Wisconsin Truck
Accident Lawyer

Wisconsin Truck Accident Attorney

Big rigs and other large trucks are essential links in the national economy. They are also some of the most dangerous vehicles on the road. Any collision with a semi, tractor-trailer, cement truck, or fuel truck can result in serious bodily injuries, property damage, and pain. It is no exaggeration to say that many victims’ lives are never the same.

Fitzpatrick, Skemp & Butler, LLC, is an experienced law firm dedicated to helping those injured in truck accidents. If you reach out to us, we can begin reviewing your case in a free consultation. Wisconsin law gives many people the right to bring a legal claim against a truck driver, trucking company, or other entity for financial compensation. Our Wisconsin truck accident attorney can explain more when we meet.

Why Accidents Involving Large Trucks Require Specialized Legal Help

Accidents involving large trucks differ greatly from typical car accidents. Commercial truck accidents often involve multiple defendants, including the driver, the trucking company, and even the manufacturer of defective truck parts. An experienced truck accident lawyer understands how to investigate these complex cases and identify all liable parties.

Our truck accident law firm has handled numerous truck accident cases throughout Wisconsin. We understand that truck accidents resulting from driver negligence or company oversight can leave families struggling with medical expenses and mounting bills. That’s why we fight to hold negligent parties accountable for their actions.

Truck Accident Cases Are Unique

Anyone injured in a crash should hire a lawyer with experience in Wisconsin truck accidents. This is a unique area of law. The industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which sets many federal regulations for the industry, including:

• Maximum hours (called “hours of service”)
• Requirements regarding drug testing after accidents
• Physical exam requirements for truck drivers

The Administration also has the power to suspend someone’s ability to haul across state lines for various reasons, such as multiple drunk driving arrests. Because the administration is so powerful, it is the regular focus of intense industry lobbying.

FMCSA safety regulations come into play in many truck accident cases. Your Wisconsin truck accident injury lawyer should always stay up to date on changes to any regulation and fully grasp how they impact your legal right to financial recovery. Federal regulations also govern truck maintenance schedules, driver logs, and the transport of hazardous materials.

What Causes Most Truck Accidents in Wisconsin?

Many studies have shown that most truck accidents are caused by:

• Speeding
• Aggressive driving
• Driver fatigue
• Chemical impairment
• Failure to observe surroundings
• Cell phone use while driving
• Illegal lane changes
• Brake failure
• Tailgating
• Overloading a truck
• Blown tires

Driver fatigue remains one of the leading causes of semi-truck accidents. When truck drivers push beyond their limits, or companies fail to follow hours-of-service rules, the results can be deadly. Distracted driving, including texting while operating a commercial truck, also contributes to many preventable crashes. When a truck crash happens due to these factors, victims deserve full compensation.

Assigning Fault for Your Wisconsin Truck Accident

Truck accidents happen so quickly that it’s often a mystery what happened. Many people wake up in the hospital only to find out their car was totaled in a wreck. One reason to hire a truck accidents lawyer in Wisconsin is to obtain assistance in finding out the cause of the crash.

In our state, you can seek compensation from a person or business that is responsible for the accident (called being “at fault”). We end up suing the following for most wrecks:

• Truckers—negligent truckers drive too fast, make illegal maneuvers, or else they crash due to fatigue or chemical impairments.
• Truck driver’s employer—in Wisconsin, an employer is automatically liable in most cases when one of their employees hurts someone negligently.
• Truck owner—a dangerous truck shouldn’t be put on the road, and the truck’s owner could have liability when the defect leads to the crash.
• Loading companies—the owner of the freight often loads it onto the truck, and they should secure it properly. When they don’t, they might be liable for an accident.
• Mechanics—any mechanic who fails to identify a defect or fixes it improperly could have liability for the crash.

Contact a Wisconsin truck accident attorney at our firm as soon as you can. The trucking company will usually send an investigator to the crash site within an hour or two to begin collecting everything relevant about the wreck. You deserve someone who can collect evidence for you. Our team knows how to handle insurance adjusters and works toward holding negligent parties accountable.

Serious Truck Accident Injuries

Truck accidents cause devastating bodily injuries. These trucks usually weigh several tons and will leave victims with disabling conditions, including:

• Multiple fractures
• Burn injuries
• Back injuries
• Traumatic brain injuries
• Organ damage
• Chest injuries
• Spinal cord injuries
• Paralysis
• Amputation
• Crush injuries

Catastrophic injuries from truck collisions often result in life-altering injuries that affect every aspect of daily living. Traumatic brain injuries can cause memory problems and personality changes. Spinal cord damage may lead to permanent paralysis. Even broken bones can require multiple surgeries and months of recovery. Such injuries demand substantial compensation to cover a lifetime of care.

Can You Seek Compensation?

We have found that our clients struggle with huge out-of-pocket expenses, as well as less tangible losses. Our goal is to make sure you receive fair treatment and as much financial compensation as possible.

Medical Bills. After the wreck, you probably need all kinds of medical care:

• Surgery
• Pain relief and prescription drugs
• Casts for broken bones
• Doctor appointments
• X-rays and other diagnostic tests
• Ambulance transportation
• Rehabilitation

We can seek compensation to cover all past, present, and future medical care to treat injuries caused by the truck collision.

Lost Wages. Painful bodily injuries keep most people out of work, at least for a few weeks. You should receive money to make up for any economic loss, like lost wages, lost income, and loss of gig or part-time income.

Property Damage. A big truck like a semi will crush a smaller vehicle, like a passenger sedan. You should seek compensation to have your car repaired or replaced. Car repair costs have increased recently, so we focus on getting as much compensation as possible to fix damaged property. This includes your vehicle and any other personal property damaged in the crash.

Pain and Suffering. Any settlement for a truck accident should include compensation for pain and emotional distress. Truck accidents often force people to stay home for months, unable to socialize with friends or family, with disrupted sleep patterns. Our Wisconsin truck accident injury lawyers strive to obtain meaningful compensation for your suffering. We understand the physical pain and emotional trauma that follow severe injuries.

Steps to Take After a Crash

We recommend that anyone involved in a crash take the following steps, if at all possible:

• Call the police after the crash. An officer will perform an important investigatory role. They can identify witnesses and speak to the trucker. You should also get a police report about the crash.
• Swap information. If you aren’t crippled with pain, you should swap personal and insurance information with the truck driver.
• Note anything unusual about the trucker. A drunk, high, or fatigued trucker will behave strangely. For example, his eyes might be red rimmed, or he yawns uncontrollably. These facts matter for your case, so make sure to tell your lawyer later.
• Talk to witnesses and ask for a phone number. They can provide critical evidence about how the accident occurred.
• Photograph the accident scene. Our truck accident lawyers in Wisconsin find it helpful to actually visualize the accident. If you can move around, use your phone to photograph all the vehicles and the accident scene.
• Never give a recorded statement to an insurer. You should hold off until you hire a lawyer of your own.
• Do not accept a settlement without first securing a lawyer’s services. We can look to see if the settlement is fair.

The moments after a truck wreck can be chaotic and frightening. Accident victims often don’t realize the full extent of their injuries immediately. Getting medical attention right away protects both your health and your truck accident claim.

Why You Deserve a Lawyer

Truck accidents are more complex than any other motor vehicle accident. The trucking companies aggressively defend themselves against all insurance claims, and they hire large teams of investigators to work for them. This company will have a tremendous amount of information at its disposal.

You need help uncovering useful evidence for your claim. For example, we can seek to use evidence in the possession of the trucking company. They should have travel logs, electronic data, medical records, and drug tests, which might prove useful in a personal injury claim. They also could have failed to perform necessary background checks before hiring a trucker, a practice known as negligent hiring.

We can also submit questions to the trucking company, loading company, trucker, and other parties to answer. These questions help us pin down who is to blame for the crash. Once we have that information, we can negotiate a fair settlement with the correct defendants. Our personal injury attorneys understand the legal process and work to recover damages for all your losses.

Some trucking companies will defend a case all the way to trial. Our lawyers are familiar with courtrooms in Wisconsin. We will jump in and fight to prove you are not to blame for your own accident. Whether through settlement negotiations or a personal injury lawsuit, we pursue the best outcome for your truck accident injury claim.

Understanding Common Types of Truck Accidents

The trucking industry sees various types of crashes, each with unique dangers. Jackknife accidents happen when a tractor-trailer folds in on itself, often blocking multiple lanes of traffic. These accidents typically happen when a driver brakes too hard or loses control on slippery roads. Semi-truck accidents involving jackknifing can trap other vehicles and cause massive pileups.

Truck wrecks also happen during lane changes when a semi-truck driver fails to check blind spots. Large trucks need extra space to maneuver, and when they cross multiple lanes without proper caution, smaller cars can be pushed off the road or crushed. Understanding how these accidents occur helps our truck accident lawyers build stronger cases by proving negligence.

Comparative Negligence

Trucking companies routinely blame motorists for contributing to an accident. Many legal defenses rest on blaming injured victims for tailgating, cutting off a truck, or lingering in a blind spot. In other cases, they might even blame you for driving while distracted, such as using a cell phone.

Wisconsin Statutes § 895.045 is the state’s comparative negligence law. It states you can receive compensation if you are 50% or less responsible for the crash. If you are more at fault—say 51% or more—then you will not be able to recover any financial compensation.

Further, your compensation is reduced by your percentage of fault. As an example, someone who is 40% at fault will not receive 40% of their damages. This can make a big difference in a case, and our law firm makes sure to argue that your own fault, if any, was trivial. Insurance companies often try to shift blame onto accident victims, but our injury lawyers fight back against these tactics to protect your injury claim.

Call Us Before the Deadline

Any accident victim in Wisconsin needs to file a lawsuit in a timely manner. The statute of limitations, Wisc. Stat. § 893.54 gives you three years to file a suit. If you happen to go over this deadline, then you can lose the ability to sue entirely. That will mean no compensation from the defendant for your injuries—even if they were 100% at fault for the crash.

Fitzpatrick, Skemp & Butler, LLC, stays on top of all upcoming deadlines because we understand the importance of the statute of limitations. We ensure your case is filed in the correct court before any deadline to protect your rights. Don’t wait to start your truck accident lawsuit. The sooner you contact our Wisconsin truck accident lawyer, the better we can preserve evidence and build your case.

Frequently Asked Questions About Wisconsin Truck Accidents

Q. How much does it cost to hire a Wisconsin truck accident attorney?

A. Most personal injury law firms, including ours, work on a contingency fee basis for truck accident cases. This means you pay nothing upfront. We only collect a fee if we win your case and recover compensation for you. This arrangement allows accident victims to get quality legal help without worrying about hourly rates or retainer fees. Your free consultation comes with no obligation, and we’ll explain all costs clearly before you decide to hire us.

Q. What is the average settlement for a truck accident claim in Wisconsin?

A. Settlement amounts vary widely based on the serious injuries involved, medical bills, lost income, and other factors. Cases involving catastrophic injuries like traumatic brain injuries or spinal cord damage typically result in higher settlements than minor injury cases. Our experienced attorneys evaluate each case individually during your free case evaluation. We consider your current and future medical expenses, the impact on your ability to work, and compensation for pain and suffering to determine fair compensation.

Q. How long do I have to file a truck accident lawsuit in Wisconsin?

A. Wisconsin law gives you three years from the date of the accident to file a personal injury lawsuit. While three years may seem like a long time, evidence can disappear, witnesses can forget details, and trucking companies may destroy records after a certain period. Starting your truck accident claim early gives our accident lawyers the best chance to gather strong evidence. Contact our firm soon after your truck crash to protect your rights.

Q. Can I still recover damages if I was partially at fault for the truck collision?

A. Yes, Wisconsin follows a modified comparative negligence rule. You can still recover compensation if you were 50% or less at fault for the accident. However, your settlement will be reduced by your percentage of fault. For instance, if you were 20% at fault and your damages total $100,000, you would receive $80,000. Our truck accident attorney works hard to minimize any fault attributed to you and maximize your recovery against the negligent parties.

Q. What should I do if the trucking company’s insurance company contacts me?

A. Insurance companies often contact accident victims quickly, hoping to get a recorded statement or offer a low settlement before you hire an attorney. Do not give a recorded statement or accept any settlement offer without first speaking to a Wisconsin truck accident lawyer. Insurance adjusters work for the company, not for you. They may use your words against you to deny or reduce your claim. Let our personal injury attorney handle all communications with the insurance company to protect your interests.

Q. What evidence is needed to prove a truck accident injury claim?

A. Building a strong injury claim requires different types of evidence. Police reports document the accident scene and initial findings. Medical records show the extent of your injuries and treatment. Photos of the crash site, vehicle damage, and your injuries provide visual proof. Driver logs, maintenance records, and black box data from the commercial truck can reveal violations of federal regulations or safety regulations. Witness statements from people who saw the accident occur add credibility to your version of events. Our truck accident law firm knows how to obtain and use all this evidence effectively.

Q. Who can be held responsible in a truck accident case?

A. Many parties might share responsibility for a truck wreck. The truck driver can be liable for reckless driving, driver fatigue, or distracted driving. The trucking company might be responsible for poor training, failure to properly vet drivers, or pushing drivers to violate hours-of-service rules. Manufacturers of defective truck parts can be sued when faulty brakes or tires cause crashes. Loading companies that improperly secure cargo share blame when shifting loads leads to accidents. Even maintenance companies that provide inadequate truck maintenance can be liable parties. Our personal injury law team investigates thoroughly to identify all responsible parties and pursue fair compensation from each.

Speak with a Truck Accidents Lawyer in Wisconsin for Free!

Our firm is available if you reach out by phone or online. We offer free, no-risk consultations to anyone hurt in a truck collision. During your free consultation, our Wisconsin truck accident attorney will review your case, explain your legal options, and answer your questions about the legal process. You deserve experienced attorneys who understand personal injury law and fight for the fair compensation you need to move forward with your life.

Don’t face other drivers, insurance companies, and large corporations alone. Our truck accident attorneys have the knowledge and resources to take on even the biggest trucking companies. Whether you suffered severe injuries in a car accident or a truck crash, we’re here to help you seek compensation and hold those responsible accountable. Contact us today for your free case evaluation.