How a Truck Accident Lawyer Can Help You
Personal injury cases involving serious truck crashes can be complex, involving multiple parties and state and federal regulations. The experienced truck accident lawyers at Gingras, Thomsen & Wachs will determine liability and fight for the compensation you deserve.
Being involved in a serious accident with a semi-truck can be life-changing. Because of their size and weight, semi-trucks often cause catastrophic injuries, extensive damage, and even fatalities. But unlike a typical car accident, determining who is legally responsible in commercial trucking cases is often complicated.
An experienced truck accident lawyer understands that truck crashes frequently involve multiple parties and extensive investigations. Federal trucking regulations can make these cases even more complex.
At Gingras, Thomsen & Wachs, our experienced attorneys across Wisconsin know how to uncover the evidence needed to hold responsible parties accountable. We fight for the compensation injured victims deserve.
Why Liability Is More Complex in Truck Accidents
In many car accidents, liability falls on one or both drivers. In commercial trucking cases, however, responsibility may extend well beyond the person behind the wheel.
Depending on the circumstances, liable parties may include:
- The truck driver
- The trucking company
- Cargo loading companies
- Maintenance providers
- Parts or vehicle manufacturers
This type of multi-party liability is one reason why working with an experienced commercial truck accident lawyer is so important. If you have been injured in a truck accident, holding every responsible party accountable can increase your compensation.
The Truck Driver’s Responsibility
Truck drivers must safely operate their vehicles while following Wisconsin traffic laws and Federal Motor Carrier Safety Administration (FMCSA) regulations. A knowledgeable truck accident injury lawyer investigates the truck driver’s actions before and during the crash. This determines whether driver negligence contributed to the collision.
Driver negligence may involve:
- Distracted driving
- Speeding
- Fatigue
- Impaired driving
- Violations of hours-of-service rules
A history of CDL traffic violations or repeated safety infractions may also strengthen injury or wrongful death claims.
Determining the Trucking Company’s Liability
Trucking companies are responsible for more than simply hiring drivers. They must ensure the drivers they hire are qualified and enforce safe operating practices. They must also properly maintain their fleet to guarantee their trucks are safe for the road.
If the company fails to follow proper procedures and a truck accident occurs, this could be corporate negligence. Examples include:
- Hiring unqualified drivers
- Failing to properly train employees
- Ignoring maintenance issues
- Encouraging unrealistic delivery schedules
- Allowing drivers to violate federal trucking regulations
A skilled trucking accident lawyer ensures there is a thorough investigation into whether company policies or safety failures contributed to the crash.
Investigating Cargo Loaders and Mechanical Failures
Not every trucking accident is caused by driver error or failures by the trucking company. Improperly loaded cargo can shift during transit, causing rollovers, jackknife accidents, or loss of vehicle control. If a third-party cargo company failed to secure the load properly, the cargo company may share responsibility.
In addition, mechanical failures can contribute to serious crashes. Defective brakes, tires, steering systems, or other components may create liability for a manufacturer, distributor, or maintenance provider. Your semi-truck accident lawyer should work closely with experts to determine whether equipment failure played a role.
Preserving Critical Evidence
Time is of the essence when dealing with commercial trucking cases. Evidence that can support your case can disappear quickly if it is not preserved immediately.
Important evidence often includes:
- Driver logbooks and electronic logging device records
- Black box (event data recorder) information
- GPS and dispatch records
- Maintenance and inspection reports
- Driver qualification files
- Dash camera footage
Much of this evidence remains in the trucking company’s possession. The best truck accident lawyers take steps to prevent critical records from being destroyed during the investigation.
Attorneys also often work with accident reconstruction specialists, engineers, and medical experts to determine exactly what happened, including whether the company complied with FMCSA regulations. These efforts often uncover evidence of corporate negligence that would otherwise remain hidden.
Standing Up to Corporate Insurance Companies
Trucking companies typically carry large insurance policies and are represented by experienced defense attorneys almost immediately after a crash. These corporate insurance companies often begin building their defense within hours.
Choosing a legal team with experience handling personal injury litigation in trucking accidents can make a significant difference. Experienced lawyers know how to negotiate with insurers and pursue compensation for medical expenses, lost wages, pain and suffering, and future care needs.
When a trucking collision results in a fatality, surviving family members may also have the right to pursue wrongful death claims.
Contact an Experienced Wisconsin Truck Accident Lawyer
Determining liability after a trucking accident requires immediate action, careful investigation, and a thorough understanding of state and federal trucking regulations.
The attorneys at Gingras, Thomsen & Wachs have decades of experience investigating complex truck accidents and securing compensation for clients in Milwaukee, Madison, Eau Claire, and Waukesha. If you or a loved one has been injured in a commercial truck crash, contact our team today to speak with an experienced truck accident lawyer about your legal options.
