Personal Injury

October 14, 2024 by Will Pemberton

Wrongful death lawsuits must meet a burden of proof based on a “preponderance of the evidence.” The injured client must show that the other party’s wrongful actions were the proximate cause of death. In other words, the evidence must show it’s more likely than not that the other party’s actions caused the death.

Breaking Down Wrongful Death in Wisconsin

Per Wisconsin law (Statute 895.03) a wrongful death is when someone dies because of another person’s mistake or carelessness. This includes cases when the accident was avoidable.

If the deceased person had survived, they would have been able to sue for their injuries. But, since they passed away, the law allows other parties to sue on their behalf. That includes their surviving spouse, child, or parent. It can also include a representative of the deceased person’s estate.

The family or estate can sue for various things like:

Medical costs
Funeral expenses
Lost wages
Emotional pain

While Wisconsin Statute 895.03 itself doesn’t give specific details about what kind of proof is needed, Wisconsin courts use this standard in most civil cases.

Types of Evidence in a Wrongful Death Case

In a wrongful death case, several types of evidence are crucial for establishing liability and demonstrating damages. Key evidence includes:

Medical Records: Documentation of the deceased’s medical history, treatment, and cause of death, including autopsy reports.
Witness Testimonies: Statements from individuals who witnessed the incident or have relevant information.
Accident Reports: Official reports detailing the circumstances of the incident.
Photographs and Videos: Visual evidence of the accident scene and injuries, including surveillance footage.
Expert Testimony: Opinions from professionals who can establish liability or assess the impact of the death.
Financial Records: Documentation of the deceased’s income and the financial impact on family members.
Death Certificate: An official document confirming the identity, date, and cause of death.

Collecting these types of evidence is essential for building a strong case for compensation in a wrongful death lawsuit.

Common Causes of Wrongful Death

Common causes of wrongful death include a variety of scenarios where someone’s negligent or reckless actions lead to another person’s death. Here are some frequently encountered causes:

Car Accidents: Fatalities can occur due to car collisions caused by distracted driving, speeding, or driving under the influence of alcohol or drugs.
Trucking Accidents: Truck accidents can also cause wrongful deaths. Drivers may fall victim to fatigue or dismiss the rules of the road, causing an accident.
Motorcycle Accidents: Motorcyclists are often more vulnerable to severe injuries from collisions, especially when struck by negligent drivers.
Premises Accidents: Fatal injuries can occur in unsafe working or commercial environments, often due to inadequate safety protocols or equipment failures.
Product Liability: Defective products can also cause deaths. This includes drugs, cars, and everyday items that do not meet safety standards.

Understanding these common causes can help identify potential wrongful death cases and provide a basis for legal claims.

Settlement Amounts in a Wrongful Death Case

Compensation varies significantly in these cases. Insurance policies, for example, will affect the overall limit of a loved one’s payout. Other factors influencing wrongful death claims compensation include:

The type of wrongful death case
The amount of parties involved
The extent of the losses
The extent of suffering
Wages made while living
Expected wages and other forms of income

In wrongful death cases, lawyers make a point to ensure insurance companies consider future losses. In other words, if a family relied on the deceased person’s salary, that could impact the overall compensation amount.

Wisconsin Wrongful Death Lawyers

No level of compensation can make up for the loss of a loved one. But a settlement can help provide a sense of justice for the confused and emotionally distraught. It can also help ease everyday work-related stresses and provide loved ones the time to grieve.

Our law firm provides personal injury and wrongful death help to Wisconsin residents statewide. Connect with our office to request a free case evaluation.

October 7, 2024 by Will Pemberton

If you are a pedestrian and are hit by a car in Wisconsin, you have the legal right to sue the driver of the vehicle. That is, if the driver is at fault or contributed to the accident in some way.

Pedestrian-car accidents can be traumatic and often lead to serious injuries, and pursuing a lawsuit may be necessary to cover medical expenses, lost wages, and other damages.

In Wisconsin, the process of seeking compensation for injuries is shaped by the state’s personal injury laws, negligence rules, and insurance requirements.

Understanding Wisconsin Personal Injury Claims

A pedestrian accident case falls under what’s known as a personal injury claim. Personal injury claims arise when someone is harmed due to another party’s negligence. These claims are most commonly from car accidents, workplace incidents, or defective products.

Establishing fault is key, and legal help is often essential for serious cases:

In a Wisconsin personal injury case, establishing fault involves proving that one party’s negligence caused the injury. The injured party must demonstrate that the defendant had a duty of care, breached that duty, and directly caused harm as a result. This can involve showing that the defendant acted unreasonably or failed to take necessary precautions.

Types of Evidence When Proving Fault

Evidence such as witness testimony, expert analysis, and physical documentation, like photos or medical records, is often used to support these claims.

Legal Considerations and Compensation

Wisconsin has a statute of limitations for filing these claims. That limitation is three years, which means injured individuals have three years from their accident to file a claim.

There are also damages to consider. Think of damages as losses related to the accident. Calculating damages includes medical costs, lost income, and pain and suffering. Settlements for damages are often negotiated outside of court, but a lawsuit may be necessary if disputes arise.

For more detailed guidance, visit the Wisconsin State Bar page.

Wisconsin Comparative Negligence Rule in Pedestrian Injury Cases

What if both parties are at fault?

Wisconsin follows a comparative negligence rule in car accident claims, which applies to situations where fault is shared between the parties involved. Under this rule, as long as the injured party’s negligence is not greater than the other party’s, they can still recover damages.

However, the compensation is reduced based on their percentage of fault. For example, if a pedestrian is found to be 30% responsible for an accident, they can recover 70% of their damages. If their fault is 51% or more, they are barred from recovery altogether.

Here’s an illustration to give you a better idea:

If the pedestrian is found to be 40% at fault and the total damages are $300,000, the compensation would be reduced by 40%, leaving the pedestrian with $180,000.

For official documents and more helpful information, visit the Wisconsin State Law Library on the topic of comparative negligence.

October 3, 2024 by Will Pemberton

The time it takes to settle a pedestrian accident case can vary significantly. Typically, it will depend on factors like injury severity, liability disputes, and whether the case goes to trial. Some cases may settle within a few months if liability is clear and damages are straightforward.

However, complicated cases with serious injuries, ongoing insurance talks, or lawsuits can take a year or more to settle.

Pedestrian Accident Timeline Factors

The timeline of a pedestrian accident case can be influenced by several factors:

Severity of Injuries: More severe injuries may require longer medical treatment and recovery, delaying the resolution of the case.
Investigation Duration: The time law enforcement needs to finish accident reports and collect evidence can lengthen the timeline.
Insurance Negotiations: Lengthy negotiations with insurance companies over liability and compensation can prolong the process.
Legal Proceedings: If the case goes to court, several factors can affect the timeline. These include court schedules, pre-trial motions, and jury selection.
Evidence Collection: Gathering medical records, witness statements, and expert opinions can take a lot of time.

Legal Framework of a Pedestrian Accident in Wisconsin

Negligence and Liability: Pedestrian accidents are primarily governed by negligence law. In Wisconsin, a pedestrian can file a claim against a driver if they can prove the driver acted negligently. The Wisconsin Department of Transportation (WisDOT) states that drivers must yield to pedestrians at marked crosswalks. However, pedestrians also have a responsibility to exercise caution.

Comparative Negligence: Wisconsin follows a modified comparative negligence rule. That means a pedestrian can have their compensation reduced by their percentage of fault. For example, if the pedestrian holds 20% responsibility for the accident, their payout could reduce accordingly. What would have been a payout of $100,000, in that case, would be $80,000.

Insurance Considerations

Insurance Coverage: Drivers are required to carry liability insurance in Wisconsin. Navigating insurance claims can be complex, particularly when multiple parties are involved. The Wisconsin Department of Insurance highlights the importance of understanding coverage options, including uninsured or underinsured motorist coverage.

Medical Issues

Injury Types: Common injuries in pedestrian accidents include fractures and traumatic brain injuries. Immediate medical attention is crucial, as timely treatment can greatly affect recovery. Ongoing medical care may also be necessary for severe injuries, impacting legal claims for future medical expenses.

Get a Better Idea of Your Claim’s Timeline – Contact Us

Pedestrian accident cases in Wisconsin involve intricate legal, insurance, and medical considerations. For those affected, understanding these complexities is vital. Resources from organizations such as WisDOT and local legal aid services can offer valuable guidance throughout the process.

You can also contact one of our pedestrian accident lawyers by using the email form below. We provide free case evaluations.

September 16, 2024 by Will Pemberton

When the at-fault driver flees the scene of a hit and run, victims can still obtain compensation through their uninsured motorist (UM) coverage (if they have this insurance). This policy applies when the at-fault driver cannot be identified. Additionally, victims can pursue legal action if the fleeing driver is later found. Wisconsin law allows victims to claim damages for medical expenses, lost wages, pain and suffering, and other losses.

What if the at-fault driver hits a pedestrian?

All hit and runs create significant hurdles for the injured party, but this is especially the case when the victim is a pedestrian. When a pedestrian is struck by a hit-and-run driver, they typically use their Uninsured Motorist (UIM) coverage to claim compensation if the driver cannot be identified.

If the pedestrian has other relevant insurance policies (such as personal injury protection or PIP), those might also provide coverage. However, UIM is the primary insurer for compensation in hit-and-run cases where the driver remains unknown.

Wisconsin Hit & Run Laws

In Wisconsin, drivers involved in accidents are required by law to stop and fulfill certain obligations based on the nature of the collision. These obligations include reporting the car accident, providing identification, and rendering aid. Specific sections address collisions with people, attended vehicles, unattended vehicles, and property. Failure to comply with these requirements can result in severe penalties, including fines and imprisonment, particularly when accidents involve injury or death.

Statute of Limitations

In Wisconsin, hit and run injury claims have a three year statute of limitations. That means victims of hit and runs have three years to begin the claims process. For any property damage claims, the statute of limitations is also three years. Victims should begin their claims process sooner rather than later. Gathering evidence and seeking help is much easier immediately after the incident.

For more details, visit the Wisconsin Legislature’s site on car accidents and hit-and-run laws.

September 11, 2024 by Will Pemberton

If you’ve suffered a dog bite and you’re unsure what to do next, you’re in the right place. We’re here to provide answers and help you navigate the process. The first thing you need to do after a dog bite is to seek medical attention immediately. Dogs can carry diseases that humans do not, and your exposure to them can pose serious health risks.

Dogs can be our best friends, but they can also become unpredictable under specific circumstances. The behavior of individual dogs can be influenced by various factors, such as breed and training, which can shape their temperament.

Understanding Wisconsin Dog Bite Laws

In Wisconsin, dog bite laws are primarily covered under Wisconsin Statute 174.02, which holds dog owners liable for damages caused by their dogs. Here are the key details:

Strict Liability for Injuries: Dog owners are liable if their dog causes injury to a person, domestic animal, or property, regardless of the dog’s past behavior. This means that even if the dog had no history of aggression, the owner is still responsible.
Double Damages for Repeat Incidents: If the dog has previously bitten someone or caused injury, and the owner was aware of the prior incident, the law allows the injured party to seek double damages.
Provocation Defense: An owner may not be liable if it can be proven that the dog was provoked or that the person injured was trespassing.
Penalties: In addition to civil liability, Wisconsin law allows for local authorities to impose penalties, including fines, on owners whose dogs injure others.

This statute is designed to protect victims while holding dog owners accountable for their pet’s behavior.

Should I Proceed with a Dog Bite Lawyer?

If you’re unfamiliar with the legal world, it can be challenging to decide whether to seek legal assistance for a dog bite. We’re here to shed some light on this issue.

The timing of the incident is crucial. Wisconsin, for instance, has a three-year statute of limitations for dog bite cases. The sooner you take action, the better. A fresh recollection of events can make your case stronger.
Consider the severity of your injuries. If they are minor and don’t require significant medical attention, a legal case may not be worth the hassle. If, however, the dog bite resulted in substantial injuries, medical bills, and loss of wages, a personal injury claim may be justified.

If you’re uncertain about pursuing a case, we welcome you to reach out to Pemberton Personal Injury Law Firm. We offer free consultations. It’s always better to have clarity than to live with doubt.

How to Approach a Dog Bite Incident

Safety First

Staying calm and composed after a dog bite is crucial. Rapid movements can further agitate the dog and increase the likelihood of additional harm. If possible, create a barrier between you and the dog using an object like a bag or a jacket. Avoid direct eye contact, which the dog might perceive as a threat. Instead, keep your body turned to the side and slowly retreat until you are at a safe distance. Once safe, immediately seek medical attention.

What to Do at the Scene

Once you’ve put some distance between yourself and the dog, contact emergency services and notify the police, especially if the injury is severe. Reporting the incident can prevent the dog from causing future harm. As you wait for help to arrive, try to gather information about the dog and its owner, including their contact details and the dog’s vaccination history.

Documenting the Dog Bite

Take pictures of your injuries and the location where the incident occurred. Prompt recording of the event can provide valuable evidence later on. If you haven’t been able to take pictures yet, don’t worry – pictures taken later can still serve as evidence.

Dealing with Uncooperative Owners

If the dog’s owner isn’t cooperative, keep a detailed record of your interactions with them and with the authorities and medical professionals you’ve contacted. This information could be highly valuable in any subsequent legal proceedings.

Dog Bite Lawyers in Madison

We understand that dog bite injuries can be physically and emotionally taxing, and they can cause serious financial strain. Our experienced Wisconsin dog bite lawyers are on hand to gather crucial evidence, determine liability, and fight for the compensation you deserve. Get in touch with us at 608-448-6242 and find out how we can support you through this challenging time.

June 25, 2024 by Will Pemberton

If you or someone you know has been in an accident with a commercial truck, it’s essential to understand your rights and the steps you should take to protect yourself legally and financially. Commercial truck accidents can be devastating, often resulting in severe injuries, property damage, and even fatalities.

Let’s go over some important information about commercial truck accidents and explain why consulting with an experienced Baraboo truck accident attorney is the best option for securing the compensation you deserve.

The Dangers of Commercial Truck Accidents

Commercial trucks, such as semi-trucks, 18-wheelers, and tractor-trailers, are significantly larger and heavier than passenger vehicles. Due to their size and weight, accidents involving these vehicles often result in catastrophic consequences for occupants of smaller vehicles.

Some common causes of commercial truck accidents include:

Driver exhaustion: Truck drivers often deal with urgent schedules and long drives on the highway, leading to fatigue and drowsiness behind the wheel.
Distracted driving: Distractions such as texting, eating, or adjusting navigation systems can take a driver’s attention away from the road, increasing the risk of accidents.
Improper maintenance: Trucking companies are responsible for ensuring their vehicles are properly maintained and operate safely. Failure to do so can lead to equipment failures and accidents.
Inadequate training: Truck drivers must receive proper training to drive safely. Inadequate training can result in driver errors and accidents.
Overloaded or improperly loaded cargo: Overloading a truck or failing to secure cargo properly can cause the vehicle to become unstable, increasing the risk of rollovers and other accidents.

Seeking Medical Attention

If you’ve been in a commercial truck accident, your top priority should be seeking medical attention, even if you don’t believe you’ve suffered a severe injury. Some injuries may not be immediately apparent. Promptly receiving a medical evaluation ensures your well-being and creates a record of your injuries, which can be beneficial for pursuing a legal claim.

Be sure to follow your doctor’s recommendations for treatment and attend all follow-up appointments. Keep detailed records of your medical bills, prescriptions, and any other expenses related to your injuries.

Dealing with Insurance Companies

After a commercial truck accident, the trucking company’s insurance provider may contact you. It’s important to remember that insurance companies are primarily interested in protecting their own financial interests, not in ensuring you receive fair compensation for your injuries and losses.

Avoid providing a recorded statement or signing any insurance company documents without consulting a truck accident attorney. Insurance adjusters may try to use your statements against you or offer a low settlement that doesn’t fully account for your damages.

The Value of Hiring a Truck Accident Lawyer

Going through the legal process after a commercial truck accident can be complicated and overwhelming, especially if you’re also dealing with injuries and financial losses. Partnering with a skilled truck accident attorney can make a huge difference in the outcome of your case.

A skilled truck accident attorney will:

Investigate the accident: Your lawyer will gather evidence, interview witnesses, and consult with accident reconstruction experts to determine the cause of the accident and identify all liable parties.
Assess your damages: A truck accident attorney will calculate the full extent of your damages, including medical expenses, lost income, property damage, and pain and suffering.
Negotiate with insurance companies: Your attorney will communicate with the insurance companies and negotiate on your behalf to secure a fair settlement.
Represent you in court: If you cannot achieve a fair settlement agreement, your truck accident attorney will be prepared to take your case to trial.

Trucking Company Liability

In many commercial truck accident cases, the trucking company may be held liable for the actions of its drivers. This is known as vicarious liability. Trucking companies are responsible for ensuring their drivers are properly trained and licensed and follow all federal and state regulations.

Additionally, trucking companies must maintain their vehicles in safe operating conditions and ensure cargo is loaded and secured properly. Failure to meet these obligations can result in the trucking company being held liable for accidents caused by their drivers or equipment.

Your truck accident attorney will thoroughly investigate the trucking company’s practices and identify any violations or negligence that may have contributed to your accident.

Damages in Commercial Truck Accident Cases

Victims of commercial truck accidents may be entitled to various types of damages, depending on the circumstances of their case.

These damages can include:

Medical Expenses

When you’re involved in a commercial truck accident, one of the most significant consequences you may face is the cost of medical treatment. Injuries sustained in these accidents can be severe and may require extensive care, such as hospitalization, surgery, medication, and ongoing rehabilitation. It’s important to seek compensation for all medical expenses related to your injuries to ensure you can receive the care you need without facing financial hardship.

Your truck accident attorney will work closely with medical professionals to document your injuries and treatment, ensuring all costs are accounted for in your claim. This includes your current medical bills and any anticipated future expenses related to your injuries, such as follow-up appointments, physical therapy, or long-term care.

Lost Income

In addition to medical expenses, you may experience financial losses due to time away from work while recovering from your injuries. This can include not only the income you’ve lost but also any benefits, such as health insurance or retirement contributions, that you would have received had you been working.

Your truck accident attorney will calculate the full extent of your lost income and work to secure compensation for these losses. This may involve gathering documentation such as pay stubs, tax returns, and employer statements to demonstrate your earning capacity and the impact of your injuries on your ability to work.

Property Damage

Commercial truck accidents often result in significant damage to vehicles and other personal property. If your car or other belongings were damaged in the accident, you might be entitled to compensation for repairing or replacing these items.

Your attorney can work with experts to assess the extent of the damage and determine the fair market value of your property. They will then negotiate with the insurance company or other liable parties to secure compensation for these losses, ensuring you can get back on the road and move forward with your life.

Pain and Suffering

Beyond the financial losses you may experience after a commercial truck accident, you may also face significant physical pain, emotional distress, and mental anguish as a result of your injuries. These non-economic damages, often referred to as “pain and suffering,” can be more challenging to quantify than medical expenses or lost income and are no less important when seeking fair compensation.

Your truck accident lawyer will work with you to document the impact of your injuries on your daily life, including any physical pain, limitations on your activities, or emotional trauma you’ve experienced. They will then use this information to negotiate with the insurance company or present a compelling case to a jury, seeking compensation for the full extent of your pain and suffering.

Loss of Enjoyment of Life

In some cases, the injuries sustained in a commercial truck accident may be so severe that they permanently impact your ability to participate in activities and hobbies you enjoyed before the accident. This loss of enjoyment of life can be a significant factor in your overall damages.

For example, if you were an avid runner or enjoyed playing sports before the accident but can no longer engage in these activities due to your injuries, you may be entitled to compensation for this loss. Your attorney will work with you to document the impact of your injuries on your quality of life and seek compensation for these damages.

Punitive Damages

In rare cases involving particularly egregious conduct or gross negligence on the part of the truck driver or trucking company, the court may award punitive damages in addition to compensatory damages for your injuries and losses. Punitive damages punish the responsible party and deter similar behavior in the future.

For example, if the trucking company knowingly allowed a driver with a history of safety violations to operate a vehicle or if the driver was under the influence of drugs or alcohol at the time of the accident, punitive damages might be appropriate. Your truck accident attorney will review the circumstances of your case and advise you on whether pursuing punitive damages is a viable option.

Your truck accident lawyer will work diligently to ensure you receive full and fair compensation for your damages.

The Importance of Acting Quickly

It’s important to act quickly after a commercial truck accident to protect your legal rights and increase your chances of securing fair compensation.

There are several reasons for this:

Statute of limitations: Each state has a statute that sets a deadline for filing a personal injury lawsuit. If you fail to file your claim within this time frame, you may be barred from seeking compensation.
Evidence preservation: Over time, crucial evidence related to your accident may be lost or destroyed. By promptly hiring a truck accident attorney, they can gather and preserve evidence while it’s still available.
Witness testimony: As time passes, witnesses to your accident may forget important details or become difficult to locate. Your lawyer will work to interview witnesses and secure their statements while their memories are still fresh.
Early settlement negotiations: By beginning the legal process soon after your accident, your attorney can start settlement negotiations with the insurance company, potentially leading to a faster resolution of your case.

Don’t wait to seek legal representation after a commercial truck accident. The sooner you consult with a truck accident lawyer, the better positioned you’ll be to protect your rights and pursue the compensation you deserve.

The Role of Federal Regulations

The commercial trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations are designed to promote safety and reduce the risk of accidents.

Some key federal regulations that may come into play in a commercial truck accident case include:

Hours of Service (HOS) rules: These regulations limit the number of hours truck drivers can drive to prevent fatigue-related accidents.
Electronic Logging Devices (ELDs): Most commercial trucks are required to be equipped with ELDs, which automatically record driving time and help enforce HOS rules.
Driver qualifications: Truck drivers must meet specific requirements, such as holding a valid commercial driver’s license (CDL) and passing medical examinations.
Vehicle maintenance: Trucking companies are required to regularly inspect and maintain their vehicles to ensure they are safe to operate.
Cargo securement: Regulations specify how cargo must be loaded and secured to prevent shifts and spills that can cause accidents.

Your truck accident lawyer will thoroughly investigate the trucking company’s compliance with these and other relevant regulations to determine if any violations contributed to your accident.

Handling Wrongful Death Cases

In the tragic event that a commercial truck accident results in the death of a loved one, surviving family members may be entitled to pursue a wrongful death claim. These claims seek compensation for losses such as:

Funeral and burial expenses
Lost income and benefits the deceased would have provided
Loss of companionship, guidance, and support
Mental anguish and emotional suffering

Wrongful death cases involving commercial truck accidents can be particularly complex, as they often involve multiple liable parties and substantial damages. An experienced truck accident attorney can guide you through the legal process, helping you seek justice for your loved one and secure the financial support your family needs during this difficult time.

Contact a Truck Accident Lawyer to Schedule a Free Consultation

Commercial truck accidents can have devastating consequences for victims and their families. If you or someone you know has been in an accident with a large truck, it’s time to understand your rights and take action to protect your interests. Seeking prompt medical attention, being cautious when dealing with insurance companies, and consulting with an experienced truck accident lawyer are crucial steps in the process.

A skilled truck accident attorney can investigate your accident, identify liable parties, and fight tirelessly to secure the compensation you deserve for your injuries, financial losses, and pain and suffering. Don’t hesitate to seek legal representation through a reputable Wisconsin personal injury law firm– the sooner you have an advocate on your side, the better positioned you’ll be to move forward with your life.

June 21, 2024 by Will Pemberton

The National Trial Lawyers Announces Rhyan Lindley As A Member of The NTL – Civil Plaintiff – Top 100 Trial Lawyers In Wisconsin

The National Trial Lawyers proudly announces the selection of Rhyan Lindley, a distinguished member of Pemberton Personal Injury Law Firm, as an NTL – Civil Plaintiff – Top 100 Trial Lawyer in the state of Wisconsin.

The Top 100 distinction is bestowed upon a select group of attorneys who exhibit superior qualifications, exemplary trial results, and exceptional leadership in the realms of criminal defense and/or civil plaintiff law. Membership in The National Trial Lawyers Top 100 not only recognizes these legal professionals for their achievements but also offers invaluable legal news, information, and continuing education resources to trial lawyers nationwide.

About The National Trial Lawyers

The National Trial Lawyers is an invitation-based organization dedicated to recognizing and promoting excellence in the legal profession. Comprising the top 100 trial lawyers in each state, the organization provides a platform for networking, knowledge-sharing, and professional development within the legal community.

June 20, 2024 by Will Pemberton

If you’ve suffered a severe injury in an accident caused by a commercial truck, you may be wondering what to do next. The most important steps are to get proper medical treatment and then contact an experienced truck accident lawyer who can protect your rights and pursue fair compensation.

A lot happens before you might file a lawsuit, and below are some steps to take following a crash and how you might go about filing a truck accident lawsuit.

Seek Medical Care Immediately

Your health and well-being should be the top priority after any serious accident. Even if you feel okay at first, it’s wise to get checked out by a doctor as soon as possible. Some severe injuries may not show symptoms right away.

Promptly seeking treatment ensures that all of your injuries are diagnosed and documented. This creates important medical records that will be valuable evidence in your legal case.

Tell your doctors about your symptoms and follow their treatment recommendations closely. Continue with all follow-up appointments and therapy sessions. Gaps in treatment can be used against you by the trucking company’s insurer.

Be Cautious When Talking to Insurance Companies

After an accident with a commercial truck, a representative from the trucking company’s insurer will likely contact you. They may ask for a recorded statement about what happened or pressure you to accept a quick settlement offer.

It’s best to avoid discussing the details of the crash with any insurance adjusters until you’ve spoken to your lawyer. Insurers focus on minimizing payouts, not ensuring you get fair compensation.

Anything you say can be twisted and used to undermine your case. Let them know you are still receiving treatment and will respond to their requests once you’ve retained legal counsel.

Contact an Experienced Truck Accident Attorney

Truck accident cases are very complicated, with multiple potentially liable parties, federal regulations, and well-funded corporate legal teams on the other side. To level the playing field and give yourself the best chance at a good outcome, hire a skilled truck accident attorney as soon as possible.

Look for a lawyer with specific experience handling commercial vehicle crash cases and a track record of success. Most reputable firms offer free initial consultations, so you can get advice on your rights and options at no cost.

Your attorney will handle all communications with insurance companies and at-fault parties on your behalf. They will launch an immediate investigation to secure evidence like the truck’s black box data, driver logs, and vehicle maintenance records before it can be lost or destroyed.

A knowledgeable truck accident lawyer will identify all potential sources of compensation and build a strong case for maximum damages. With their guidance, you can avoid mistakes and make the best decisions for your physical, emotional, and financial recovery.

Investigating the Accident

Your lawyer and their team will conduct a thorough, independent investigation into the accident to determine liability and build a persuasive case.

This process involves:

Visiting the crash scene
Interviewing eyewitnesses
Reviewing police reports
Analyzing photos and surveillance camera footage
Consulting expert witnesses
Obtaining driver personnel files and company safety records
Examining data from the truck’s electronic logging devices
Researching the trucking company’s history of accidents and regulatory violations

During the investigation, your attorney will look for evidence of negligence such as:

Truck driver fatigue from violating hours of service limits
Distracted or reckless driving behaviors
Inadequate driver training and supervision
Negligent hiring practices
Improper truck maintenance
Overweight or unsecured cargo loads
Defective vehicle parts
Failure to follow federal safety regulations

Proving fault in a truck accident case often requires extensive legal and technical experience. An experienced lawyer will know how to uncover and leverage the evidence needed to demonstrate the full extent of the defendant’s negligence and liability.

Identifying Liable Parties

Truck accident cases are especially complex because multiple entities may be legally responsible for a victim’s injuries. Potentially liable parties can include:

The Truck Driver

In many truck accident cases, the driver bears some responsibility for the crash. Truck drivers must follow strict safety regulations and exercise caution behind the wheel. When they fail to do so, innocent people can get hurt.

Examples of driver negligence that commonly leads to accidents include:

Speeding or driving too fast for conditions
Distracted driving, such as texting or eating while driving
Fatigued driving from violating hours-of-service rules
Driving under the influence of drugs or alcohol
Failing to properly secure cargo loads
Making improper lane changes or turns
Tailgating or aggressive driving behaviors

If the truck driver’s careless actions caused your crash, you may have a case against both the individual driver and their employer. Your lawyer will investigate the driver’s history and conduct to identify all relevant evidence of negligence.

The Trucking Company

The trucking company that owns the vehicle and employs the driver can often be held liable for accidents. These companies have a legal duty to ensure their trucks are safe and their drivers are qualified. When trucking companies cut corners on safety, they put everyone on the road at risk.

Trucking company negligence that frequently contributes to accidents includes:

Negligent hiring of drivers with poor safety records or inadequate experience
Failing to properly train drivers on safe practices and company policies
Failing to conduct required background checks and drug tests on drivers
Pressuring drivers to meet unrealistic delivery schedules
Failing to inspect and maintain vehicles according to regulations
Encouraging or ignoring hours-of-service violations

A skilled truck accident attorney will investigate the trucking company’s safety record, hiring practices, and compliance with federal regulations to identify evidence of negligence. Sometimes, the company’s pattern of putting profits over safety can justify punitive damages.

Freight Broker and Logistics Company Liability

Many trucking companies coordinate shipments and routes with third-party freight brokers or logistics companies. These entities can be liable for accidents if their negligence contributed to the crash.

For example, if a broker fails to verify a carrier’s safety record or insurance coverage before hiring them, they may be responsible for any resulting accidents. Similarly, if a logistics company creates an unrealistic delivery schedule that encourages drivers to speed or skip rest breaks, they can be liable for a crash caused by driver fatigue.

Cargo Loading Companies

The company responsible for loading cargo onto the truck can be accountable if their negligence leads to an accident. Improperly secured/overloaded cargo can cause the truck to jackknife, roll over, or spill its contents onto the highway.

Federal regulations dictate how cargo must be distributed and secured for different types of loads. If the loading company fails to follow these rules, they may be liable for any resulting crashes.

Truck and Parts Manufacturers

Sometimes, accidents happen because of a defect in the design or manufacture of the truck or its components. Faulty brakes, tires, steering systems, or hitches can all cause the driver to lose control and crash. If a mechanical failure played a role in your accident, you may have a claim against the manufacturer.

Product liability cases involving large commercial trucks are highly complex and require extensive engineering expertise. Trucking companies must keep detailed maintenance records that can provide crucial evidence of a part failure. It’s best to work with a law firm with the resources and experience to thoroughly investigate potential manufacturing defects.

Maintenance Providers

Trucking companies are legally required to inspect, maintain, and repair their vehicles according to strict standards. Some companies outsource this work to third-party maintenance providers. If a contracted maintenance company fails to properly service the truck and an accident results, they can be held liable.

Maintenance issues that frequently lead to truck crashes include:

Inadequate brake adjustments
Failure to replace worn tires
Incomplete vehicle inspections
Improper trailer hitch maintenance
Failure to fix known mechanical problems

Government Liability for Road Conditions

In certain situations, government entities responsible for road design, construction, and maintenance can be defendants in truck accident lawsuits. Hazardous road conditions such as potholes, inadequate lighting, missing guardrails, or malfunctioning traffic signals can contribute to crashes. If the government agency knew or should have known about the danger and failed to address it, they may be liable.

Suing a government entity is complicated, with special rules and tight deadlines. Most states have a shorter statute of limitations for claims against the government and require plaintiffs to file a formal notice of claim first. Unique sovereign immunity and damages cap issues may also come into play.

An experienced truck accident lawyer will know how to bring a case against a government agency and fight to hold them accountable for negligently designed or maintained roads.

Calculating Damages

If you were seriously injured in a truck accident caused by someone else’s negligence, you may be entitled to compensation for both economic and non-economic damages, such as:

Past and future medical expenses
Lost income and reduced future earning capacity
Pain and suffering
Emotional distress
Scarring and disfigurement
Loss of enjoyment of life
Loss of consortium

Punitive damages may also be available to punish the wrongdoer in cases of egregious misconduct.

Truck accident injuries are often catastrophic, leading to astronomical medical bills, extended time off work, and permanent disabilities. Experienced attorneys work with medical and economic experts to fully assess the long-term impact of the crash and pursue maximum compensation for victims.

Filing the Truck Accident Lawsuit

If negotiations do not result in a fair settlement, your lawyer may advise filing a truck accident lawsuit to take your case to civil court. Litigation begins with your attorney drafting and filing a complaint detailing your injuries, the defendant’s negligent actions that caused them, and the compensation you seek.

Each state has deadlines for filing personal injury lawsuits, known as statutes of limitations. For most truck accidents, the limit is two or three years from the date of the crash. However, certain factors can toll or extend this window. It’s wise to speak with an attorney as soon as possible to protect your right to compensation.

Once the lawsuit is filed, the discovery phase begins. During this process, each side requests relevant documents and information from the other through interrogatories, depositions, and subpoenas. Your lawyer will handle all of these complex procedures and filings for you.

Based on the strength of the evidence obtained during discovery, the defendant may make a settlement offer. Your attorney will review the offer with you and advise if it is fair or if you should proceed to trial. Ultimately, you decide whether to accept a settlement or go to court.

Going to Trial

The vast majority of truck accident cases are resolved through out-of-court settlements. However, if the insurance company refuses to make a reasonable offer, going to trial may be necessary. From selecting a jury to delivering closing arguments, your attorney will handle all aspects of courtroom litigation on your behalf.

Your lawyer will present a carefully crafted case based on solid evidence and expert testimony at trial. They will aggressively pursue the full and fair compensation you deserve.

Of course, going to court extends the legal process and comes with added costs. There is also no guarantee of a favorable verdict. Your attorney will give you a professional assessment of the strength of your case and your likelihood of success at trial so you can make an informed decision.

Hire an Experienced Truck Accident Lawyer ASAP

If you or someone you know has suffered a severe injury in an accident caused by a negligent truck driver, you may be entitled to significant compensation. However, getting the full amount you deserve will likely require filing a lawsuit and facing off against a team of corporate insurers and lawyers determined to minimize or deny your claim.

The best way to protect your rights and improve your odds of a successful outcome is to hire an experienced truck accident lawyer as soon as possible after the crash. A skilled attorney will handle every aspect of your case and fight tirelessly for the justice and financial recovery you need to rebuild your life.

Don’t try to take on the trucking companies alone. Contact a Madison personal injury attorney today for a free consultation and get the legal guidance you deserve.

June 17, 2024 by Will Pemberton

The National Trial Lawyers announces Zachary Guerin as a member of the NTL – Civil Plaintiff – Top 40 Under 40 Trial Lawyers in Wisconsin

The National Trial Lawyers proudly announces the selection of Zachary Guerin, a distinguished
member of Pemberton Personal Injury Law Firm, as an NTL – Civil Plaintiff – Top 40 under 40 Trial
Lawyer in the state of Wisconsin.

The Top 40 Under 40 distinction is bestowed upon a select group of attorneys who exhibit superior
qualifications, exemplary trial results, and exceptional leadership in the realms of criminal defense
and/or civil plaintiff law. Membership in The National Trial Lawyers Top 40 Under 40 not only
recognizes these legal professionals for their achievements but also offers invaluable legal news,
information, and continuing education resources to trial lawyers nationwide.

About The National Trial Lawyers:

The National Trial Lawyers is an invitation-based organization dedicated to recognizing and
promoting excellence in the legal profession. Comprising the top trial lawyers in each state, the
organization provides a platform for networking, knowledge-sharing, and professional development
within the legal community.

(608) 448-6242

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