Truck Accidents Lawyer in Wisconsin

Did you recently sustain injuries in a truck accident in Wisconsin? Are you feeling overwhelmed as you try to keep up with unanticipated medical appointments and bills? If so, you should know that you could be entitled to monetary compensation for the harm you have suffered. The Wisconsin truck accident attorneys at LawtonCates can help you demand the money you deserve.

For more than 65 years, we at LawtonCates have been standing up for people hurt in accidents caused by others. We work hard to hold responsible parties accountable and get you the money you need for your recovery. Our attorneys will listen to your story and fight for your rights. You don’t have to worry about dealing with insurance companies or paperwork. We’ll do all that for you so you can focus on healing.

To request a free case evaluation, call (608) 456-8399 or contact us online to speak with a Truck accident lawyer near you. 

Why You Should Hire an Attorney for Your Truck Accident Claim in Wisconsin

Having a lawyer by your side can be a game-changer if you get hurt in a truck accident. They do more than just give you legal advice. They take action to help you through every step of your claim.

A truck accident lawyer in Wisconsin can assist you in your case by:

• Assessing the full value of your truck accident injury claim
• Gathering evidence from the accident scene
• Interviewing witnesses who saw the accident
• Consulting medical professionals about your injuries
• Calculating your lost wages and future lost income
• Analyzing the truck driver’s driving record
• Investigating the trucking company’s safety record
• Filing all necessary claim paperwork on time
• Negotiating with insurance companies for a fair settlement
• Protecting you from unfair tactics by insurance companies
• Advising you on whether or not to accept a settlement offer
• Preparing and filing a lawsuit on your behalf if necessary
• Representing you in court if your case goes to trial
• Protecting your rights throughout the legal process

Remember, the trucking company and insurer started investigating the case the day it happened. If you suffered severe injuries, you may be days or weeks behind them when it comes to evidence collection, contacting witnesses, and making initial determinations of fault.

That doesn’t mean it’s too late — but taking swift action is important. Hiring an experienced truck accident lawyer in Wisconsin helps level the playing field. From the moment you hire an attorney, they can communicate with the insurance company, launch an independent investigation, and develop a strong legal strategy to combat any disputes.

Federal & State Regulations for Commercial Trucks

Recognizing that large trucks present a serious hazard on the road, the trucking industry is heavily regulated by state and federal laws.

The Federal Motor Carrier Safety Administration (FMCSA) sets standards that govern nearly every aspect of commercial motor vehicle operations. These rules cover things like:

• Commercial driver licensing (CDL) – Mandated training and testing requirements designed to prepare truck drivers for the unique demands and responsibilities of operating large commercial vehicles
• Hours of service – How long a truck driver can remain on the road before resting
• Cargo securement – Rules for stowing and restraining cargo to prevent accidents and cargo spills
• Drug and alcohol testing – Required pre-hiring, random, post-accident, and reasonable suspicion testing to help determine whether intoxication may have caused a truck crash
• Vehicle inspection and maintenance – Routine inspections and repairs to keep trucks at peak performance
• Cell phone use – Prohibits truck drivers from using mobile phones and texting while driving
• Hazardous materials (HazMat) – Requires endorsement on a driver’s CDL, placarding of the class and type of materials transported, and a safety plan for if spills occur, along with other precautions

Wisconsin incorporates many of FMCSA’s standards in its own trucking laws, including those related to driver licensing, hours of service, drug and alcohol testing, and rules for truck inspection and maintenance. Other trucking statutes are specific to the state, including:

• Weight and load restrictions – Truck weight limits are determined by how much weight each axle or group of axles can safely carry. These limits vary depending on the type and classification of the roadway. In Wisconsin, certain highways are classified as Class A or Class B roads, with Class B roads typically having lower weight limits than Class A — usually around 60 percent of the weight allowed on Class A highways.
• Intrastate operations – Trucks that only operate within state lines must meet insurance and safety rules set by the Wisconsin Department of Transportation.
• Hazardous materials – Rules mostly follow federal standards, but intrastate carriers must comply with most of the same rules for transporting hazmat materials as interstate ones

What to Do After a Truck Accident in Wisconsin

It’s natural to feel overwhelmed and uncertain in the aftermath of a truck accident, but there are simple steps you can take to protect your well-being and your legal rights. Here’s what you should do:

• Notify your insurance company about the accident.
• See a doctor as soon as possible, even if you feel OK.
• Follow all medical advice and keep records of your treatments.
• Write down a detailed account of the accident while your memory is fresh.
• Keep a journal documenting your symptoms and recovery progress.
• Save all medical bills and receipts related to your injury.
• Avoid discussing the accident details on social media.
• Contact a commercial truck accident attorney from LawtonCates as soon as possible.
• Do not sign any documents without consulting the attorney handling your truck accident claim.
• Do not admit fault or make statements that could be used against you.

How Come Trucking Accidents Are More Complicated Than Other Motor Vehicle Collisions?

Trucking accident cases are more complex and difficult than other motor vehicle accident cases for several reasons. First, trucks are much larger and heavier than cars, so truck accidents can cause more serious injuries and damage. This means there’s often more at stake in compensation claims.

Second, truck drivers must follow specific federal and state rules that don’t apply to most other drivers. These rules cover things like how long they can drive without taking a break and how they must maintain their vehicles. Understanding these regulations is essential in proving that a truck driver or trucking company was at fault.

Third, multiple parties can share responsibility for a truck accident. Besides the driver, the trucking company, the vehicle manufacturer, and even the company responsible for loading the truck might share in the blame. Figuring out who is liable requires rigorous investigation.

Lastly, insurance coverage for trucks is usually much more complex than it is for cars, involving higher policy limits and more detailed policies. This can make negotiations and settlements more challenging to navigate without legal help.

Liability in Truck Accidents: Trucking Company, Driver, or Manufacturer?

Identifying who is responsible for a truck crash can be complicated. Because the trucking industry involves multiple players, there could also be multiple defendants in your case, including:

• Truck driver – If the truck driver’s negligence— such as driving drunk, speeding, or failing to inspect the commercial vehicle — causes the crash, they could be personally liable.
• Truck company – The trucking company could be at fault if negligent hiring, background checks, truck maintenance, or supervision plays a role in a tractor-trailer collision. A trucking company may also bear vicarious liability if the trucker was performing job-related duties when the accident occurred.
• Manufacturer – Truck accidents resulting from the failure of a part or component could mean the manufacturer is to blame.

In some cases, one or all of these parties could share fault for a single accident. Determining every defendant improves your chances of recovering fair compensation because more insurance coverage may be available to cover your losses. For this reason, it’s essential to consult a truck accident lawyer in Wisconsin for help establishing liability and pursuing all available avenues for financial recovery.