Milwaukee Truck Accident Attorney
Truck drivers who drive large, heavy vehicles are expected to follow strict laws and regulations to prevent accidents. However, no matter how careful you may be when you are out on the road, it is nearly impossible to completely prevent an accident from occurring.
If you were involved in a trucking accident that left you injured, know that our Milwaukee truck accident lawyer is ready to fight for you. At Mingo & Yankala, S.C., we have been in practice for more than 35 years and have dedicated our practice to helping victims of serious injuries.
Reach out to our firm now at (414) 273-7400 to make an appointment.
Truck Accident Resources
- Why Choose Our Truck Accident Lawyers
- Liability in Trucking Accidents
- How a Truck Attorney Can Help You
- Recovering Damages For Your Injuries
- What Causes Truck Accidents?
- Common Types of Truck Accidents
- Evidence Used in Truck Accident Cases
- Contact Us For a Free Consultation
Why Choose Mingo & Yankala, S.C. for Your Truck Accident Attorney?
The truck accident lawyer that you choose to represent you can have a significant impact on the outcome of your case, especially in complex truck accident claims. At Mingo and Yankala, S.C., we have handled over 1,000 personal injury cases, including those involving clients injured in collisions with cars and large commercial trucks.
Some of the reasons you should consider hiring Mingo & Yankala, S.C. to help with your truck accident claim include:
- We have experience handling truck accident cases and understand the issues involved and the evidence required for them to be resolved successfully.
- We handle all cases on a contingency fee basis, meaning we never charge a fee unless we win.
- Mark Mingo is a trial attorney. He will not hesitate to take your case to trial if a trucking industry insurance company refuses to treat you fairly.
- We provide dedicated, personalized service. We return all calls promptly and answer your questions in clear language.
- A partner at our firm will handle your case, not a junior associate or paralegal.
- Mark Mingo is an award-winning personal injury lawyer who is ranked by judges and lawyers as one of the top Wisconsin truck attorneys in his field.
The unfortunate fact is that not every law firm is equipped to handle these cases. Truck accidents involve complexities stemming from the rules and regulations set by the Federal Motor Carrier Safety Administration (FMCSA), such as hours in service and special training requirements. They often involve serious, catastrophic injuries. Your Milwaukee truck accident attorney must understand both the medical issues and the law involved.
Two of the most important roles that an attorney has in these types of cases include protecting and uncovering critical evidence and accurately calculating your damages to cover all of the losses that you have incurred as a result of the crash.
Who Can Be Held Liable in a Trucking Accident?
One of the reasons why truck accident cases are so much more complex than other types of motor vehicle accident cases is because there may be many parties involved in a single accident. The trucking industry consists of many different parties, each of whom may play a part in an accident. These parties often try to shift blame to each other in order to avoid the considerable liability that follows a serious truck accident.
A Milwaukee truck accident attorney can investigate your accident and determine if one or more of the following parties may be responsible for your accident:
- Truck driver – The first party you may turn to for accountability is the truck driver. Many truck drivers push themselves beyond normal limits to make deliveries as fast as possible. This can result in drivers who are tired, speeding, or impaired on the road for hours on end.
- Trucking company – The trucking company is usually responsible for the actions of its drivers, whether the truck driver is an employee or independent contractor. It may also contribute to an accident due to negligent hiring, supervision, or retention. It may have failed to take corrective action against an unsafe driver or to administer drug or alcohol testing. The trucking company is also responsible for ensuring its trucks are safe to operate.
- Truck owner – In some situations, the truck driver uses a truck owned by an entity other than the employer. In these situations, the truck’s owner may be responsible for maintaining the truck and could be liable if a mechanical failure contributed to the accident.
- Truck maintenance company – Sometimes, trucking companies will outsource maintenance to a third party. This entity is then responsible for properly maintaining the fleet. If a mechanical failure contributes to an accident, this company may be to blame.
- Cargo loader – A separate company may be responsible for safely loading and securing the cargo. If cargo shifts or falls off during transit, the cargo loading company may be responsible for resulting injuries.
- Truck or parts manufacturer – In truck accidents caused by a defective automotive component, the manufacturer of the truck or part may be responsible for the accident.
How Our Knowledgeable Milwaukee Truck Accident Lawyer Can Help You
If you were injured in a truck accident, the last thing you should have to worry about is an insurance claim. Insurance adjusters work for insurance companies. Trucking companies and their insurance companies have experienced lawyers working for them. We don’t just level the playing field for our injured clients. Our experience allows us to tip the injury claim process in favor of our clients and away from the insurance company.
Truck accident attorneys can be your advocates when you need it most. If you hire Mingo & Yankala, S.C., you can count on us to:
- Explain your legal rights and options during a free case review
- Thoroughly investigate the cause of the accident and identify all at-fault parties
- Promptly gather evidence to prevent it from being lost or destroyed and preserve evidence that can support your claim
- Work with your medical providers to understand the nature of your injuries and their lifelong impact on your life
- Accurately calculate the full extent of your damages so that we know the type of compensation to demand on your behalf
- Aggressively negotiate for maximum compensation for every element of your damages
- Answer any questions you have as your case progresses and make recommendations on whether or not you should accept a settlement
- Represent you in legal proceedings if this is determined to be the best method to recover maximum compensation on your behalf
Let us put our years of experience to use to help you recover the compensation you deserve.
What Damages Are Available in Truck Accident Cases?
In personal injury cases, damages refer to the losses that an injured person incurs. While damages typically include tangible losses such as medical bills, they also cover less obvious losses such as pain and suffering and loss of companionship.
The most common damages awarded to our clients involve, but are not limited to:
- Full compensation for past and future medical expenses, including surgery and medical treatment, inpatient and outpatient care, physical and occupational therapy, prescriptions and medical equipment.
- Lost wages if you are unable to work
- Loss of future income and earning capacity. In cases of catastrophic injuries, a truck accident victim may be permanently disabled. Loss of potential income relies heavily on the injury victim’s education, training, and experience.
- Pain and suffering damages. Pain and suffering are considered non-economic damages, meaning they cannot be easily assigned a dollar value. They include the physical pain caused by the injury itself as well as the physical pain and discomfort experienced while recovering, including painful diagnostic testing and therapeutic treatments.
- Emotional distress. Emotional distress damages are challenging. Usually, they are calculated using evidence of clinical depression, an anxiety disorder, or post-traumatic stress.
- Loss of enjoyment of life. Loss of enjoyment of life damages refers to the diminished ability of an injured person to participate in activities they formerly enjoyed.
Our experienced Milwaukee truck accident lawyer can give you a better idea about the potential value of your claim when you contact us for a free case review.
Common Causes of Truck Accidents
Truck accidents can be caused by a wide range of factors, from driving under the influence of alcohol to breaking regulations on driving restrictions. Both the driver and the trucking company may be held responsible, depending on the circumstances of the collision. We are here to thoroughly investigate the details of your accident and use the information we find to build a case on your behalf.
The most common causes of truck accidents include:
- Driving under the influence of alcohol or drugs
- Driving while under rested or without sufficient rest
- Driving without taking proper rest breaks
- Driving too many hours in one day
- Driving an overloaded or improperly loaded truck
- Driving an improperly maintained truck
- Mechanical failures
- Inexperienced drivers or lack of training
Types of Commercial Truck Accidents
Any collision involving a large commercial truck can have catastrophic results. A fully loaded truck can weigh upwards of 80,000 pounds. Even vehicles considered to be ‘light trucks or medium trucks’ are considerably heavier than passenger typical passenger vehicles.
Common commercial vehicle accidents include:
- Jackknife accidents – A jackknife accident occurs when the truck’s cab and trailer form a 90-degree angle, usually because the trailer skids on the roadway after a sudden maneuver. These accidents can cause destruction in their wake as a large machine comes barreling down the roadway toward unsuspecting motorists.
- 18-wheeler accidents – 18-wheelers are difficult to operate and require drivers to have a commercial driver’s license in order to operate them. Still, operating these heavy machines in real conditions can be much more challenging than the short test to obtain the license. Inexperienced drivers or driving errors among more seasoned drivers are common causes of 18-wheeler accidents.
- Delivery vehicle collisions – Delivery vehicles may be operated by store employees, such as when the delivery is for furniture or flowers. Employers are generally responsible for the actions of their employees. However, some delivery drivers are independent contractors, such as last-mile drivers who deliver Amazon packages. A knowledgeable lawyer can help determine who is responsible for a delivery vehicle collision and work to hold them accountable.
- Underride and override accidents – One of the reasons that commercial trucks are so dangerous is because they sit much higher than passenger vehicles. This can create a dangerous situation if the driver does not notice a much smaller vehicle. In an underride accident, a car slides underneath the trailer, which sometimes causes the truck to sheer off the top of the car, resulting in death or catastrophic injuries to the victims. In override accidents, the truck drives on top of the car, crushing it beneath its weight.
- Tire blow outs – Commercial trucks travel thousands of miles a year. This wear and tear is considerable, so trucking companies must take special care in ensuring that trucks in their fleet are well-maintained. If a tire blows out during transit, other motorists can be seriously injured. Tire blow-out accidents are usually due to mechanical negligence or failure to conduct a proper pre-trip inspection.
- Wide turn accidents – Commercial trucks require more space to make turns. However, drivers may underestimate or overestimate the amount of space they need and collide with nearby vehicles when making a turn.
- Rear-end accidents – Rear-end accidents are often referred to as “minor” or “fender benders.” However, nothing is minor when a commercial truck is involved. If an 80,000-pound truck rams into the back of a passenger vehicle, serious injuries or death may result.
- Lost loads – Truck drivers and cargo companies are responsible for properly securing loads so that the cargo does not shift or fall off during transit. If they fail to properly secure the load, cargo can fall off and cause serious injuries to nearby motorists.
- Overturned trucks – Trucks that overturn can skid into nearby motorists and pedestrians. Overturned trucks are usually the result of an uneven load or a driver error.
- Collisions with cars – Most commercial truck accidents involve a collision with one or more other vehicles. Victims may suffer serious or even fatal injuries.
- Pedestrian collisions – Pedestrians, bicyclists, and other vulnerable road users stand no chance against the heavy weight of a commercial truck.
In Wisconsin, truck collisions occur nearly every day. From 2015-2019, there was a yearly average of 7,514 large truck collisions in the state of Wisconsin. These crashes kill 70 people and leave over 2,000 injured each year. Common injuries include:
- Brain injuries and spinal cord injuries
- Amputation injuries
- Severe burns
- Crushing injuries
- Internal injuries
- and in the most severe cases, death
Securing Evidence in Truck Accident Cases
Due to the catastrophic nature of truck collisions, having our Milwaukee truck accident attorneys on your side as soon as possible is essential. Almost immediately after a truck accident, the driver’s insurance company will begin an investigation into the events that led to the crash. The company may collect important evidence that could support your claim, including camera footage, driver logs and timesheets, maintenance records, and vehicle data kept on the black box.
An injury attorney in Milwaukee can send a spoliation letter to protect critical evidence before it is misplaced or destroyed. For example, the commercial truck company may wish to repair the truck quickly and send it back into service. In doing so, they erase all evidence stored in the truck’s computer system.
Evidence that your lawyer may be able to collect to support your claim may include:
- Accident reports completed by responding law enforcement, the trucking company, and independent organizations such as the National Transportation Safety Board
- Photos or videos of the accident from dash cams, traffic cameras, or surveillance cameras from nearby businesses
- Personnel records for the truck driver, including any history of accidents, health conditions, drug or alcohol abuse, or safety violations
- Maintenance records that indicate when the vehicle was last inspected
- Pre-inspection reports, if any
- Driver logs and timesheets, which may indicate the driver was operating a vehicle past the hours in service regulations
- Black box data from the truck, which may indicate the speed, last application of the brakes, and other important data right before the collision occurred
- Vehicle parts that show the point of impact
- Medical records that reveal the extensive nature of your injury
- Employment records that indicate how much time you missed from work and the reduction in your earning capacity due to a disability, if applicable
In some cases, our firm may hire expert witnesses to help support your claim or demand for damages. For example, an accident reconstruction expert may be able to use available data to create a video or report that shows how the collision likely occurred. This can be compelling evidence to insurance companies or juries. In other cases, we may hire medical experts or economists who can discuss how your injuries will likely impact your future.
Speak to a Milwaukee Truck Accident Lawyer
If you have been hurt in a truck accident and sustained serious injuries, you may not know who to turn to next. We can help you understand your rights and options, including whether you have grounds for a claim and what party may be held liable. Our firm believes that you shouldn’t have to worry about paying for legal fees immediately after being injured, which is why we work on a contingency fee basis.
Please contact our Milwaukee truck accident attorneys today at (414) 273-7400 to request a free case consultation.