Truck accident and semi truck accident cases start with the same rules of the road that apply to automobile accident cases. Truck drivers must yield the right of way under specified circumstances, operate at a reasonable and prudent speed, and maintain control of their vehicles. These “rules of the road” are spelled out in Chapter 346 of the Wisconsin Statutes and our team of Milwaukee truck accident attorneys are well versed in the outlined rights and laws.
Truck accidents happen all the time and result in personal injuries or wrongful death claims. However, it would be mistaken to think that they are always easy to resolve. In addition to the “rules of the road,” the truck accident attorneys at Murphy & Prachthauser understand the special duties imposed on commercial and public carriers, as well as the complex scientific and engineering principles often necessary to unravel just how an accident occurred and who was at fault. We are Milwaukee’s truck accident lawyers and we have the knowledge and ability to properly evaluate your injuries, as well as the economic and accounting rules needed to evaluate your damages.
If you’ve been involved in a truck accident, there are certain steps you should take immediately. Take a look below at our overview of what to do after a truck accident:
Take down insurance and contact information.
Get medical help. Call an ambulance in case of injury, and always call the police if estimated damages exceed $1,000 dollars.
Take photos of the accident scene. Make sure you get photos of the truck involved in the accident as well as your own vehicle.
Call a lawyer right away. Even if you don’t think you need legal representation, it is important to call a truck accident attorney right away. An attorney can help you obtain police reports, obtain traffic cam footage (which is often deleted every 72 hours) and they can also help you manage medical bills, lost wages, and other expenses.
Notify your insurance company. You may not need to make a claim against your own insurance company, but you should still provide notice of an accident.
Don’t post about your accident on social media. Wait until you talk to your attorney before posting anything on social media. Anything you post can be found by insurance companies and used against your insurance claim and potential settlement.
Don’t settle. You are not required to settle your case unless you feel it is the right choice. It is important to find a lawyer who doesn’t just settle every case as fast as possible. In fact, it’s best to have a legal team that is willing and able to take your case to court and win. Preparing every case like it is going to trial means your legal team is behind you 100 percent, not just hoping to settle your case and move on to the next.
Truck accidents happen almost every day. Many result in severe personal injuries and death. Our Milwaukee truck accident attorneys know that truck accident victims and their families confront a variety of questions:
Every truck accident attorney at Murphy & Prachthauser has decades of experience handling truck accident cases. Call one of our Milwaukee area truck accident attorneys if you want answers to your questions. Each attorney at Murphy & Prachthauser is happy to take the time to talk to you about your case, explain the process, and answer your questions about your truck accident case. There is no charge for a phone or in-person meeting with one of our truck accident attorneys.
The transportation industry is governed by a complicated set of laws enacted by both the state and federal government.
The laws and rules specify what is necessary for driver’s qualifications, including their training, and their physical ability to drive. The rules also specify minimum equipment requirements for operation of these vehicles on the public roads.
According to the United States Department of Transportation, there are 500,000 estimated truck accidents every year.
The most common causes of truck accidents are:
As with any type of accident, a lawyer can review the details of your case and determine the presence of negligence, liability and fault. As your team of lawyers, we will work hard on your behalf to help determine the merit of your case and help you recover the compensation you may deserve.
Because the trucking industry is heavily regulated, truck accident law is significantly more complex. Frequently, an action can be brought against both the driver, the driver’s employer (the trucking firm), and the insurance company. Therefore, you need a truck accident lawyer who has the experience and specialized knowledge to lead the investigation into the cause of the truck accident and to help you collect the maximum amount allowed under the law. We have extensive experience in representing the victims of accidents involving trucks. Our years of practice have resulted in our access to innumerable experts in a variety of specialty areas related to trucking and transportation litigation. This access and expertise enhances our ability to maximize a recovery for our clients.
Our truck accident and semi truck accident attorneys in Milwaukee will explain that truck accident cases are similar to other personal injury cases, starting with the question of of liability:
Also similar to other personal injury cases, truck accident cases involve issues of damages. The ultimate damage issue in a truck accident case, like any personal injury case is: what is fair and reasonable compensation for injuries suffered as a result of the truck accident? Each Milwaukee truck accident attorney at Murphy & Prachthauser has the answers for you.
The liability issues are commonly decided with reference to the “rules of the road,” which are statutory rules enacted by the legislature and contained in Wisconsin Statute Chapter 346. That statute sets forth a driver’s duties in broad terms and requires drivers to operate at a reasonable and prudent speed, to yield the right of way under certain circumstances, and to maintain their vehicle under control. There are numerous duties set forth in this statute, and a truck driver who violates these rules and is in an accident is considered negligent. In addition to the statutory rules, all truck drivers have a duty to act with “ordinary care.”
Our Milwaukee truck accident attorneys will explain that something called the “common law” requires each person to act with the care which a reasonable person would use in similar circumstances. A person is negligent when, without intending to do harm, does something or fails to do something that a reasonable person would recognize as creating an unreasonable risk of injury or damage to another.
Our truck accident attorneys understand that in an truck accident case, there is often more than one party who is responsible:
If a person suffers injury in a truck accident as a result of the negligence of a truck driver, he or she is entitled to make a claim for damages. The categories of damages include wage or earnings losses, medical, hospital and related expenses, and pain, suffering and disability. A spouse, child or parent of an injured person may have what is called a ”derivative claim,” sometimes known as a loss of consortium claim, or even a claim for their emotional distress if they witnessed the event. A truck and auto accident lawyer with Murphy & Prachthauser will explain that these claims are highly fact dependant, and you should consult an experienced truck accident attorney for more details. Our attorneys understand that if aggravating circumstances exist on liability, for example, if the other driver was intoxicated, there may be a punitive damage claim. The law is developing in this area, but texting while driving may be another area for damages which are designed to punish the offender: punitive damages.