How Is a Truck Accident Case Different From a Car Accident Case?
Truck accident cases differ significantly from standard car accidents. They often involve more than one responsible party and a set of federal trucking rules. Navigating these cases takes knowledge of those regulations and a plan to gather evidence quickly.
How Do We Handle Truck Accident Cases?
At Pemberton Personal Injury, we focus on the details that matter in a trucking crash. Our work may include:
- Investigating the crash, including driver logs, vehicle maintenance records, and black box data
- Working with accident reconstruction professionals to understand the cause of the collision
- Handling communications with insurance companies and trucking companies on your behalf
Who May Be Responsible After a Truck Accident?
Responsibility depends on the facts of the crash. Depending on the circumstances, responsible parties may include:
- The truck driver
- The trucking company
- A shipper or company that loaded the cargo
- A company that maintained or repaired the truck
- A manufacturer of defective truck parts
Whether a driver is a contractor or a full-time employee can make a difference. This question comes up often in delivery truck accidents, since many package carriers rely on contractors to run their routes. An attorney can review the records to help identify who may be responsible.
What Compensation May Be Available After a Truck Accident?
If you are a victim of a truck accident, you may be able to seek compensation for:
- Medical expenses, including future treatments
- Lost wages and diminished earning capacity
- Pain and suffering
- Wrongful death (if applicable)
What Federal Rules Apply to Commercial Trucks?
Commercial trucking is governed by federal and state rules designed to protect public safety. The Federal Motor Carrier Safety Administration (FMCSA) sets many of these rules.
For example, FMCSA’s hours-of-service rules say property-carrying drivers may drive a maximum of 11 hours after 10 consecutive hours off duty, and they must take a 30-minute break after 8 cumulative hours of driving. Trucks must also meet maintenance standards, including regular inspections of brakes, tires, and other critical systems. Trucking companies must keep records of drivers’ hours, vehicle maintenance, and cargo loads. These records can help show whether rules were followed, but they are not always easy to obtain without legal support.
Federal rules also set minimum insurance levels. Under 49 CFR Part 387, many for-hire carriers of nonhazardous property in interstate commerce must carry at least $750,000 in liability coverage. Actual coverage can be higher and varies by carrier, so an attorney can look into what applies to your case.
What Evidence Matters in a Truck Accident Case?
Semi-trucks have technology like electronic logging devices (ELDs) and black box recorders. These tools collect data such as speed, braking patterns, and hours of operation before a crash. Helpful evidence can include:
- Driver logs and ELD data
- Black box (event data recorder) data
- Maintenance and inspection records
- Cargo and loading records
- Photos, video, and witness statements
Some of this information can be overwritten or lost over time, so quick action matters. Our attorneys work quickly to help preserve the evidence you need. Read our Wisconsin truck accident FAQ for additional information.
What Are Common Causes of Wisconsin Trucking Accidents?
Trucking accidents often result from unsafe practices or negligence, including:
- Driver fatigue from long hours on the road
- Lack of truck maintenance
- Overloaded or improperly secured cargo
- Distracted or impaired driving
- Failure to follow traffic laws or safety regulations
- Negligent driving on hazardous or slippery roads
Semi-truck accidents often involve massive vehicles and smaller passenger cars, and they can leave victims with serious injuries. Common injuries include spinal cord damage, traumatic brain injuries, and broken bones.
How Common Are Semi-Truck Accidents in Wisconsin?
WisDOT reported 6,825 crashes involving large trucks in Wisconsin in 2024. Those crashes resulted in 66 deaths and 1,480 injuries, including 180 serious injuries. Nationwide, NHTSA estimates that 153,452 people were injured in crashes involving large trucks in 2023.
How Do Icy Roads Affect Truck Accidents?
Icy roads challenge all drivers, but the risks increase for large trucks. A fully loaded semi-truck can weigh up to about 80,000 pounds, which makes it harder to stop or steer on slippery roads. Drivers are expected to adjust their speed and following distance for conditions. Fault may also involve the trucking company if records show worn tires or poor winter preparation.
How Does Wisconsin’s Comparative Negligence Law Affect a Truck Accident Claim?
Wisconsin follows a modified comparative negligence rule under Wis. Stat. § 895.045. In general, you may still recover compensation if your share of fault is not greater than the share of the person you are seeking recovery from. Any compensation is reduced by your percentage of fault.
What Should You Do After a Truck Accident?
If you can do so safely, these steps can help protect your health and your claim:
- Call 911 and get medical care. Seek help for any injuries, even if they seem minor at first.
- Document the scene. Take photos of the vehicles, the truck’s markings and license plate, and the road conditions.
- Collect information. Get the driver’s name, the trucking company’s name, and contact details for witnesses.
- Be careful with insurance calls. Talk with an attorney before giving a recorded statement.
- Contact a lawyer quickly. Early action can help preserve important evidence.
How Long Do You Have to File a Truck Accident Claim in Wisconsin?
Typically, a lawsuit must be filed within three years from the date of the accident, and this time period generally applies to truck accident claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline. Wrongful death claims are handled under their own rules, so it is best to speak with an attorney as soon as possible.
Contact Our Wisconsin Truck Accident Lawyers
The aftermath of a truck accident can feel overwhelming. Medical bills, lost income, and emotional stress can make it hard to move forward.
Pemberton Personal Injury can help you understand your options. Do not face the legal process alone. Contact us today for a free case evaluation. Call (608) 448-6242. We will work to pursue the compensation your case may support.