Wisconsin Truck Accident Lawyer: Experienced Legal Support for Your Case
Truck accident and semi-truck accident cases differ greatly from the general rules of the road that apply to automobile accident cases. Highly experienced and well-versed in the responsibilities that truck drivers must follow, our truck accident lawyers have the knowledge and ability to properly evaluate your injuries, as well as the economic and accounting rules needed to evaluate your damages.
Why should I hire a Wisconsin truck accident lawyer?
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.
What Are the Main Differences Between Car Accidents and Truck Accidents?
When it comes to accidents on the road, truck accidents differ significantly from car accidents in terms of severity, complexity, and the number of parties involved. If you’ve been injured in a truck accident in Wisconsin, it’s essential to understand how these accidents vary and why it’s crucial to hire an experienced Wisconsin truck accident lawyer like those at Murphy & Prachthauser. Below, we explore the key differences between car and truck accidents and how they affect your case.
1. Severity of Injuries
- Truck Accidents: Due to their massive size and weight, trucks often cause far more severe injuries than cars. Semi-trucks can weigh up to 80,000 pounds, making collisions with smaller vehicles much more dangerous. Injuries in Wisconsin truck accidents tend to be more catastrophic, such as traumatic brain injuries, spinal cord damage, and severe fractures. The fatality rate is also higher for truck accidents due to the immense force of impact.
- Example: A truck accident involving a head-on collision can result in deadly injuries for the driver of a car, as the truck’s size and weight can crush the smaller vehicle and its occupants.
- Car Accidents: While car accidents can also lead to serious injuries, they are typically less severe than truck accidents because of the smaller size and lighter weight of cars. Injuries often include whiplash, broken bones, and soft tissue damage.
- Example: In a car accident, such as a rear-end crash, injuries are often less severe, typically involving neck pain or mild concussions, and recovery time is usually quicker.
2. Financial Impact and Claims
- Truck Accidents: The financial implications of a truck accident are much higher due to the severity of the injuries, medical bills, lost wages, and long-term care costs. In addition, truck accidents are more complex because they can involve multiple parties—such as the truck driver, trucking company, and even the manufacturer of the truck’s parts. Trucking companies are required to carry commercial insurance policies with much higher coverage limits, which can lead to more complicated claims.
- Example: If you’re injured in a truck accident in Wisconsin, you might be entitled to compensation from the trucking company’s insurance policy, which can cover long-term medical expenses, rehabilitation, and lost income.
- Car Accidents: Car accidents typically involve lower insurance claims due to less severe injuries. The at-fault driver’s personal auto insurance usually covers the damages, but in some cases, these policies have lower coverage limits compared to commercial truck insurance.
- Example: A car accident might result in lower medical bills and property damage, and your insurance settlement could be enough to cover immediate expenses, but it may not account for long-term medical care or future lost wages.
3. Liability and Multiple Parties Involved
- Truck Accidents: Truck accidents in Wisconsin are more complex because multiple parties could be responsible. In addition to the truck driver, liability could extend to the trucking company for failing to properly train or supervise the driver, or for violating federal regulations. Manufacturers could also be at fault if defective parts, like brakes or tires, caused the accident. This is why it’s critical to hire an experienced Wisconsin truck accident lawyer who understands the intricate details of trucking regulations and the multiple liable parties involved.
- Example: If a truck accident occurs because the truck driver was fatigued from violating hours-of-service laws, the trucking company could be held responsible for not enforcing regulations. Additionally, if a defective brake system caused the crash, the manufacturer could also be liable.
- Car Accidents: Car accidents are generally simpler in terms of liability, usually involving just the at-fault driver. The driver’s insurance covers the damages, and in cases of clear fault, the claim process is more straightforward.
- Example: In a typical car accident, the driver at fault is usually the only one responsible, and the claim process involves dealing with their insurance company.
4. Regulations and Safety Standards
- Truck Accidents: Trucks are subject to strict federal and state regulations that don’t apply to passenger vehicles. These regulations cover everything from the weight of the truck and hours of service for drivers to safety inspections and maintenance records. Violations of these regulations often play a critical role in determining liability in Wisconsin truck accident cases. If a trucking company or driver violates any of these laws, they could be held accountable for the accident.
- Example: If a truck driver has been driving for more hours than allowed by federal law and causes an accident due to fatigue, the trucking company could be held responsible for failing to comply with the hours-of-service regulations.
- Car Accidents: While cars must also meet safety standards, the regulations are not as extensive or specific as those governing trucks. Car accidents are generally governed by basic traffic laws, such as speed limits, right-of-way rules, and DUI laws.
- Example: A driver speeding through a red light may cause a car accident, but this is governed by state traffic laws rather than specialized industry regulations.
5. Insurance Coverage and Settlement Process
- Truck Accidents: The insurance involved in truck accidents is typically much higher, with commercial truck insurance policies ranging from $1 million to $5 million, depending on the type of truck. This higher coverage allows victims to pursue substantial settlements, but it also makes the settlement process more complex. Multiple insurance companies may be involved, and trucking companies often fight hard to limit their liability.
- Example: After a truck accident in Wisconsin, you may find that the trucking company’s insurer offers a settlement. However, the process can be complicated by multiple claims adjusters and policy limitations, requiring the expertise of an experienced Wisconsin truck accident lawyer to ensure you receive fair compensation.
- Car Accidents: Car accidents generally involve lower insurance policies, with coverage limits typically ranging from $25,000 to $250,000. These lower coverage limits can restrict the compensation available, especially if serious injuries occur.
Example: If you’re involved in a car accident where the damages exceed the driver’s insurance policy limits, you may not receive enough to cover all your medical bills and other expenses.
What are the types of truck accidents?
There are several types of truck accidents in Wisconsin:
- Rollover Collisions: A potentially deadly accident in which a truck flips onto its side or roof while in motion, often causing collisions with other nearby motorists. Common causes of these accidents are:
- Speeding
- Taking turns too quickly
- Improper cargo loading
- Sideswipe Collisions: A sideswipe truck accident, also known as a lane departure crash, occurs when the driver coasts into the adjacent lane, hitting another vehicle going in the same direction. Common causes of these accidents are:
- A failure to check blind spots
- A failure to signal a lane change
- Distractions
- Hydroplaning
- Rear Impact Collision: A rear-end truck accident occurs when a truck collides with the vehicle in front of it, often pushing the vehicle into yet another vehicle. Common causes of these accidents are:
- Tailgating
- Panic stops
- Distractions
- Lack of traction
- Head-On Collision: A head-on truck accident is one of the more dangerous types of crashes, especially when the vehicles involved have such a drastic difference in size. Typically these collisions occur when a truck strays out of its lane and into the path of an oncoming vehicle. Common causes of these accidents are:
- Distractions
- Loss of control
- Left-Turn Collision: Left-turn truck accidents occur when a vehicle makes a left turn at an intersection into oncoming traffic, often resulting in a T-bone crash. A driver making a left-hand turn only has the right of way if they are acting on a left-turn arrow. Common causes of these accidents are:
- Misjudgment of speed
- Misjudgment of the distance between vehicles
- Obstructed view
- Failure to Yield Collision: Wisconsin law clearly states the rules of the road and when to yield the right of way. A failure to yield commonly occurs at intersections and can cause a number of different accidents, such as head-on collisions and T-boning. Common causes of these accidents are:
- Distractions
- Malfunctioning traffic lights
- Aggressive driving
- Jackknife Collision: Jackknife truck accidents occur when a cab skids in one direction while its trailer goes in another, forming a 90-degree angle. A jackknifed tractor-trailer can often hit many vehicles across multiple lanes as it loses control. Common causes of these accidents are:
- Bad brakes
- Speeding paired with sudden stops
- Road conditions
- Driver inexperience
- Wide Right Turn Collision: Wide right turn truck accidents occur when there is not enough space between a truck and a car. When the truck makes a right turn, their cab then hits a car in the adjacent lane. Common causes of these accidents include:
- Driver not starting far enough to the left to make the turn
- Unchecked blind spots
- No turn signal
- Improperly Loaded Cargo Collision: Cargo that has been improperly loaded and secured in the cab of a truck can shift the weight moving around inside the cab, which can cause the tractor to sway or even spill its contents. Even if the contents themselves don’t cause damage, it can influence drivers to swerve in their lane, possibly off the road or into other cars. A common cause of these accidents includes mishandling and loading the cargo incorrectly by the truck loaders.
What are the common causes of truck accidents in Wisconsin?
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:
- Driving at Excessive Speeds: Often leads to loss of vehicle control.
- Distracted Driving: Discussing how distractions like mobile phones increase the risk of truck accidents, advocating for focused and attentive driving.
- Intoxicated Driver: Describing the dangers and legal implications of driving under the influence, stressing the importance of sobriety in preventing accidents.
- Blind spots: Accidents caused by trucks’ large blind spots, leading to dangerous situations for other drivers on the road.
- Fatigued Driving: Due to long hours on the road and unrealistic schedules.
- Faulty Trucks and Parts: Poor vehicle maintenance, including improper cargo loading contributing to mechanical failures.
- Dangerous Roads and Intersections: Notable roads include Interstate 94, Highway 49, and more.
- Weather: Inclement weather leading to lack of visibility or unexpected changes on the road.
What should I do after a Wisconsin truck Accident?
If you’ve been involved in a truck accident in Wisconsin, there are certain steps you should take immediately:
- Take down insurance and contact information.
- Name
- Address
- Phone number
- Driver’s license number
- Make and model of their vehicle
- License plate
- If possible, get witness names 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.
How Can an Attorney Prove Liability After a Wisconsin Truck Accident?
Proving liability in a Wisconsin truck accident can be complex due to the numerous factors that contribute to a crash, including the truck driver’s behavior, the condition of the truck, and potential violations of federal regulations. An experienced Wisconsin truck accident lawyer from Murphy & Prachthauser can help gather critical evidence and build a strong case to establish fault and secure the compensation you deserve. Here’s how an attorney can prove liability after a truck wreck:
1. Police Reports
After a truck accident in Wisconsin, the first step is often to secure the official police report. This report includes key information about the accident, such as the location, weather conditions, and the parties involved. Police officers may also cite the truck driver for violations, such as reckless driving or failure to follow traffic laws, which can be crucial in proving liability.
If serious injuries are involved, the Wisconsin State Patrol dispatches an investigation team to perform a complete reconstruction. This process can take weeks to months to complete, but it is well worth the wait because they do a thorough and excellent job.
- Example: If the police report indicates that the truck driver was cited for driving under the influence or failing to yield, this can help establish the driver’s fault in the accident.
2. Video Footage
In today’s digital age, video footage from nearby traffic cameras, dash cameras, or even surveillance footage from businesses or traffic lights can play a pivotal role in proving liability. Video evidence can show the truck driver’s actions leading up to the accident, such as speeding, failing to signal, or driving erratically. This can be a powerful piece of evidence in establishing fault.
- Example: If a nearby camera captures the truck swerving out of its lane before the collision, this can directly show the truck driver’s negligence and prove liability.
3. Driver Logs and Hours of Service
Truck drivers are required by law to keep detailed logs of their hours of service, which record when they started driving, when they took breaks, and when they stopped. These logs are essential in proving whether the driver was fatigued at the time of the accident, a common factor in many truck crashes. If the driver violated federal regulations governing rest periods, this could be crucial in establishing liability.
- Example: If the driver’s logs show they had been on the road for longer than legally allowed, it may be clear that driver fatigue contributed to the accident, making the trucking company liable for not enforcing hours-of-service regulations.
4. Truck Maintenance Records
The condition of the truck is another critical factor in proving liability. Maintenance records can help determine whether the truck was properly serviced and whether any mechanical issues, such as faulty brakes or worn tires, contributed to the accident. If the trucking company failed to maintain the truck properly, they could be held liable for the crash.
- Example: If the truck’s maintenance records show that the brakes were due for a check but were never serviced, it could point to negligence on the part of the trucking company, leading to their liability in the accident.
5. Cell Phone and GPS Data
Cell phone and GPS data can provide crucial evidence in determining the truck driver’s actions leading up to the crash. If the driver was texting or using their phone at the time of the accident, this can show distracted driving. Similarly, GPS data can reveal the truck’s speed, route, and whether the driver was following their intended path or deviating due to negligence.
- Example: If GPS data shows that the truck was speeding or making erratic stops before the crash, or if cell phone records show the driver was texting at the time of the accident, this could provide key evidence to prove liability.
6. Witness Testimonies
Eyewitnesses to the accident, including other drivers, pedestrians, or passengers, can provide valuable testimony about the events leading up to the crash. Their accounts can help corroborate other evidence and provide a clearer picture of what happened.
- Example: A witness who saw the truck weaving between lanes before the collision can help confirm that the truck driver’s actions were the primary cause of the accident.
7. Expert Testimony
In many truck accident cases, expert witnesses are called upon to testify regarding the cause of the crash. These experts may include accident reconstruction specialists, trucking industry professionals, or safety inspectors. Their analysis can provide a deeper understanding of how the accident occurred and who is to blame.
- Example: An accident reconstruction expert may be able to show that the truck’s failure to stop in time was due to a mechanical failure, or a trucking expert may testify about the trucking company’s failure to properly train drivers, further supporting the claim of negligence.
8. Trucking Regulations Violations
The trucking industry is subject to extensive regulations under both state and federal laws, such as the Federal Motor Carrier Safety Administration (FMCSA). An attorney can investigate whether these regulations were violated, including driver hours, vehicle inspections, and cargo loading practices. Violations of these rules can help establish liability and strengthen your case.
- Example: If the truck driver was not following FMCSA regulations for rest breaks, and this contributed to a fatigue-related crash, the trucking company could be held responsible for not adhering to safety standards.