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Legally Reviewed by:

Jonathan Rosenfeld
J.D

December 20, 2023

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

Truck accidents are some of the most dangerous motor vehicle accidents, and those involved are often seriously injured or even killed. In Wisconsin alone, there were 2,563 truck accidents in 2022 [1].

If you or a loved one gets injured in a truck accident, you cannot call a typical car accident lawyer. These cases are much more complex due to the severity of the injuries, the involvement of trucking companies, insurance differences, and truck accidents involving drivers from other states and different laws.

Contacting a Wisconsin truck accident attorney from Rosenfeld Injury Lawyers, LLC is crucial if you or a loved one have been involved in a truck crash. Here’s all you need to know about filing a claim. 

You Have Limited Time to File a Truck Accident Claim in Wisconsin

Filing a claim after a trucking accident must be done within a certain time limit based on the circumstances of the case. Here are a few of the statutes of limitations in Wisconsin regarding these scenarios:

  • Personal injury – 3 years from the date of the accident or injury
  • Wrongful death – 3 years from the death of the loved one
  • Product liability – 3 years from the date of the inciting incident
  • Property damage – 6 years from the date of the incident

Hiring an experienced truck accident attorney as soon as possible after the crash is crucial to ensure you file your claim in time and have a chance to win fair compensation. 

Types of Cases That Our Wisconsin Truck Accident Attorneys Handle

Large truck accidents, and the associated claims that are filed in the aftermath, do not all follow the same parameters. Our firm handles many different scenarios that are based on several factors.

  • Type of vehicle involved – Semi-trucks, 18-wheelers, cargo trucks, large commercial trucks, delivery trucks, tractor trailers, tanker trucks, etc. In Wisconsin, 73 fatalities occurred in 2022 due to large truck crashes, including semi-truck accidents [2]. 
  • The person or entity at fault – Truck driver, truck part manufacturer, other drivers, road conditions, commercial company, trucking company, etc. There are 1,226 trucking companies in Wisconsin as of 2023, with 44 of them being rated one out of five stars [3].
  • Notable interstates – Some roads in Wisconsin are widely used for transporting goods with trucks, such as I-94, I-43, and I-90, making them the most common locations for many truck accidents.
  • Type of accident – Jackknifing trucks, rollover accidents, wide turn collisions, t-bone crashes, head-on collisions, rear-end collisions, blind spot accidents, sideswipes, etc.

The Most Common Causes of Trucking Accidents

A trucking accident can occur due to a number of reasons, not just truck driver error, and many of them could be grounds for negligence in a wrongful death or personal injury claim. Here are some of the most common causes of large truck accidents:

  • Distracted truck drivers
  • Fatigued truck drivers due to long hours on the road – Property-carrying drivers in the US can only drive for 11 hours maximum after 10 consecutive hours off-duty [4]
  • Reckless driving that puts other motorists in danger
  • Driving under the influence of alcohol or drugs – Almost 23,000 offenses of operating vehicles while intoxicated occurred in Wisconsin in 2022 [5]
  • Breaking traffic laws such as speeding, running red lights, or not yielding properly 
  • Unsecured cargo falling onto the roadway
  • Poor road conditions causing vehicles to lose control – Wisconsin is considered the 5th worst state for road conditions as of 2022 [7]
  • Truck equipment not being maintained and malfunctioning
  • Defective manufactured parts
  • Truck drivers not being trained properly to operate vehicles safely
Wisconsin trucking accident causes

What Is the Basis of Wisconsin Truck Accident Claims?

Not all truck accidents are eligible for a claim by injured victims or the families of victims. Certain standards must be met in order to result in a viable lawsuit on the basis of negligence or recklessness.

  • Duty of care – The at-fault party had a duty of responsibility to the victim who was hurt or killed in the trucking accident
  • Breach of conduct – The at-fault party failed to behave in a way that upheld the duty of care
  • Causation – The breach of conduct led to the damages suffered by the victim
  • Damages suffered – The victim suffered from damages as a result that are either economic or non-economic in nature

Who Is Held Liable in Truck Accident Cases in Wisconsin?

Not all serious accidents caused by trucks are the fault of the driver. This is another aspect that makes these cases so complicated. Other at-fault parties in a trucking accident could be:

  • The trucking company – The firm that employs the driver could be held liable, which is often the case based on Wisconsin law
  • The truck manufacturer – Parts that were manufactured negligently could have caused the incident, such as a compromised structure
  • The parts manufacturer – Individual parts can also malfunction and make the manufacturer liable for the incident, such as a faulty brake system
  • Government agencies – Some trucks are operated by government entities, such as fire trucks or garbage trucks, making the entity itself liable
  • Maintenance workers – Professionals who are responsible for maintaining trucks may have failed to uphold their duties, causing a breakdown to result in a crash

Proving Fault in a Wisconsin Truck Accident Case

Wisconsin is a modified comparative negligence state. That means if the plaintiff was less responsible for the incident than the defendant, even if 49%, then they can be awarded a claim. Proving fault is based on evidence provided by the plaintiff, which is why a skilled truck accident attorney is needed for your case. 

Evidence that can support your claim can include police reports, accident reconstructions, video surveillance, eyewitness testimonies, images of the aftermath, medical bills, maintenance reports, and more.  

Trucking Company Regulations

The trucking industry in Wisconsin is regulated by multiple state and federal agencies, including the Wisconsin Department of Transportation, the Wisconsin Department of Agriculture, Trade, and Consumer Protection, and the US Federal Motor Carrier Safety Administration. 

Some of the regulations trucking companies and vehicles in Wisconsin must follow include [8]: 

  • Have an insurance minimum of $750,000 for vehicles over 10,000 lbs transporting non-hazardous materials
  • Be registered with FMCSA and have a US DOT number
  • Drivers must have a commercial truck driver’s license
  • Cannot drive over 11 cumulative hours after 10 consecutive off-duty hours
  • Motor carriers must have vehicles inspected at least once every 12 months, carried out either by the state, by state-authorized personnel, or at state-authorized facilities in the trucking industry

How Much Can Be Recovered in a Wisconsin Truck Accident Case?

Damages paid out in a settlement for a trucking accident can vary greatly. There is no average because the fair compensation you can be awarded depends on numerous factors, including the severity of the injuries, the nature of the damages, and the negotiation between the plaintiff and defendant. 

Our team of Wisconsin truck accident attorneys has a history of winning settlements for our clients, including:

  • $18.5 million for a client with permanent injuries and limited mobility after a head-on collision with a semi-truck
  • $14.1 million for the family of a motorcyclist who was fatally injured in a truck collision when a speeding truck made a left turn into their lane
  • $5.75 million for an injured truck driver who was unloading cargo at a distribution center and sustained crush injuries to their pelvis and legs

Factors That Affect Truck Accident Settlement Amounts

Settlement amounts are determined on a case-by-case basis. 

The total cost of the losses suffered by the victims will play a role, which is often impacted by the extent of the severe injuries. The level of insurance coverage available from either the truck driver or other motorists will also determine the compensation package. 

If evidence and eyewitness testimony further solidify how the fault breaks down, that can also affect the settlement amount. 

Truck Accident Victims and Injuries Suffered

Besides commercial truck drivers, victims injured in a truck accident typically include multiple parties, such as other motorists and even pedestrians.

Since trucks are much larger than other types of motor vehicles, truck accidents can lead to very serious injuries. Some common trucking accident injuries include:

  • Spinal cord injuries
  • Traumatic brain injuries
  • Internal bleeding
  • Whiplash/neck injuries
  • Broken bones
  • Road rash
  • Burns
  • Amputations
  • PTSD
  • Crush injuries
  • Lacerations
  • Paralysis
Wisconsin trucking accident injuries

Damages That Our Wisconsin Truck Accident Lawyers Can Help You Recover

Wisconsin personal injury attorneys from our firm can help you recover a number of damages through a settlement. Damages can be either economic or non-economic.

  • Past and future medical bills
  • Lost wages
  • Lost earning potential
  • Disability/disfigurement
  • Property repair/vehicle replacement costs
  • Loss of enjoyment of life
  • Physical pain and suffering
  • Emotional distress

Truck Accident Wrongful Death Claim

Wrongful death is a type of claim filed if the victim dies as a result of the negligence or recklessness of another. Large truck accidents are incredibly dangerous, and many victims lose their lives as a result of the crash or catastrophic injuries that turn fatal after these tragic accidents. 

Damages that can be recovered in this type of case include:

  • Medical expenses for injury treatment
  • Funeral/burial costs
  • Loss of consortium or a parent or spouse
  • Loss of financial support
  • Bills for therapy

How Long Does Settling a Truck Accident Case Take?

Although there is no clear way to define how long your trucking accident claim may take, they typically take at least six months. 

They can take much longer for a variety of reasons, such as an unresponsive defendant, logistics of determining at-fault parties, the extent of the damages, the evidence-gathering phase, negotiations with the defendant or insurance company, and injury recovery timelines.

Either way, it is crucial to hire an experienced truck accident lawyer as soon as possible after an accident to have the best chance of winning a settlement.

How Much Does Hiring a Wisconsin Truck Accident Attorney Cost?

At Rosenfeld Injury Lawyers, LLC, we work on a contingency fee basis. That means plaintiffs do not pay any upfront costs, and your Wisconsin truck accident attorney is only paid out of the settlement amount they help you win. This allows you to pursue a claim even during the difficult times following a truck crash. 

Filing a Truck Accident Claim With Rosenfeld Injury Lawyers

Most truck accidents lead to serious injuries or worse, and accident victims may be hesitant to file a claim against truck drivers or the trucking companies they work for because of the complexities of the process. By understanding what the process will look like, your decision becomes a little easier.

  • Free consultation – We will discuss your case with you at no cost so you can understand the merits of a potential claim
  • Case investigation – Our experts will delve deep into the details of the accident to determine what type of claim may be filed and against whom
  • Gathering evidence – Proving fault after a serious accident such as a truck crash requires evidence, such as police reports, eyewitness testimonies, accident footage, images of the accident scene, medical bills, trucking company records, etc.
  • Consulting experts – Building your case often requires bringing in other experts, such as accident reconstructionists
  • Negotiating with insurance companies – To reach a settlement agreement, your attorney will negotiate with the defendant’s insurance company on your behalf
  • Representation in trial – Though most personal injury cases are settled without going to court, we will represent you in the event of a trial

Contact a Wisconsin Truck Accident Lawyer Today!

Motor vehicle accidents involving truck drivers can be very dangerous, especially for other motorists on the road. You may have serious injuries as a result or even a loved one who passed away. 

Whether it was the fault of the truck driver, the trucking company, a government entity, or another driver, accident victims should seek legal counsel from a trusted team to file a claim and recover damages. 

With a free case review from Rosenfeld Injury Lawyers, LLC, you can get a clearer picture of your claim’s prospects. Additionally, we work on a contingency fee basis so you only end up paying if we win your case, and even then our payment is simply deducted from the settlement package.

Call our law office at 888-424-5757 today and take the first step to recover the fair compensation you deserve with a team that is dedicated to helping victims of Wisconsin truck accidents move on. Our long history of winning millions for clients speaks for itself.

Resources: [1] Truck Info, [2] Wisconsin DOT, [3] Rentech Digital, [4] FMCSA Hours of Service, [5] Impaired Driving Wisconsin DOT, [6] Big Truck Guide

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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