What Happens When a Truck Driver Has an Accident?

Large trucks, including big rigs, tractor-trailers, box trucks, and 18-wheelers, are prevalent on Wisconsin’s major roadways and interstate highways. Accidents involving these vehicles usually occur when truck drivers, trucking companies, and others behave recklessly and carelessly under the circumstances. In fact, when one of these large and heavy vehicles hits a much smaller vehicle, such as a passenger car or truck, motorcycle, or bicycle, it is almost always the accident victims on the receiving end who will suffer the more serious injuries. 

When a truck accident results from a truck driver or someone else’s negligence, the injured accident victim(s) may be eligible to file a personal injury claim or lawsuit against the responsible party. 

At Mingo & Yankala, S.C., Accident & Injury Lawyers, our legal team could help you recover the monetary damages you deserve for all of your truck accident injuries. In addition to investigating the circumstances of your truck accident and determining who was responsible, we could help you file a claim or lawsuit promptly, negotiate with insurance company representatives on your behalf, and litigate your case through the state court system, if necessary. 

For a free case evaluation and legal consultation with an experienced Wisconsin truck accident lawyer, please contact our firm directly.

How Common are Truck Accidents?

Unfortunately, truck accidents continue to be a nationwide problem but are also prevalent throughout Wisconsin. In fact, according to the National Safety Council, as recently as 2021, a total of 5,700 large trucks were involved in fatal crashes. This statistic represented an 18 percent increase since 2020 – and a 49 percent increase over the past decade. 

Also, according to the State of Wisconsin Department of Transportation, in 2022, there were 6,785 large truck crashes throughout the state, 73 large truck crash fatalities, and 1,846 large truck crash injuries.  

While truck accidents can occur anywhere, they are especially common on busy highways and roadways throughout the state, including Interstates 39, 41, 43, 90, and 94 and Auxiliary Interstates 535, 794, and 894. 

Different Types of Truck Accidents

Truck accidents come in all shapes and sizes, but they are frequently the result of truck driver error and negligence. Some of the most common truck accidents that may occur in Wisconsin include:

• Rear-end or tailgate truck accidents, where the front of a truck hits the back of another vehicle
• Overturn or rollover accidents, where a speeding truck or tractor-trailer overturns while traveling around a sharp curve in the road
• Jackknife accidents, where the tractor and trailer portions of a large truck fold inward, resembling a jackknife, and skid forward or down a hill, impacting other vehicles in its path
• T-bone or broadside accidents, where the front of a truck hits the side of another vehicle
• Sideswipe accidents, where the side of a large truck hits the side of another vehicle traveling on the same road – and in the same direction
• Head-on collisions, where the front of a truck strikes the front of an oncoming vehicle traveling in the opposing lane

 

What Should You Do Following a Truck Accident?

Following a truck accident in Wisconsin, there are several important steps you should take, including the following:

• Calling 9-1-1 to summon emergency services to the accident scene
• Obtaining contact and insurance information from the truck driver and any other involved drivers
• Taking pictures of the accident scene, property damage, or physical injuries
• Speak with the police officer and request a copy of any police report that they prepare
• Call an experienced truck accident lawyer in Wisconsin as quickly as possible

Our skilled lawyers could handle all of the legal aspects of your claim while you focus on seeking medical treatment and recovering from your injuries.

 

Who are the Different Liable Parties in a Truck Accident Case?

A negligent truck driver is the most obvious liable party in a truck accident scenario. Truck drivers are often negligent by:

• Failing to follow standard rules of the road, along with state and federal motor carrier regulations
• Engaging in distracted driving or road rage
• Operating their vehicle while under the influence of alcohol or drugs

In addition to negligent truck drivers, other individuals or entities may share some or all of the responsibility for a truck accident. These potentially responsible parties may include:

• The trucking company that employs the negligent driver
• Truck part manufacturers (when a defective part caused or contributed to the accident)
• Truck maintenance and repair facilities
• Third-party drivers who contributed to the accident

Our legal team could help you identify all potentially responsible parties for your accident and help you file the appropriate personal injury claim or lawsuit. 

 

What are the Available Damages to Victims of Truck Accidents?

Truck accident victims may be able to recover several different types of monetary damages following an accident. First, an accident victim could recover monetary compensation for their economic losses, including medical expenses and lost wages. If they had to switch jobs and take a pay cut because of their injuries, they could also bring a claim for loss of earning capacity. 

In addition, injured truck accident victims could pursue compensation for their intangible losses, such as:

• Physical pain and suffering (both past and anticipated)
• Mental distress
• Loss of life enjoyment
• Loss of the ability to use a body part (such as from spinal cord or paralysis injuries)
• Long-term care costs
• Permanent disability and disfigurement
• Loss of spousal consortium and companionship

Is There a Deadline When You Can File a Personal Injury Claim?

Under the statute of limitations for personal injury lawsuits in Wisconsin, truck accident victims only have three years, starting on the date of their accident, in which to file a personal injury claim or lawsuit for damages. Absent one or more exceptional circumstances, if they fail to file their claim or lawsuit within this timeframe, they forever waive their right to recover any monetary damages for their injuries. 

Our legal team could immediately determine your case’s applicable statute of limitations deadline and file a timely personal injury claim or lawsuit on your behalf. 

 

Can a Driver Lose His Driver’s License or CDL Following an Accident?

To operate a large commercial vehicle, such as a tractor-trailer or big rig, they must ordinarily hold a commercial driver’s license – or CDL. When truck drivers hold a CDL, the law holds them to a higher standard of care than ordinary passenger vehicle drivers. 

In cases where a CDL driver causes an accident, the overall accident circumstances will usually determine whether they incur a license suspension or revocation. A truck driver may lose their license altogether if they engage in any of the following:

• Operate their truck while under the influence of alcohol or drugs (Wisconsin has stricter standards for commercial drivers than other drivers regarding OWI)
• Speed excessively
• Leave the scene of an accident before police arrive (hit-and-run)
• Intentionally using their vehicle to cause some type of harm to another driver – or to commit some type of criminal offense

 

What Help Can a Truck Accident Lawyer Offer in this Situation?

In a truck accident claim or lawsuit, an experienced personal injury lawyer can be an invaluable help – especially if the insurance company is disputing fault or liability for your accident. 

The experienced Wisconsin truck accident attorneys at Mingo & Yankala, S.C. Accident & Injury Lawyers may be able to assist you with all of the following:

• Investigating the circumstances of your accident by retaining an accident reconstructionist or other expert to draft a report and testify as a witness in your case
• Gathering the documents necessary to prove the legal elements of your claim or lawsuit
• Answering all of your legal questions and addressing your concerns
• Filing a personal injury claim with the at-fault party’s insurance company on your behalf
• Negotiating with insurance company adjusters and pursuing a favorable monetary settlement offer
• Helping you decide whether you should accept a particular settlement offer or litigate your case through the state court system
• Assisting you throughout litigation and representing you at all legal proceedings, including discovery depositions, settlement conferences, jury trials, and alternative dispute resolution (ADR) proceedings

Our team will be in your corner every step of the way, aggressively advocating for your rights and helping you pursue the monetary compensation you need and deserve.  

 

Talk with an Experienced Wisconsin Truck Accident Attorney Right Away About Your Legal Matter

At Mingo & Yankala, S.C. Accident & Injury Lawyers, our experienced attorneys have a strong track record of success in favorably settling truck accident cases out of court – and litigating them through the state court system. Unlike many personal injury attorneys and law firms, we are not afraid to directly engage the insurance company and, if necessary, take your case to a civil jury trial or binding arbitration hearing. Our team could answer all of your legal questions, help you make informed decisions, and pursue the highest amount of monetary recovery available to you in your truck accident case. 

For a free case evaluation and legal consultation with an experienced Wisconsin truck accident lawyer, please call us at (414) 404-6889 or contact us online.