Semi-Truck Accident Injury Attorney Wisconsin
When you are seriously injured in an accident, most likely the first question on your mind is whether or not there was someone to blame. If a semi-truck driver hit you, causing serious injury and trauma, you have every right to hold that person accountable for their actions. The road is the trucker’s workplace, and he or she should understand that they are responsible for the safety of their passengers and anyone else on the road.
Strong Advocates For People Injured In Trucking Accidents
Commercial trucking accidents in Wisconsin tend to involve very different issues than your average car accident or SUV crash. The Wisconsin trucking accident injury attorneys at Lein Law Offices, LLP understand the legal complexities of tractor-trailer and semi-truck accidents.
We recognize that with the significant personal injuries you have endured, you are likely going to be facing a mountain of medical bills, weeks or months away from the job, and the possibility that your life and family may never be the same again.
We have not only the skills but the resources to help you take your trucking accident case all the way to trial. Defendants may include not just the driver, but the driver’s employer, owner of the truck and possibly others.
Trucking accident lawsuits in Wisconsin are often highly complex, not only for the fact that the injuries involved are often severe, but because commercial motor carriers and their insurers specifically put roadblocks in place to make it tougher for you to collect damages.
For instance, many drivers are technically classified as “independent contractors,” meaning you cannot automatically pursue a claim of vicarious liability, as you could if the driver was considered an employee. (Under the doctrine of respondeat superior, you need not prove an employer was negligent to establish liability if the negligent employee was acting in the course and scope of employment.)
The good news about that is just because a trucking company labels a driver a contractor doesn’t necessarily mean that’s legally what they are. Your attorney may suggest you challenge that assertion.
There may be numerous companies involved in moving a single truckload – from commercial carriers to truck owners to third-party logistics firms to temp agencies that hire drivers. Untangling those contractual knots and helping you identify all defendants against whom you have a claim – and pursuing those claims – is a job our Wisconsin trucking accident attorneys take very seriously.
We identify all lines of insurance coverage and pursue all responsible parties for their liability.
These cases almost always require an extensive time commitment, expert witness testimony and a willingness to take the case all the way to trial if necessary.
Liability For Large Truck Accidents In Wisconsin
Trucking companies are bound by both federal and state laws, and in all cases owe other motorists a duty of care to make sure their drivers are properly trained, vetted and supervised, that their trucks are properly maintained and in good condition and that truckloads are properly stacked. A failure on any one of these fronts can lead to crashes resulting in catastrophic injuries.
The National Highway Traffic Safety Administration reports in a single recent year, large truck accidents killed more than 4,300 people. Of those, more than 70 percent were the occupants of the other vehicles. Large-truck drivers involved in deadly crashes had the highest percent of previously-recorded crashes, compared to drivers of other vehicle types.
In Wisconsin, the NHTSA reports large truck crashes comprised 8 percent of the total number of fatal accidents. Of the nearly 70 people killed in those collisions, approximately 80 percent were occupants of those other vehicles.
What that means is it’s not the truck drivers who are suffering the bulk of these serious injuries or deaths when collisions happen. It’s the other drivers, their passengers, pedestrians and people on bicycles.
The Federal Motor Carrier Safety Administration reports large trucks are involved in fewer crashes than passenger vehicles per 100 million miles traveled (38 compared to 132), but trucks tend to do far more damage when they do crash.
Bear in mind these are the minimum amounts required. It’s often a smart idea to purchase excess insurance. For instance, underinsured motorist coverage isn’t mandatory, but it can provide additional coverage in the event the minimum limits of the at-fault driver’s insurance aren’t sufficient to cover your damages.
Causes of Truck Accidents In Wisconsin
Although the causes of large truck accidents in Wisconsin can be as varied as any other type of crash, there have been some noted trends. The FMCSA points out some of the top factors they identified after analysis include:
- Truck driver fatigue (particularly when motor carriers stretch the hours-of-service regulations)
- Truck driver medical issues (i.e., heart attack, seizure, etc.)
- Truck driver distraction (i.e., smart phone use, distracted by something inside the truck, etc.)
- Speed/ trucker traveling too fast for conditions/ following too closely
- Brake problems in truck
- Traffic flow interruption (congestion/ crash)
- Unfamiliarity of the roadway
- Problems with the roadway
- Over-the-counter drug use (which is still considered impairment)
- Inadequate surveillance by trucking carrier
- Tire problems
- Feeling pressure/ stress from truck carrier;
- Alcohol/ illegal drugs.
Mind you, none of these are considered excuses or viable defenses. However, understanding the reasons helps us identify which parties may be legally responsible, and to what degree.
Working with a trucking accident attorney in Wisconsin who is experienced, skilled, dedicated and prepared, gives you the best chance of recovering the full scope of damages to which you are entitled.
Contact Lein Law Offices for information about your trucking accident in Wisconsin by calling toll-free at 877-712-4023.
Common Truck Accident Injuries:
- Traumatic Brain Injury: A blow to the head can cause swelling and bleeding within the brain, impacting the ability of nerve cells in your brain to communicate information.
- Spinal Cord Injury: Damage to the vertebrae or nerves in your spine could cause paralysis and make it difficult for you move or feel pain.
- Paraplegia: This type of spinal cord injury can cause your legs to be paralyzed, making it impossible to move them, or causing pain when you try.
- Quadriplegia: This injury impacts all four limbs and could make it difficult for you to use your arms or legs.
- Broken Bones: When a semi-truck accident results in broken bones, the impact and pressure on the bones can cause them to break apart and become splintered. You may need surgery to help you heal properly.
- Nerve Damage: When nerves in your body are damaged, it could impact muscle control and sensation. This is an especially painful type of injury because some nerve damage cannot be seen, but only felt by those who have been injured.
- Burns: If you are burned by a semi-truck accident, the burn could be very serious. The impact of the crash and friction from metal against your skin can cause second-degree burns or worse.
- Internal Bleeding: Internal bleeding is one of the most serious types of injuries that can result in a semi-truck accident. This type of bleeding could make it difficult for you to breathe or cause death. The bleeding cannot be seen by the eye, so an x-ray may be needed to see if internal bleeding is a possibility.
- Death: Death is possible in some semi-truck collisions, as injuries like paralysis and internal bleeding can lead to death. If you have lost a loved one in a semi-truck accident, it is important to understand that you are entitled to pursue an injury claim and possibly file a wrongful death lawsuit.
With any of these types of injuries, you may need to recover at home or in a hospital for a few weeks before it is safe to go back to work. If there are long-term or catastrophic injuries that cause paralysis, nerve damage or other signs that your body will never be the same again, then you may have serious settlement issues on your hands.
If you received a serious injury because of the negligence of another person, then you may have a claim to file. A semi-truck accident attorney can help you gather all of the evidence that proves this was an avoidable crash and ensure you receive a fair settlement from insurance companies who probably knew about this negligent driver but have done nothing to remove them from the roads.
Contact a semi-truck accident lawyer and schedule an appointment so you can take steps toward making this driver accountable and getting your fair share of the settlement money for your extensive injuries. There are many individuals who have been seriously injured because of truck drivers in Wisconsin, and your voice needs to join theirs if you want to see change in the industry.
Laws that were enacted in 2006 have resulted in more responsibility being put on truck drivers, which is a good thing for both parties involved. The Federal Motor Carrier Safety Administration (FMCSA) has created rules and guidelines that semi-trucks must follow in order to reduce the number of truck accidents on our highways. For example, trucks must have a Roadside Safety Device inspection after it is first purchased and then before each use or re-registration.
When a semi-truck violates these rules and regulations, they can receive penalties from authorities who oversee the FMCSA. These penalties are serious and can have significant consequences, including losing the right to operate a semi-truck, monetary fines and/or restitution to the victims who were harmed after a crash.
Preventing Future Truck Accidents:
How can a Wisconsin Truck Accident Attorney Can Help
Truck accident cases resulting in serious injury are often very complex and require a lawyer who is knowledgeable about both the law and semi-trucks themselves. When a trucking company is guilty of negligence, it may be able to avoid monetary penalties if you do not know how to prove your case. An experienced truck attorney can help you gather evidence that proves someone was negligent and will ensure you receive a fair settlement for your injuries.
Many people who have been seriously injured in semi-truck accidents are worried about how to pay for the costs incurred due to their injuries. The truck driver or trucking company may be liable, but it is up to you to prove that they were at fault and then collect on your settlement money. In addition, there are bills for healthcare services and lost wages that may need to be paid while you are unable to work. A trucking injury lawyer can help you explore all of your legal options and determine what the best course of action is for your situation.
What if I Live Out of State?
If you live outside the State of Wisconsin but you were injured as a result of being hit by a semi-truck in the state of Wisconsin, the claim and lawsuit will need to be handled by a licensed attorney in Wisconsin. This is not to say you can not use your attorney in a different state as it is to say they will need a licensed attorney in Wisconsin to handle the case or co-counsel.
Lein Law Offices offers co-counseling with attorneys around the country. We can also handle your personal injury case as long as that personal injury happened in the state of Wisconsin.
How Many Accident are Caused by Semi-Trucks in Wisconsin?
Wisconsin Department of Transportation Statistics (DOT) says a lot, on average there are 18 accidents a day involving a semi-truck, commercial truck, or tractor-trailers in the state.
Wisconsin Commercial Truck Accidents
Most semi-truck or Commercial Truck Accidents Which are caused by the truck driver are caused by the following:
- Human Error
- Over speeding / Over Taking
- Driver Fatigue
- Distracted Driving
- Driving Under the Influence
- Rear End Crashes
- Lack of Maintenance
- Brakes
- Truck’s Cargo not Secured
- Aggressive Driving
Insurance Companies and Semi-Truck Accidents in Wisconsin
Serious accidents involving trucks, commercial trucks, and trucking companies are preventable. Which means accident victims need an experienced truck accident lawyer to help them with their truck accident claim. A car accident or fender bender can be complex, but an accident involving a commercial truck can be even more complicated. Most trucking companies or commercial carriers are required to have the following:
- Insurance
- Emergency Response Plan
- Driver Logs
- Maintenance Logs
- Pre-Trip Inspection Reports
These requirements are set in place to protect both the people on the road and those who drive commercial trucks. When a trucking company does not have these things in place, it can cause accidents that may result in injury or death. A trucking accident attorney from Lein Law Offices can help you get the justice and compensation you deserve.
Truck Driver Negligence: If a truck driver is negligent and causes an accident with injuries, the owner of the truck is liable. The owner may be held responsible for damages you incurred from your injury due to their negligence. This type of claim requires evidence of the trucking companies negligence in order to receive compensation. Lein Law Offices can investigate the trucking companies to gather evidence that proves their negligence.
The Truck Company is Responsible if You are Hit by a Truck and Injured: Even if the driver of the truck was not negligent, if you were injured in an accident, the trucking company may be liable for your injuries. They will need to prove they had the appropriate insurance policy as well as proper safety measures to protect their drivers and others on the road. Our attorneys can help you prove that they were negligent or if any of these safeguards were not in place.
What If I’m Hit By a Truck but Not Injured?
If you are hit by a truck, even if you are uninjured, you can still be compensated for your damages. If you were in the area of the trucking company (truck yard) or if they had goods on a trailer that caused damage to your vehicle, you may be able to receive compensation. Our firm will prove that the trucking company was negligent and hold them accountable for any property damage or other damages you incurred.
How to Claim Damages From a Semi-Truck Accident in Wisconsin?
You may be able to file a claim for compensation if you were injured or your property has been damaged due to the negligence of another party. If you want to pursue this option, it is important that you understand the legal steps involved:
The semi-truck accident should be reported to the local police and Wisconsin Department of Transportation (DOT).
You will need medical treatment for your injuries. You must get a copy of all bills you have paid as well as receipts from other medical expenses.
Gather evidence that proves the trucking company broke any safety measures, was negligent, or broke any laws. Obtain the trucking company’s insurance information and vehicle information.
Contact a semi-truck accident attorney to review your case for free if you have been injured in a semi-truck accident in Wisconsin . You can reach us at 715-634-4273, or by using our contact form to make the first steps to filing a claim.
What is Trucking Negligence?
Trucking companies are liable for their drivers’ actions on the road, which means if a driver causes an accident, the trucking company may be responsible for your injuries. If the truck driver was negligent and broke any laws or put you in danger, the trucking company may be held responsible for any injuries you incurred in the accident. To prove their negligence, you will need to provide evidence that shows they were at fault. We can help gather all the evidence necessary to prove the accident was not your fault and hold them accountable.
If you are injured in a truck accident or due to a truck wreck, do not deal with it alone. You may have questions about your rights and how to proceed in court. If you need assistance with filing a claim and proving the accident was someone else’s fault, we can help. Contact our truck accident attorneys in Wisconsin and get a free consultation to discuss your truck accident case and start a personal injury claim.
How do Semi-Truck Accidents Differ from Regular Accidents?
Semi-truck accidents sometimes have more serious outcomes than personal injury cases involving cars or other small vehicles. The sheer size of a semi-truck can easily cause bigger problems when an accident occurs and may even result in death. Semi-trucks also often have some of the following for truck cargo:
- Hazardous Products
- Chemicals
- Hazardous Materials
- Oil and Fuel
How do I Find a Semi-Truck Accident Lawyer in Wisconsin?
Finding an experienced truck accident attorney can be difficult, but we make it easier. We have over 50 years of experience in personal injury law and are known for our excellent customer service, settlement negotiations, and high success rate. No matter what your situation is or how complex the case may be we will work with you every step of the way to get the best outcome possible.
If you have been in a truck accident as a passenger or another driver on the road may have been affected by negligent driving or reckless behavior from other motorists, then you should contact an attorney to discuss your legal options. At Lein Law Offices LLP, we have focused on making sure the victims of negligent truck drivers are treated fairly and receive a good settlement. To schedule an appointment call (715) 403-5045 or contact us.
Tell Us About Your Injury. We’re Here To Listen.
If you are injured in a semi-truck accident, our longtime Wisconsin commercial truck injury attorneys can help.
Contact Lein Law Offices for information about your personal injury in Wisconsin by calling 715-634-4273 .
Free consultations — Flexible office hours and appointments — In-home and hospital visits available
If you are the victim of a trucking accident, understanding who is responsible for your injuries can be complicated. There is often a web of players that could be liable, and figuring out who they are isn’t always easy.
If the driver for the company is considered an employee and not an independent contractor, then yes. You can sue a trucking company for the injuries you have suffered and recoup the costs of the accident, medical bills, loss of wages, and more.
Yes, all personal injury cases require skilled and knowledgeable representation. If you have been injured in accident involving a commercial vehicle, then it is in your best interested to retain a lawyer to protect your interests.
