When a commercial truck is involved in a collision, the consequences can be life-changing for everyone involved. The sudden upheaval of normal life, the uncertainty about the future, and the pressure from insurance companies can leave you feeling overwhelmed and unsure where to turn.
At Cannon & Dunphy S.C., we bring decades of experience fighting for Wisconsin families affected by truck accidents. Our Appleton personal injury attorneys have recovered over $1 billion in compensation for our clients, and we will work tirelessly to secure the settlement that you deserve. Our Appleton truck accident lawyers understand what you’re going through, and we’re ready to stand up for your full recovery.
Common Causes of Truck Accidents
Commercial truck accidents occur with alarming frequency on Wisconsin highways. The sheer size and weight of these vehicles make any collision potentially catastrophic for other motorists. Many factors can lead to an Appleton truck accident, such as:
- Driver Fatigue: Despite federal regulations limiting driving hours, many truckers continue operating while exhausted, slowing reaction times and impairing judgment on the road.Â
- Improper Loading: When cargo isn’t properly secured or distributed, trucks become dangerously unstable and may jackknife, roll over, or lose their loads during transit.Â
- Inadequate Training: Some trucking companies fail to provide comprehensive training for their drivers, leaving them unprepared for emergencies or challenging road conditions.Â
- Mechanical Failures: Poorly maintained brakes, tires, or steering systems can fail at critical moments, making accidents unavoidable even for skilled drivers.Â
- Distracted Driving: Using mobile devices, adjusting navigation systems, or engaging in other distractions takes a driver’s attention away from the road, creating dangerous situations for everyone nearby.Â
- Speeding and Aggressive Driving: Meeting tight delivery deadlines often encourages truckers to exceed speed limits or drive aggressively, which increases accident risks.
Who Could Be Liable for a Truck Accident?
Truck accident liability extends far beyond the person behind the wheel. Unlike typical car accidents, commercial truck crashes often involve multiple responsible parties.
The truck driver may bear responsibility if they violated traffic laws, drove while fatigued, or operated under the influence. However, their employer—the trucking company—will be liable if the accident occurs while the driver is on the job. The company may also be directly liable if its own practices cause an accident, such as inadequate driver training, unrealistic scheduling demands, or poor vehicle maintenance practices.Â
The loading company might be responsible if improper cargo distribution caused the accident. Parts manufacturers could be liable if mechanical failures stemmed from defective components. Vehicle maintenance companies that performed inadequate inspections or repairs may share responsibility, as might government entities if poor road design or maintenance contributed to the crash.
At Cannon & Dunphy S.C., our attorneys examine every aspect of your accident to identify all potentially liable parties. This approach maximizes your potential compensation by holding
every responsible entity accountable for their role in your contributing to your injuries.
What Compensation Is Recoverable After a Truck Accident in Wisconsin?
Following a serious truck accident, you deserve compensation that truly reflects the full impact the crash has had on your life. By filing a truck accident lawsuit, you can recover various types of damages:
- Medical Expenses: You can recover compensation for emergency treatment, hospital stays, surgeries, prescription medications, rehabilitation services, and any future medical care related to your injuries.Â
- Lost Income: Your settlement will cover wages lost during recovery, reduced earning capacity, and the potential loss of future income if your injuries prevent returning to your previous occupation.Â
- Property Damage: You can be fully reimbursed for vehicle repairs or replacement and any other personal property damaged in the collision.Â
- Pain and Suffering: These non-economic damages acknowledge the physical pain, emotional distress, and diminished quality of life resulting from your injuries.Â
- Wrongful Death Damages: If you lost a loved one in a truck accident, you may qualify to file a wrongful death lawsuit. A wrongful death settlement can cover funeral expenses, loss of financial support, and the loss of companionship and guidance.
When Should You File a Truck Accident Claim?
Wisconsin imposes a strict three-year statute of limitations on personal injury claims, including truck accidents. This time limit begins on the date of your accident. To protect your right to compensation, it is essential to speak with an Appleton truck accident lawyer right away.
While three years might seem like ample time, building a strong truck accident case requires extensive investigation and preparation. If time runs out before you can file your lawsuit, the court will most likely dismiss your case, regardless of how strong your case is. There are exceptions to this deadline, but they are rare.
How Are Truck Accidents Different from Car Accidents?
When massive commercial vehicles collide with passenger cars, the results can be catastrophic. The aftermath can be overwhelmingly complex when compared to traditional car accidents, introducing new legal and regulatory challenges.Â
Commercial trucks can weigh up to 80,000 pounds—much heavier than passenger vehicles. This can result in catastrophic damage and more severe injuries. As a result, victims can experience higher medical costs and longer recovery periods, which often leads to higher settlements.Â
While car accidents typically involve negotiating with a single insurance company, truck collisions might implicate the trucking company, vehicle manufacturer, maintenance provider, cargo loader, and other entities. Each party has its own insurance coverage and legal representation, creating a complicated web of negotiations.
Federal regulations add another layer of complexity. The Federal Motor Carrier Safety Administration (FMCSA) enforces strict rules governing everything from driver qualification and hours of service to vehicle maintenance standards. You will need to carefully assess these regulations and the company’s records to identify any violations that may have occurred, such as logbook falsifications or skipped safety inspections.
Commercial vehicles contain valuable data systems like electronic logging devices, GPS tracking, and engine control modules that record information about the truck before and during the crash. You will need to quickly secure this evidence before the company can alter or dispose of these records.
Get Help from a Truck Accident Lawyer in Appleton
When truck accidents disrupt your life, having experienced legal representation matters. At Cannon & Dunphy S.C., our Appleton truck accident attorneys bring deep knowledge and passionate dedication to every case. We handle the legal work while you concentrate on healing.
Contact us today at (262) 668-8884 to schedule a free consultation and begin planning your next steps. Â