Truck Accidents

Navigating truck accident laws in Wisconsin can be overwhelming, especially when you’re seeking after a traumatic event. However, understanding the steps to take and the complexities of liability is critical to protecting your rights. This FAQ provides answers to common concerns, empowering you to make informed decisions about your truck accident claim.

1. What actions should I take after a truck accident in Wisconsin?

The first step is to ensure your safety and the safety of others involved. Call 911 to report the accident and request emergency assistance. If possible, move to a safe location, but leave the vehicles in place if they pose evidence for investigation.

Seek medical attention, even if you feel fine, as some injuries may not be immediately apparent. Gather contact information for witnesses and other drivers. Take photos of the scene, and also avoid discussing fault at the scene.

2. How are truck accident cases different from regular car accidents?

Truck accidents include those involving 18-wheelers and shipping trucks, which can cause more severe injuries and damage. Additionally, trucking companies, drivers, and even manufacturers may share liability.

Federal regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), also play a critical role in determining responsibility. These cases tend to be more complex and require experienced legal representation.

3. Who can be held responsible for a truck accident?

Responsibility in a truck accident can extend beyond the driver. Possible parties include:

• The truck driver: If they were speeding, distracted, or driving under the influence.
• The trucking company: For improper hiring, training, or failure to maintain their vehicles.
• The cargo loaders: If improperly secured cargo caused the accident.
• The vehicle manufacturer: For mechanical defects or faulty parts.

Determining liability often involves reviewing accident reports, driver logs, maintenance records, and black box data.

4. What types of compensation are available for truck accident victims?

In Wisconsin, truck accident victims may be eligible for several types of compensation, including:

• Healthcare costs: Present and upcoming expenses for therapy, recovery, and drugs.
• Lost wages: Compensation for time missed at work due to the injury.
• Pain and suffering: For physical pain and emotional distress caused by the accident.
• Loss of earning capacity: If the injuries result in long-term disability or inability to work.

The amount of compensation depends on the specifics of your case, including the severity of your injuries and the extent of negligence.

5. What is Wisconsin’s statute of limitations for truck accident claims?

In Wisconsin, the statute of limitations for filing an injury claim is three years from the date of the accident. This means you must initiate legal action within this period, or administrators may bar your claim.

Exceptions may apply in specific cases, such as those involving minors or incapacitated individuals. Consulting with an attorney is essential to protecting your rights.

6. Should I speak to the trucking company’s insurance adjuster?

It is generally not advisable to speak with the insurance adjuster without consulting an attorney. Insurance companies aim to minimize payouts and may use your statements against you. Instead, refer the adjuster to your attorney, who can handle all communications and protect your interests.

7. What are common causes of truck accidents in Wisconsin?

Common causes of truck accidents include:

• Driver fatigue: Long hours on the road can lead to drowsy driving.
• Distracted driving: Using a phone or other distractions while driving.
• Improper maintenance: Failing to keep brakes, tires, or other components in good condition.
• Overloaded or unsecured cargo: Leading to spills or imbalances.
• Speeding or reckless driving: Especially dangerous in large vehicles.

Understanding the cause is vital for establishing liability and building your case.

8. What types of injuries are common in truck accidents?

Due to the size and weight of the vehicles involved, truck accidents often result in severe injuries. Common injuries include:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries and paralysis
• Broken bones
• Burns from fires or hazardous materials
• Internal injuries

These injuries often require extensive medical treatment and long recovery periods, emphasizing the importance of securing fair compensation.

9. Do I need a lawyer to handle my truck accident claim?

While it is not legally required, having an experienced personal injury lawyer is highly recommended. Truck accident cases involve complex factors, such as federal regulations and multiple liable parties.

An attorney can:

• Investigate the accident
• Gather evidence
• Negotiate with insurance companies
• Significantly increase the insurance payout
• Represent you in court if necessary

Lawyers aim to protect their clients’ rights and obtain maximum possible compensation for injuries.

10. How does Wisconsin’s comparative negligence law affect my case?

Wisconsin follows a comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for the accident.

For example, if you are 20% at fault, your compensation will be reduced by 20%. However, if you are more than 50% at fault, you cannot recover any damages. An attorney can help minimize your level of fault and maximize your recovery.

11. What role does black box data play in a truck accident case?

Most commercial trucks are equipped with electronic logging devices (ELDs) or “black boxes” that record crucial data such as speed, braking patterns, and driver hours.

This information can provide valuable evidence to determine what happened during the accident. Accessing and preserving this data requires swift legal action to ensure it is not lost or tampered with.

12. How can weather conditions impact truck accident liability?

While adverse weather conditions like snow, ice, or fog are common in Wisconsin, truck drivers and companies are still responsible for safe driving.

Liability may arise if a driver failed to adjust their speed or failed to use proper safety measures, such as maintaining safe following distances or using tire chains when required.

13. What happens if a trucking company violates FMCSA regulations?

Violations of FMCSA regulations, such as exceeding hours-of-service limits or failing to perform regular vehicle inspections, can be used as evidence of negligence. An attorney can identify these violations and use them to strengthen your case against the trucking company or driver.

Contact Pemberton Personal Injury Law Firm

If you or a loved one has been injured in a truck accident in Wisconsin, the experienced team at Pemberton Personal Injury Law Firm is here to help. With offices in Madison, Baraboo, and Eau Claire, we provide statewide legal representation. Our attorneys will fight for the compensation you deserve. Contact us today for a free case evaluation.