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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

Milwaukee is currently listed as the 15th most dangerous city to drive in the US [1], and is home to one of the densest commercial traffic in the region, so trucking accidents are bound to occur. 

If you have been involved in a truck accident in Milwaukee, you will need a legal ally who not only understands the ins and outs of Wisconsin’s laws but also has a longstanding experience with this type of crash as you may be entitled to compensation for the injuries and damages you sustained. 

The extent of damage, the involvement of more than one insurance company, the type of insurance, the involvement of interstate trucking companies and cross-state drivers, as well as the variations in state laws make truck accidents more complex than any auto accident case. 

Unlike typical car accidents, incidents involving will have you facing a whole new set of legal challenges that our team at Rosenfeld Injury Lawyers can help you with. 

Filing a Truck Accident Claim With Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we prioritize your journey to recovery, both physical and financial, and we will guide you through the process of filing a claim step by step.

  • Free Consultation – As the first step, our truck accident attorneys offer an initial assessment of your case to understand its specifics and evaluate whether you have a viable lawsuit.
  • Case Investigation – If you have a case, we will investigate the specifics of the event. This includes gathering police reports, eyewitness accounts, and potential video footage.
  • Evidence Collection – We will collect and organize medical records, accident scene details, and any additional information to further solidify your claim.
  • Consultation With Experts – This may include accident reconstruction specialists, medical professionals, or any other relevant expert.
  • Negotiation With Insurance Companies – Negotiating with an insurance company is paramount to receiving the compensation you deserve, as they’re notorious for their unwillingness to reduce payouts to victims.
  • Preparation for Trial – While not all cases end up in the courtroom, we will make sure a strategy is in place if the negotiations do not bring a satisfactory resolution.

Throughout the process of filing a truck accident claim, our personal injury lawyers have a client-centric approach. We will inform you of every step, and provide transparency and guidance to minimize your stress.

Proving Fault in a Milwaukee Truck Accident Case

The process of establishing fault in a Milwaukee truck accident is regulated by federal, state, and local laws. It includes an examination of the circumstances, adherence to evidence collection guidelines, and understanding of all factors influencing proving fault. 

Federal regulations list the safety standards for truck operations, while the legal processes will often follow state and local laws. Essential evidence such as police reports, eyewitness accounts, or video footage are some of the crucial elements of a case. In Milwaukee, legal proceedings heavily rely on factual documentation. 

The use of trucking telematics is of major importance for understanding the course of events leading to a large commercial truck accident. Real-time data is provided on multiple aspects, such as speed, braking patterns, and maintenance history of commercial trucks. 

Wisconsin employs a comparative negligence system, a concept upon which multiple parties carry various degrees of responsibility and fault. Any Milwaukee truck accident will therefore undergo a thorough evaluation of circumstances.

Liability in Truck Accident Cases

Although commonly assumed to be the case, liability in Milwaukee truck accidents is often the truck driver. Here are other parties that can be held responsible:

  • Trucking company responsibility – Under the doctrine of respondeat superior, an employer is responsible for the negligent acts or omissions of its employees. Also known as vicarious liability, this may apply in cases of truck accidents caused by drivers. Violations of safety regulations or enforcing unrealistic schedules can implicate the trucking company.
  • The maintenance company – Liability may arise if inadequate maintenance leads to equipment failure. Faulty brakes or engine issues are examples where maintenance companies may be held accountable for an accident.
  • The manufacturer – Strict liability principles may apply in cases where a vehicle defect directly contributes to the accident.
  • The loading company – Improperly loaded cargo can lead to accidents, making the loading company liable for resulting damages.
  • Other drivers – Maneuvers by passenger car drivers can result in the accident being attributed to them.
  • Government agencies – Government agencies may be implicated if poor road design or bad maintenance contributes to dangerous road conditions. They may also be at fault in accidents involving fire trucks, garbage trucks, or other commercial vehicles employed by government entities.

Types of Cases That Our Milwaukee Truck Accident Attorneys Handle

Our legal team specializes in handling a multitude of truck accident cases depending on the type of vehicle involved, different types of accidents, and other circumstances.

Truck Accident Cases Based on the Vehicle Involved

  • Semi Trucks – With their substantial size and weight, they often contribute to severe injuries in a trucking accident.
  • Cargo Trucks – Accidents involving cargo trucks have their own set of challenges as the incidents sometimes involve the transport of hazardous goods resulting in potentially catastrophic outcomes.
  • 18-Wheelers – These are complex and large vehicles that require a detailed investigative approach as accidents involve a large number of circumstances that may have led up to the crash.  

Types of Truck Accidents

  • Jackknife Accidents – This is a type of accident where a truck folds at its hinge, due to turns or breaking maneuvers causing tractor-trailers to swing creating a jackknife shape. The cause of the event is essential when determining liability.
  • Tire Blowouts – Tire blowouts can at times lead to catastrophic outcomes, necessitating a focused legal strategy for adequate compensation.
  • Rollover Accidents – In cases of rollover, the accident evaluation needs to take into account all contributing factors leading to the event as well as the responsibilities of all drivers involved.
  • Rear-End Accidents – These types of accidents are among the most common ones. They occur when a truck hits the back of another vehicle or gets hit from behind. The severity of the crash depends on speed and road conditions. Tailgating, distracted driving, and sudden braking can all lead to such events, and they too require a detailed investigation of all parties involved.
  • Interstate Accidents – Interstate cases often have to take into consideration the state laws, that may differ from one state to another, and possible changes in jurisdiction.
  • Hazardous Materials Incidents – Accidents involving trucks carrying hazardous materials add a whole new dimension to the already complex legal procedure and as such they demand exceptional law firm expertise.
  • Overloaded Truck Accidents – Cases involving large commercial trucks require a detailed examination of weight regulations and their impact on the cause of the accident, as well as where the trucking company failed.

The Most Common Causes of Trucking Accidents

Looking at the most prevalent causes of trucking accidents and the most common contributing factors, here is what causes the majority of incidents:

  • Drunk Driving – Even though truck drivers operating under the influence account for a mere 1% of large truck crashes [2], these incidents almost always end with catastrophic outcomes.
  • Reckless Driving – Aggressive driving and speeding, paired with poor distance maintenance between vehicles, account for 28% of trucking incidents. [2]
  • Distracted Driving – Whether from mobile phones or other sources, distractions compromise a truck driver’s focus and reaction time, accounting for an estimated 28% of incidents involving trucks. [2]
  • Driver Fatigue – Long hours on the road, inadequate rest, and trucking company bending regulations can lead to truck driver fatigue, impairing judgment in many truck drivers and accounting for 13% of such accidents. [2]
  • Traffic Violations – Running a red light or failing to yield are common causes of truck collisions.
  • Unsecured and Loose Cargo – Improperly secured cargo is a threat to all entities in the traffic and as such can lead to accidents and other hazards on the road.
  • Poor Maintainance or Faulty Parts – Neglect when maintaining truck components, such as brakes or tires, often results in malfunctions leading to accidents. If not identified and addressed promptly, this can contribute to accidents and serious injuries.
  • Untrained Drivers – Inadequate training or incompetence of truck drivers raises the risk of errors and consequently the number of accidents.
Milwaukee trucking accident causes

Is There a Minimum Payout That Can Be Recovered in a Milwaukee Truck Accident Claim?

Milwaukee truck accident claims don’t come with a fixed minimum payout. The settlement amount depends on a variety of elements, such as the nature of injuries, property damage, lost wages, and other factors specific to the accident in question. Here are some examples of claims resolved by our law firm:

  • In collaboration with our partner attorneys, we achieved a successful resolution in a case of a head-on semi-truck collision resulting in our client sustaining permanent serious injuries and experiencing limited mobility. The case reached a settlement of $18,500,000 through mediation approximately one year after the lawsuit started.
  • In another instance, $14,100,000 compensation was secured for the family of a motorcyclist who tragically lost their life in a collision where a truck made a left turn into their path. Experts determined that the truck driver was speeding and not paying attention leading up to the collision.
  • We successfully obtained a settlement of $5,750,000 for a driver who suffered crush injuries to the pelvis and legs during the unloading of the cargo at a distribution center. The settlement was provided by the insurance company representing the logistics company.

Factors That Affect Truck Accident Settlement Amounts

Various elements can determine the settlement amounts in accidents involving commercial trucks. These include the extent of property damage, the nature of injuries for accident victims, the severity of injuries, the duration of medical treatment, and the impact on the victim’s life. 

The final settlement can also be affected by the driver’s insurance company, the evidence, the liability of parties involved in the accident, and many other factors.

Damages That a Milwaukee Truck Accident Attorney Can Help You Recover

Recovering damages after a trucking accident is a crucial aspect of getting justice and compensation for the victims. An experienced truck accident attorney from our team can help clients recover different types of damages, and those will depend on the circumstances of your case. 

Recovered damages may include the cost of past and future medical expenses, such as inpatient and outpatient services, along with physical and occupational therapy, as well as prescriptions and necessary medical equipment needed after truck accident injuries. 

Disability or disfigurement of the accident victims are also factored in what we can recover, but also physical pain and suffering, as well as emotional or psychological trauma resulting from a serious accident. 

Lost wages—past, future, or both—are another crucial component, as well as the impact on the overall income of the victim and quality of life after the truck crash. If applicable, repair or replacement of the damaged vehicle is also included.

Truck Accident Wrongful Death Claim

In the event of a wrongful death resulting from a truck accident, our attorneys are dedicated to assisting the families of victims to claim a wide range of damages. 

This includes addressing funeral costs and medical bills related to the accident. The impact of the death on the family and the loss of financial support are of the highest importance in truck accident claims that involve a wrongful death. 

Additionally, the loss of companionship that leaves deep consequences in family dynamics and the overall emotional toll on the truck accident victims’ loved ones are taken into account.

How Are Truck Accident Damages Calculated?

Truck accident damages are calculated through a process that looks both at special and general damages. 

Special damages are economic damages with quantifiable financial losses such as medical bills, property damage, and lost wages. They are relatively easy to calculate since they represent a value already expressed in money. 

General damages are losses like pain and suffering, emotional distress, and loss of enjoyment of life, depression, anxiety after the crash. To be able to determine general damages we use qualifiers, such as the severity of injuries, emotional impact, and the overall disruption to the victim’s current and future life. 

For example, a victim of a trucking accident who suffers a severe injury leading to paralysis, or traumatic brain injuries will receive a higher general damages award than someone with less severe injuries. 

What to Do After a Truck Accident in Milwaukee

After you have experienced an accident, there are a few do’s and don’ts you need to be mindful of to fast-track recovery and increase your chances of a successful claim.

  • Prioritize Safety – If possible, move to a secure location, activate hazard lights, and use warning signals.
  • Seek Medical Attention – You might be seriously injured even if it doesn’t seem so at the moment.
  • Report the Incident – Notify the police about the accident by providing detailed information, but do not accept responsibility or admit fault.
  • Thoroughly Document the Site of the Accident – Collect license plates, contact information, and insurance company details from all involved parties. Also take photographs.
  • Identify Potential Witnesses – If there are any, take their contact details. Their statements may serve as evidence in the future.
  • Avoid Direct Communication With Insurance Companies – Be sure to call an experienced truck accident attorney before dealing with an insurance company.
  • Preserve Evidence – Keep all documents, medical records, repair estimates, and the police report. All of them are important for your claim.
  • Consult a Milwaukee Truck Accident Attorney – Seek legal counsel from a specialized law firm promptly to get a better understanding of your rights and available options. 

The Differences Between Truck and Car Accidents

Commercial truck accidents often cause more severe injuries and fatalities due to the large size and weight compared to a passenger vehicle. They involve various responsible parties, such as trucking companies and maintenance firms, making the case more complicated than in car accidents. 

The trucking industry follows a different set of regulations, than those for passenger vehicles. The insurance coverage for trucks is higher as well, due to federal and state regulations.

Investigation of most truck accidents is complicated and takes into account more factors than a car accident investigation would, like maintenance, loading, and driving hours, while an auto accident investigation mainly focuses on the driver.

Common Truck Accident Injuries and Victims

In most cases, truck accidents will cause injuries because of the nature of the vehicle. As it’s long and heavy, the force of the crash that involves a truck is significant. Most often it causes the following injuries:

  • Spinal Cord Injuries – These injuries are severe and life-altering as they impact the mobility and functionality of the victim.
  • Brain Injuries – They affect cognitive functions and lead to long-term consequences.
  • Amputations – Loss of a limb requires extensive adaptation and is a highly traumatic event.
  • Cuts and Lacerations – These are injuries that require immediate medical attention.
  • Burns – Resulting from fires or chemicals, these injuries demand specialized medical treatment that may include a series of surgical interventions and extended recovery. Additionally, they can cause disfiguration and emotional trauma.
  • Broken Bones – These injuries require immediate medical intervention and subsequent physical therapy depending on the severity of the case.
  • Back and Neck Injuries – The most common and potentially chronic, these injuries cause pain and affect the daily life of the victim, often limiting mobility.
Milwaukee trucking accident injuries

You Have Limited Time to File a Truck Accident Claim

Act promptly if you’ve been involved in a commercial truck accident in the state of Wisconsin so you can file a claim in accordance with its statute of limitations. Statutes of limitations are legal time limits that apply to cases dealing with personal injury, wrongful death, corporate liability, and product liability claims. 

  • Personal Injury – The statute of limitations for personal injury, including truck accident injuries, is three years from the date of the injury.
  • Wrongful Death – Wrongful death claims have a statute of limitations of two years from the date of death.
  • Corporate Liability – Corporate liability cases that involve issues like negligence or product liability have the same statute of limitations as personal injury, three years.
  • Product Liability – Product liability cases in Wisconsin have a statute of limitations of three years from the date of injury or one year from the date the injury was discovered, whichever is later.

If you have been involved in a trucking accident, contact us for a free consultation today to ensure you will respect these time limits.

Are Milwaukee Truck Accident Lawyers Expensive?

Our Milwaukee truck accident lawyers work on a contingency fee basis, which means clients only pay the legal fees if they win the case. We only take a percentage of the compensation awarded, making legal representation accessible to everyone without upfront costs.

How Long Does Settling a Truck Accident Lawsuit Take?

Settling a Milwaukee truck accident claim usually takes more than six months. It’s essential to hire a lawyer quickly to speed up the process, considering the time needed for the investigation and formulation of the strategy.

It is best to seek legal assistance and hire our personal injury lawyers right away to help you navigate the stress and focus on recovery after serious accidents.

Contact a Milwaukee Truck Accident Lawyer Today!

Don’t settle for less and reach out to our Wisconsin truck accident attorneys right away. We have recovered millions in damages and will put your best interest first. Get a free consultation, and enjoy the convenience of our contingency fee. Call us now toll-free at (888) 424 -5757 and make the first step to protecting your rights and pursuing the compensation you deserve.

Resources: [1] US News, [2] FMCSA

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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