Commercial truck accidents are among the most devastating collisions on Wisconsin roadways. When an 80,000-pound semi-truck collides with a passenger vehicle weighing around 4,000 pounds, the results are often catastrophic. Victims frequently suffer severe injuries requiring extensive medical treatment, prolonged recovery periods, and sometimes resulting in permanent disability or death.
If you or a loved one has been injured in a truck accident in Wisconsin, you may wonder what your case is worth. While no two truck accident cases are identical, understanding the factors that influence settlement values can help you evaluate whether an insurance company’s offer is fair or whether you should pursue additional compensation with the help of an experienced attorney.
Factors That Determine the Value of a Truck Accident Settlement
Several key factors influence the potential value of your truck accident settlement:
Severity of Injuries and Long-Term Prognosis
The extent and permanence of your injuries play a significant role in determining compensation. More severe injuries that require extensive medical treatment, result in permanent disability, or cause disfigurement typically warrant higher settlements. Common serious injuries in truck accidents include traumatic brain injuries, spinal cord injuries, multiple fractures, internal organ damage, severe burns, and amputations.
Your long-term prognosis is equally important. If your injuries will require ongoing medical care, rehabilitation, or assistive devices, or if they will permanently impact your ability to work or enjoy life, your settlement should account for these future needs and limitations.
Medical Expenses (Current and Future)
All medical expenses related to your truck accident injuries should be included in your settlement calculation. This includes emergency medical treatment, hospital stays, surgeries, medications, physical therapy, rehabilitation, mental health counseling, future medical procedures, and long-term care needs.
An experienced truck accident attorney will work with medical experts to project your future medical needs and ensure these costs are factored into your settlement demand.
Lost Wages and Diminished Earning Capacity
If your injuries have caused you to miss work, you’re entitled to compensation for those lost wages. Additionally, if your injuries will impact your ability to earn income in the future—whether by forcing you to work fewer hours, take a lower-paying position, or preventing you from working altogether—your settlement should include compensation for this diminished earning capacity.
Pain and Suffering
Beyond economic damages, truck accident victims are entitled to compensation for physical pain and emotional suffering. While more subjective than medical bills or lost wages, pain and suffering damages often make up a significant portion of truck accident settlements.
Recent Wisconsin Truck Accident Settlement Examples
While every case is unique, looking at recent settlements provides context for what truck accident cases may be worth in Wisconsin:
Case 1: A 42-year-old driver suffered multiple fractures, internal injuries, and a traumatic brain injury when a semi-truck ran a red light. The case resulted in a substantial settlement that covered ongoing medical care and the victim’s inability to return to his previous occupation.
Case 2: A family of four was involved in a collision with a commercial truck on I-94. The mother suffered spinal injuries requiring surgery, the father had multiple fractures, and both children had minor injuries. Their case resulted in significant compensation.
Case 3: A 35-year-old motorcyclist was killed when a semi-truck made an improper lane change. The wrongful death claim brought by his family resulted in a considerable settlement.
Why Truck Accident Settlements Are Typically Higher
Truck accident settlements tend to be significantly higher than those involving only passenger vehicles for several reasons:
More Severe Injuries
The size and weight disparity between commercial trucks and passenger vehicles means injuries in truck accidents are often more severe, resulting in higher medical expenses, longer recovery periods, and greater pain and suffering.
Higher Insurance Policy Limits
Federal regulations require commercial trucks to carry substantially higher insurance coverage than the minimum required for passenger vehicles. Interstate commercial trucks must maintain liability coverage well above typical passenger vehicle requirements, and those carrying hazardous materials may be required to carry even more substantial coverage.
Multiple Liable Parties
Truck accident cases often involve multiple potentially liable parties, each with their own insurance coverage:
Truck Driver: May be liable for negligent actions such as speeding, hours-of-service violations, distracted driving, or driving under the influence.
Trucking Company: May be liable for negligent hiring, inadequate training, encouraging hours-of-service violations, or inadequate vehicle maintenance.
Vehicle Manufacturer: If a defective part contributed to the accident, the manufacturer may be liable.
Maintenance Contractor: Third-party companies responsible for maintaining the truck may be liable if improper maintenance contributed to the accident.
Cargo Loading Company: Improperly loaded or secured cargo can cause trucks to jackknife or roll over. The company responsible for loading may be partially liable.
How Insurance Companies Try to Minimize Settlements
Insurance companies representing trucking companies are sophisticated entities with teams of adjusters and attorneys whose primary goal is to minimize payouts. Common tactics include making quick settlement offers before you understand the full extent of your injuries, disputing liability by arguing you were partially responsible, downplaying your injuries or claiming they were pre-existing, conducting surveillance hoping to catch you engaging in activities that contradict your claimed injuries, and deliberately dragging out the claims process, hoping you’ll become financially desperate.
The Importance of Experienced Legal Representation
Given the complexity of truck accident cases and the aggressive tactics used by insurance companies, having experienced legal representation is crucial to maximizing your settlement. An attorney specializing in truck accidents will:
•Conduct a thorough investigation of the accident
•Identify all potentially liable parties
•Work with accident reconstruction experts to establish liability
•Consult with medical experts to document the full extent of your injuries
•Calculate the true value of your claim, including future damages
•Handle all communications with insurance companies
•Negotiate aggressively on your behalf
Call Our Wisconsin Truck Accident Lawyer Today!
Truck accident settlements in Wisconsin can range from substantial to significant amounts, depending on the specific circumstances of your case. Understanding the factors that influence settlement values can help you evaluate whether an insurance company’s offer is fair.
At Fitzpatrick, Skemp & Butler, LLC, our experienced truck accident attorneys have a proven track record of securing favorable settlements for victims throughout Wisconsin. We understand the complex regulations governing the trucking industry and how to leverage this knowledge to build strong cases for our clients.
If you’ve been injured in a truck accident, contact us today for a free consultation.