Seeking justice after a truck crash caused by someone else’s negligence can be complicated and confusing. Figuring out whether you have a valid personal injury claim — and who to file it against — is trickier than most car accident cases. The experienced truck accident attorneys at LawtonCates can give you the answers you need. Our firm has a 70-year history of fighting for injured people in Wisconsin, and we can put that knowledge to work for you.
Below are the most frequently asked questions we hear from accident victims, including what to do after a truck accident, common causes of truck accidents, and how our lawyers can help you seek the compensation you deserve. Contact LawtonCates today to get answers to your questions in a free initial consultation.
What Steps Should You Take at a Truck Accident Scene?
Your actions immediately following a truck accident will be critical to safeguarding your well-being and protecting your claim. Follow these tips:
Call 911
Under Wisconsin law, you must report any accident involving injury, death, or over $1,000 in property damage to law enforcement. Calling 911 not only fulfills your legal obligation, but it also helps protect the safety of everyone in the area. It also summons first responders to the scene, and an officer will write an official accident report.
Seek Medical Treatment
Seek medical attention right away, even if you think you’re OK. Injuries can take days, weeks, or even months to become apparent. Your medical records will serve as key evidence and link your injuries to the truck accident.
Gather Evidence
Take photos and videos of the accident scene, showing vehicle damage, debris, traffic signals and signs, weather and road conditions, and any visible injuries. Collect the contact and insurance information of the truck driver and any other involved parties. Ask witnesses for their contact details.
Never Admit Fault
The full details of an accident are rarely clear immediately after a commercial truck accident. Apologizing or admitting fault may not only be inaccurate, but it can also be used against you if you pursue a truck accident lawsuit.
Should You Talk to the Truck Company’s Insurer After a Crash?
No. Avoid answering any questions from a truck company’s insurer until you’ve spoken with a personal injury attorney.
Every truck accident attorney in Wisconsin will tell you that the insurance company is not your friend — not even your own insurer. These companies will attempt to protect their profits by using tactics to weaken or deny your claim. For instance, they may offer a quick lowball settlement, request recorded statements, or ask you leading questions and use your responses against you.
Never admit fault, never accept a settlement offer, or agree to make a recorded statement without consulting a Wisconsin truck accident lawyer.
What Are Common Causes of Truck Accidents in Wisconsin?
Truck accidents can occur for various reasons, and liability could rest with multiple parties. Some of the most common causes of truck accidents include:
- Driver fatigue
- Distracted driving
- Impaired driving
- Speeding
- Inexperienced drivers
- Improperly loaded cargo
- Mechanical failures
When inadequate training or improperly loaded cargo causes the accident, liability may extend to the trucking or cargo loading company. A skilled truck accident lawyer will investigate the crash thoroughly to determine the responsible party(s).
What Evidence Can Prove Fault in Truck Accident Cases?
Proving liability is a key part of any successful truck accident lawsuit. It requires clear and convincing evidence to show who was at fault. To build this case, your truck accident lawyer will likely collect:
- Police reports
- Witness statements
- Surveillance or dashcam footage
- Data from electronic logging devices (ELDs)
- Truck driver logs
- Truck maintenance and inspection records
- Black box (event data recorder) information
- Testimony from accident reconstruction or industry experts
In addition to proving fault, your lawyer must also demonstrate the full extent of your injuries and losses. This typically involves gathering:
- Medical records and bills
- Proof of lost income or earning capacity
- Opinions from medical and financial experts to explain the long-term impact of your injuries
Together, this evidence forms the foundation of your truck accident case.
What Happens If You’re Partially Responsible for a Truck Crash?
Not every truck accident is one person’s fault. You can still seek compensation even if the other party is not entirely to blame. Wisconsin operates under a comparative negligence system. If you’re 50 percent at fault or less, you may still be entitled to compensation for your injuries. However, that compensation will be reduced in proportion to your percentage of fault.
What Is the Deadline for Filing a Truck Accident Lawsuit in Wisconsin?
Wisconsin law gives you three years from the date of a crash to file a truck accident lawsuit. However, the law is different if the crash results in a fatality. In these cases, the truck accident victim’s estate must file a wrongful death claim within two years of the date of death.
Acting quickly is essential in personal injury cases. The rules governing truck accident claims typically are a mixture of Wisconsin law and strict federal regulations. The sooner an attorney gets involved, the more time they have to build a compelling case. Furthermore, timely action can prevent valuable evidence from deteriorating, being destroyed, or being altered. You also want to collect witness testimony before their memories fade. Contact a lawyer as soon as you’re capable.
Do I Need a Truck Accident Lawyer?
Accidents involving commercial trucks are prone to challenges from the insurance company. For this reason, it’s highly recommended to work with a lawyer. Going up against big trucking companies and their high-powered defense lawyers can be intimidating, and you deserve to have a competent advocate going head-to-head against them. Your attorney can help you by:
- Establishing liability – Figuring out who’s responsible for a semi-truck accident can be difficult when more than one party may be at fault. Your lawyer will investigate to determine if the driver, trucking company, maintenance crew, vehicle manufacturer, or others were involved so that all responsible parties are held accountable.
- Gathering evidence – Truck accidents involve uniquely complex types of evidence, including electronic data, driver logs, and maintenance records. An experienced lawyer and industry-leading experts can obtain and interpret this evidence when building your case.
- Negotiating with insurers – When insurance companies see you hired reputable truck accident lawyers, they know they’ve got a fight on their hands. They’ll also realize that weak attempts to attack your claim won’t work as well against attorneys who understand their strategies.
- Representing you in court – Trial is an option if insurers refuse to make a fair truck accident settlement. If your claim goes to court, a proven trial attorney will aggressively advocate for a fair verdict on your behalf.
Contact a Truck Accident Attorney in Wisconsin
Truck accident injuries can be devastating. If you or a loved one sustained severe injuries in a crash that is someone else’s fault, just compensation can include money for medical bills, lost wages, pain and suffering, and more. LawtonCates is an established Wisconsin law firm with a proven track record of securing top-dollar verdicts and settlements for injured individuals. Let us pursue results that can make a difference in your life. Call or contact us today for a free consultation with a trusted truck accident attorney.