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Jonathan Rosenfeld

December 20, 2023

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Obtaining adequate legal representation should be your top priority if you or a loved one have been involved in a truck accident. Personal injury claims involving trucks are complex and require the help of an experienced Oshkosh truck accident lawyer. 

A truck accident often involves multiple liable parties, different types of insurance, cross-state drivers, and catastrophic damage. As a car accident lawyer wouldn’t be able to handle the complexity of such cases, read on to find out more about all the ways Rosenfeld Injury Lawyers can help you receive maximum compensation. 

Contact us today for a free consultation and begin the process of filing a claim. We’re available 24/7.

Filing a Truck Accident Claim With Rosenfeld Injury Lawyers

Our law firm approaches every personal injury case with an in-depth grasp of civil law and a mission to provide our clients with the compensation they deserve. If you’ve been the victim of negligence in a truck accident, here’s how the process of filing a claim with us would look:

  • We will start with a no-obligation consultation to discuss your legal rights, whether you have a viable case, and its potential merits. 
  • Your Oshkosh truck accident attorney will help you gather all the relevant evidence for your case, such as driver logs.
  • To help us accurately determine fault, we will consult accident reconstruction specialists and experts from a variety of fields.
  • We will file a claim against the insurance company or any other parties responsible for the incident. This will initiate the process of obtaining compensation for your injuries.
  • We will negotiate a settlement with the insurance company. Trucking companies’ insurers are notorious for offering low amounts, but we fight tirelessly on behalf of victims to make sure they receive the amount they deserve.
  • If we cannot reach a settlement with the insurance adjusters, we will prepare you and your case for trial.

What Is the Basis of Truck Accident Personal Injury Cases?

Proving negligence is the basis of all truck accident personal injury cases. According to Wisconsin law, negligence is a failure to exercise a duty of care or adhere to a standard of reasonable care to avoid acts that could harm others.

You must prove multiple elements of a negligence case to seek compensation for an accident, including:

  • Duty – The responsible party owed you a duty of care.
  • Breach – The responsible party failed to meet the criteria of duty of care.
  • Cause – The responsible party’s failure was the immediate cause of your injury.
  • Damages – You suffered damages and losses due to those injuries.

Proving Fault in an Oshkosh Truck Accident Claim

Wisconsin is an at-fault state, which means that the party found liable for the accident must pay through their insurance company.

The state also uses a modified comparative fault/negligence system, which dictates that plaintiffs may recover damages only if their share of negligence is no more than 50%. The amount of damages an accident victim can recover is reduced by the percentage of negligence attributed to them.

Collecting Evidence

Following a truck accident, there will be an investigation to determine who is at fault. If able to, you should gather evidence right after the accident occurs. Examples of relevant evidence include:

  • Photographs – The scene of the accident should be photographed for signs such as skid marks and collisions with other vehicles and objects. Photographing injured parties is also recommended.
  • Witness Accounts – Bystanders and other motorists can provide invaluable testimony to bolster the accident victim’s claim.
  • Medical Records – A physician’s evaluation of your injuries and any records of medical treatment are the foundation of a successful lawsuit.

Your Oshkosh truck accident attorney will help you gather even more evidence, such as driver logs and other proof that the responsible party didn’t abide by the regulations imposed on trucking companies, traffic laws, and whatever else is relevant to your specific case and injuries.

Liability in Truck Accident Cases

Determining liability in truck accidents is often complex due to the large number of parties involved, such as:

  • The truck driver – Driver error is one of the most common causes of truck accidents. If the truck driver is inattentive, distracted, or under the influence, they may be considered at fault for the collision.
  • The trucking company – Trucking companies can be liable for negligent hiring if they employ unqualified drivers, failing to train them, neglecting maintenance procedures, creating unsafe work conditions by making drivers operate long hours, and more.
  • The truck manufacturer – Truck manufacturers are responsible for the performance of a truck and its safety systems. Manufacturing defects, such as faulty acceleration and sudden engine shut-offs can lead to collisions.
  • The parts manufacturer – Reliable parts are integral to a truck’s safety. A defective part can cause an accident, making the parts manufacturer liable.
  • The truck maintenance company – Trucking companies often use a third-party maintenance provider. Poor maintenance procedures may result in loss of vehicle control and truck accidents.
  • Government agencies – In cases where the trucking company is operated by a government entity, such as incidents involving fire and garbage trucks.

Damages That an Oshkosh Truck Accident Attorney Can Help You Recover

An experienced Oshkosh truck accident lawyer from our team can help you recover various damages as part of your claim. The three types of damages to consider are economic, non-economic, and punitive damages.

Economic Damages

Economic damages serve as compensation for the financial losses endured from a trucking accident. They involve tangible losses that can be calculated. Examples of economic damages include lost wages, damage to your property, past and future medical bills, and loss of earning capacity and profits. There’s no cap on economic damages in Wisconsin.

Non-Economic Damages

Non-economic damages represent the effects of the accident that can’t be assigned an exact dollar figure. Physical pain, scarring, disfigurement, and emotional distress are some examples of non-economic damages. Wisconsin doesn’t impose a cap on them, with the exception of suing the state or local municipality.

Our legal team will use the multiplier method to provide you with adequate compensation for the pain and suffering you’ve endured due to your injuries.

Punitive Damages

You may be able to receive punitive damages if the truck driver or whoever was at fault acted maliciously or with intentional disregard of your rights. Punitive damages serve as a punishment to the defendant and are capped at $200,000 or twice the amount of other damages, whichever is greater.

Truck Accident Wrongful Death Claim

If you’ve lost a loved one in a truck accident, an experienced Oshkosh truck accident lawyer can help you pursue damages with a wrongful death claim. We will make sure you receive compensation for the following:

  • Funeral costs
  • Medical expenses
  • Loss of financial support
  • Loss of companionship
  • Loss of parental training
  • Pain and suffering
  • And more

How Much Compensation Can Be Recovered in a Trucking Accident Claim?

Trucking accident compensation amounts vary. Each case has its own unique circumstances, shaping the total sum you ultimately receive. 

Here are some examples of settlements we have secured for clients injured in truck accidents:

  • One of our clients suffered extensive injuries in a serious accident, leaving them with permanent limited mobility. One year after the lawsuit was filed, they were awarded an $18,500,000 settlement. 
  • Another client was the family of a motorcyclist fatally injured when a truck turned towards his path. The settlement amount for this case was $14,100,000.

Factors That Affect Truck Accident Settlement Amounts

There are numerous factors that affect truck accident settlement amounts, including:

  • The extent of the injuries
  • The cost of losses sustained
  • The insurance coverage available
  • The amount of evidence for the case
  • Witness testimony

You Have Limited Time to File a Truck Accident Claim

It’s important to act fast when filing a truck accident claim. You have limited time to file certain claims due to their statutes of limitations. Wisconsin law gives you three years to initiate a personal injury claim.

These are the statutes of limitations for other claims:

  • Wrongful death suits in MVA, including truck accidents – Two years
  • Corporate liability – Three years
  • Product liability – Three years
  • Injury to personal property – Six years

The best course of action is to hire a Wisconsin truck accident lawyer immediately. Our law firm can provide you with a free case evaluation and an experienced lawyer to handle your claim.

What to Do After a Truck Accident in Oshkosh, WI

The first thing you should do after a truck accident is check for injuries and seek medical attention. Even if it doesn’t seem so at the moment, you might have sustained serious injuries. After ensuring your safety, follow these steps:

  • Call the police – Wait for the police to arrive and provide a statement. Tell them exactly what happened and answer their questions, but do not admit fault.
  • Document the scene – Take as many photos of the scene as possible. Document any damage to your person, your vehicle, and any other passenger cars or commercial vehicles involved.
  • Collect important information – Gather as much information about the truck driver and their vehicle as possible. Obtain the driver’s address and number, as well as the name of the trucking company they work for. Do the same for any other vehicles involved.
  • Get a lawyer – Call an Oshkosh truck accident lawyer right away. Don’t talk to any insurance representatives until you have legal representation. Skilled legal help is essential to get maximum compensation. 

Types of Cases That Our Oshkosh Truck Accident Attorneys Handle

Our lawyers can help you receive compensation for collisions involving various truck types. These include semi-trucks, cargo trucks, 18-wheelers, garbage trucks, logging trucks, and more.

There are many different ways for a truck to be involved in an accident. If you sustain injuries due to a rollover, blowout, jackknife, underride, wide turn, or blindspot accident, our truck accident attorneys can make sure you get all the evidence you need to prove liability and file a claim for compensation.

An interstate crash is an especially complex case for multiple reasons. For one, travel on the interstates is done at high speed, meaning collisions tend to be catastrophic. Interstate 41 is known for being particularly dangerous. [1] Traffic and liability laws vary between states, meaning victims of truck accidents on interstate highways require advanced legal help.

The Most Common Causes of Trucking Accidents

There are many factors that can contribute to truck accidents, and some of the most common ones include:

  • Driver error
  • Drunk driving 
  • Tailgating 
  • Untrained drivers 
  • Unsecured cargo 
  • Distracted driving 
Oshkosh trucking accident causes

Common Truck Accident Victims and Injuries Suffered

Large trucks dwarf everything else on the road, meaning that anyone can end up a victim when an accident occurs. Common truck accident victims include:

  • Pedestrians – Truck accidents involving pedestrians cause catastrophic injuries.
  • Bicycle riders – Blind spots make it difficult to spot bicycle riders during turns.
  • Passenger car drivers – Small passenger vehicles are at the mercy of large trucks in collisions due to the size discrepancy.
  • Truck drivers – Truck driving is one of the deadliest occupations in the country. [2]

Collisions involving large trucks can lead to a myriad of injuries. Truck accident victims often suffer:

  • Head and brain injuries – Damage to the head and brain can be life-altering and even life-threatening.
  • Back and neck injuries – These injuries can lead to partial or total limb paralysis due to damage to the spine.
  • Lacerations – Sharp objects and debris may collide with an accident victim and cause lacerations.
  • Broken bones – The massive force behind a truck collision can break bones, even for occupants of passenger cars.
  • Amputations and disfigurements – Sudden, high-impact forces frequently lead to devastating injuries like these.
  • Burns – Trucks transporting flammable liquids may ignite during a serious accident, leading to burn injuries.
Oshkosh trucking accident injuries

Are Oshkosh Truck Accident Lawyers Expensive?

An Oshkosh truck accident attorney isn’t expensive at all. In fact, you can have an experienced lawyer representing you for no cost at all. Our law firm handles accident cases on a contingency fee basis. That means you don’t have to pay a cent unless we win the case and recover your damages. 

How Long Does Settling a Truck Accident Case Take?

Settling a truck accident case usually takes over six months, but there are many factors that influence the length of the process. The insurance company will try to negotiate a lower settlement, so the process of securing the amount you deserve can take a while.

Going to trial can further prolong the ordeal, and so can the lack of cooperation of the trucking company, the truck driver, or any other party held liable. Collecting the evidence needed in accordance with federal and state regulations is also time-consuming.

To speed up the process and get the money you deserve to compensate for your injuries, you should contact an experienced attorney as soon as possible so they can fight on your behalf while you focus on your medical treatment to recover from your injuries.

Contact an Oshkosh Truck Accident Lawyer Today!

We have a proven track record of recovering millions of dollars on behalf of victims of truck accidents and their loved ones.

Our firm will represent you on a contingency fee basis and make sure you get the settlement you deserve. Get in touch with our law firm by calling (888) 424-5757 or by using the contact form on our website. We’re available 24/7.

Resources: [1] WTAQ, [2] Fox Business

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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