understands the claims process and is used to going toe-to-toe with the insurance companies. Your legal team will identify any lowball offers and fight for fair compensation for your injuries.

The first step is case evaluation. An attorney can assess the strength of your personal injury case by reviewing the evidence, such as accident reports, medical records, and witness statements. They can determine if you have a valid claim and estimate its potential value. They’ll maximize the compensation you receive for medical expenses, property damage, lost income, and pain and suffering.

Your lawyer can handle all communication with insurance companies and other parties involved, relieving you of the stress of dealing with adjusters and ensuring your rights are protected.

Lawyers are well-versed in the statutes of limitations for personal injury cases, ensuring you file your claim within the required timeframe. In Wisconsin, plaintiffs must file personal injury claims within three years from the date of the injury. After the statute of limitations expires, you cannot pursue the claim in court. Exceptions could change the time limit for filing a car accident claim.

After reviewing all the facts, your lawyer will develop a legal strategy tailored to your specific situation, which may involve filing a lawsuit if a fair settlement cannot be reached through negotiations. If your case goes to court, your lawyer will represent you, presenting your case to a judge and jury, and advocating for your rights.

Having a lawyer on your side can provide peace of mind, knowing that a legal professional is working diligently to protect your interests and secure the best possible outcome for your claim.

Contact a Car Accident Lawyer at Pemberton Personal Injury Law Firm Today

After a car accident in Wisconsin, you don’t have to navigate the legal complexities alone. The experienced personal injury attorneys from Pemberton Personal Injury Law Firm are here to assess your case and advocate for your rights.

Our firm has the experience and knowledge to help you get the compensation you deserve. Our legal team of personal injury lawyers has investigated hundreds of car accidents and we know what to look for to establish liability and bring a claim on your behalf.

We make it our priority to get to know our clients and their cases so we can best represent you. With offices in Baraboo and Madison, we represent clients throughout Wisconsin.

Arrange for a consultation with one of our car accident lawyers by calling (608) 448-6242 or filling out our online contact form. There is no cost or obligation when you meet with us. Let us help you get back on the road to recovery.

Screeching tires, breaking glass, the crunch of metal – you were in a car accident. After a serious crash, you’ll probably deal with a damaged vehicle, medical bills, lost income, and a lot of trauma and stress.

How do you know when to get an attorney for a car accident? If you or someone else involved in the crash suffered serious injuries, you may not know who bears liability. If you’re having trouble navigating the insurance claims process, you need an experienced car accident lawyer.

An attorney experienced in handling car accident claims will take the right steps to determine liability and secure fair compensation for medical expenses, lost income, and other damages related to the injury. You should not navigate this process alone.

The team of Madison car accident attorneys at Pemberton Personal Injury Law Firm has years of experience representing clients injured in car accidents. With offices in Madison and Baraboo, we help people throughout Wisconsin.

Let’s look at a few of the circumstances that indicate when you should get a lawyer for a car accident.

Liability Is Disputed and Fault Is Unclear

In situations with disputed liability, having a skilled attorney by your side can make a significant difference in the outcome of your personal injury case. An attorney can conduct a thorough investigation, collecting evidence such as witness statements, accident reports, and any available surveillance footage to establish liability. They can consult with accident reconstruction experts or other specialists who can provide professional opinions on fault.

Attorneys can develop a strong legal strategy to support your claim and counter any arguments made by the other party. If the other party’s insurance company disputes liability, your attorney can negotiate on your behalf or take the case to court if necessary to protect your rights.

Wisconsin follows an at-fault or tort system for car accidents, which means that the at-fault driver must cover the damages of the other parties involved.

Wisconsin also follows a modified comparative negligence rule. This means that if you partially caused the accident, you can still recover damages, but your award may decrease by the percentage of fault assigned to you. For example, if you are 51 percent or more at fault, you may not recover any compensation.

Consult an attorney if you are in a car accident in Wisconsin, especially if your damages exceed the at-fault driver’s insurance coverage or disputes arise about fault. An attorney can protect your rights and guide you through the process of seeking compensation for your losses.

You’re Having Difficulty Navigating the Insurance Claims Process

After a car accident, most people will contact their insurance company, and the insurance agencies for the other drivers in the crash. All too often, the insurance company will try to get you to agree to a quick settlement. Sometimes, their offer doesn’t even cover your expenses.

If the insurance company offers a settlement that doesn’t fully cover your damages after a car accident, consult a car accident attorney. Lawyers are skilled negotiators. They can engage with the insurance company to seek a more equitable settlement that adequately compensates you for your losses.

Insurance claims often involve complex paperwork and deadlines. An attorney is used to dealing with insurance companies, understands the intricacies of the claims process, and can help you avoid common mistakes that might jeopardize your claim. Your lawyer will provide clear guidance and explain your rights and obligations.

Your attorney can advocate on your behalf, ensuring that the insurance company evaluates your claim fairly and doesn’t undervalue your damages. Also, in case of any disputes or delays in the claims process, having an attorney can provide you with legal protection and support.

Having an attorney handle the negotiations provides peace of mind. Knowing an experienced legal team has your back will relieve stress and allow you to focus on your recovery.

The Accident Involves a Government Vehicle or Commercial Truck

Accidents involving government vehicles or commercial trucks often entail complex liability issues. In these types of car accidents, you definitely need a lawyer to determine responsibility and navigate the unique legal aspects of these cases.

Commercial trucks are subject to extensive regulations. Your lawyer will investigate whether the trucking company and driver followed these regulations, which can be crucial in establishing liability.

Government entities may have immunity from certain claims, but exceptions may apply. An attorney can assess whether your case falls within these exceptions and guide you accordingly.

Cases involving government entities or commercial trucking companies often have higher stakes due to potential extensive damages. An attorney can pursue fair compensation for your injuries and losses. Your lawyer can negotiate with the responsible party’s insurer or take legal action if needed to protect your rights.

Okay, I Need a Lawyer. Is There Still Time to File a Car Accident Claim?

In Wisconsin, plaintiffs must file personal injury claims within three years of the injury. The clear and defined timeframe for bringing legal claims is called the statute of limitations. After the statute of limitations expires, you cannot pursue the claim in court.

An experienced car accident attorney in Wisconsin can advise you about the statute of limitations for your specific case. Exceptions or factors could affect the time limit for filing a car accident claim. Also, gathering evidence and building a strong case can take time, so don’t wait to find legal counsel to help you with your claim.

Contact a Car Accident Lawyer at Pemberton Personal Injury Law Firm Today

Did you suffer injuries after a car accident in Wisconsin? You don’t have to navigate the legal complexities alone. The experienced personal injury attorneys from Pemberton Personal Injury Law Firm are here to assess your case and advocate for your rights.

Our firm has the experience and knowledge to help you get the compensation you deserve. We make it our priority to get to know our clients and their cases so we can best represent you. We have offices in Baraboo and Madison and represent clients throughout Wisconsin.

Arrange for a consultation with one of our car accident lawyers by calling (608) 448-6242 or filling out our online contact form. There is no cost or obligation when you meet with us. Let us help you get back on the road to recovery.