I Was Injured in by a truck in an auto-accident.  What do I do?

First, you need to seek medical care for the injuries you sustained in a motor vehicle accident with a truck.  Next, call Padway & Padway Law Offices.  Our personal injury lawyers are experienced in the process and ready to assist you during this stressful time.  We know how to guide you through the auto-accident claim process so that you can focus on healing.  Our goal is twofold, make your life easier during this difficult time and make sure you are fairly compensated for both your injuries and your property damage. 

Should I give a statement to my insurance company?

You should first speak to a lawyer before providing a statement to your insurance company or an at-fault party’s insurance company.  If you are contractually obligated to give a statement to your insurance company, the lawyers at Padway & Padway will schedule a time and be there with and for you when that occurs.  Oftentimes, insurance companies will take statements in order to use them against you in the claim process.  You need an experienced attorney to guide you though this process so that your rights and our claim are protected.

What types of compensation can I receive for my injuries in an auto-accident with a truck?

You are entitled to compensation for past and future medical expenses such as emergency medical care, physical therapy care, chiropractic care, surgical care, and more. 

You are entitled to compensation for pain and suffering, this can be both short term and long-term pain and suffering as a result of the truck accident. 

You are entitled to compensation for lost wages.  This means that you are entitled to be reimbursed for missed work due to injuries or treatment because of the accident.

You are entitled to compensation for property damage.  If your vehicle is damaged, you are entitled to the cost of repair.  In the event your vehicle is deemed a total loss, you are entitled to the value of the vehicle at the time of the auto-accident.

You are entitled to compensation for loss of consortium, meaning the nature of the injuries effects your ability to maintain a relationship.

You are entitled to burial costs in the traffic event that you or a loved one does not survive the auto-accident.

You are entitled to out-of-pocket expenses such as gas costs for medical appointments, childcare expenses, housekeeping help, car rentals, Uber or Lyft costs, and more. 

You are entitled to emotional distress, such as anxiety, fear, post-traumatic stress disorder, depression, and psychiatric care because of the truck accident.

What types of trucks are there in Wisconsin?

Wisconsin has many types of trucks that traverse our roads and highways.  There are different laws utilized for the various types of trucks.  The following are common truck types that are involved in auto-accidents in Wisconsin.

Day Cab Trucks – These are common types of trucks often paired with a commercial trailer and used to haul goods.

Sleeper Trucks – These are trucks designed to two a commercial trailer in the same way that a day cab truck is used; however, these trucks have sleeper cabins for the driver.

Hydrovacs – These trucks are specialized commercial trucks used to remove earth, clay, soil, ice, gravel and more.  These types of trucks are commonly used by utility companies, construction business, and oil and gas companies.

Car Haulers – These trucks are used to haul vehicles on the roads.  The car haulers accommodate multiple cars per load and feature a combined trailer and tractor.

Box Trucks – These trucks have separate, box like cargo areas that sit on the frame.  The box portion is separate from the cab and the cargo areas cannot be accessed from the cab. 

Dump Trucks – These trucks are designed to transport loads of goods such as sand and gravel from one place to another.  A key benefit of a dump truck is that it makes unloading these materials efficient through the use of hydraulics.

Flatbed Trucks – These trucks have a large open air bed.  These are the best types of trucks are often used for oversized hauling.

Cargo Van – A cargo van is a one piece vehicle that is used to transport cargo.  These vans are frequently observed being used by companies such as Fed-Ex and UPS.

What are some of the unique issues associated with truck accident cases?

There are a variety of unique factors at play in a trucking accident case.  This is why you need more than an ordinary personal injury attorney to handle your claim.  The following are some examples of unique issues pertaining to trucking accident cases.

Type of License – Not anyone can drive a truck.  Truck drivers are required to have a commercial driver’s license for vehicles that weigh greater than 26,000 pounds.  There  are four different classes of commercial driver’s licenses, Class A, Class B, Class C, and Class D, and the appropriate class depends on the type of truck and the weight of the truck.

Hours of Service – There are regulations on the number of hours a truck driving can operate a truck.  To keep roads safe, a truck driver cannot drive: (a) more than 11 cumulative hours following 10 consecutive hours off duty; (b) after the 14th hour after having come on duty following 10 consecutive hours off duty; (c) after having been on duty 60 hours during a period of 7 consecutive days if the carrier does not operate commercial motor vehicles every day of the week; and (d) after having been on duty 70 hours during a period of 8 consecutive days if the carrier does not operate a commercial moto vehicle every day of the week,

Weight Limits – There are weight limits for trucks that must be complied with in order to keep drivers safe on the road.  Trucks that disobey those limits, and those that load them, can be held liable for your injuries.

Insurance Coverage Requirements – Both Wisconsin State and Federal Law requires trucking companies to carry a minimum amount of insurance coverage.  For trucks that weight greater than 10,000 pounds, and that carry non-hazardous material, the amount of minimum coverage is $750,000.00.  For trucks that carry hazardous material, the minimum coverage is $1 million or greater depending on the situation.

Record Keeping Requirements – Drivers and trucking companies must keep records of status and log books to ensure they and/or their drivers are following Wisconsin trucking regulations.

What role does auto-insurance play in this process?

Your auto-insurance policy exists to both insulate you should you be at-fault for a truck crash and to compensate you for damage to your vehicle and your injuries because of a truck crash.  Your policy provides coverage to the named insured, spouse, or other relatives living in the home, and anyone else that is authorized to operate your car, including in the event you are hit by someone without insurance.

The at-fault driver’s auto insurance policy is an avenue for you to recover for the damage sustained to your vehicle and the injuries you’ve sustained as a result of the accident.

Some of the important terms that can be found on the declarations page of your policy are as follows:

Bodily Injury Liability Coverage – If you cause an accident to another person, this coverage protects you from their claims up to the amount of coverage on your policy.  For instance, this covers another’s medical expenses, future and past pain and suffering, and medical expenses. 

Property Damage Liability Coverage – If you cause an accident to another person, this coverage protects you from their claims regarding damage to their vehicle up to the coverage amount on your policy.

Uninsured Motorist Coverage – If you are hit by another driver that does not have insurance, or if you are hit by a hit and run driver, this coverage allows you or family members to collect compensation for your injuries up to the coverage amount on your policy.  The minimum amount of coverage required by law is $25,000 per person and $50,000 per accident for bodily injury only.  It is recommended to carry more than the minimum coverage.

Underinsured Motorist Coverage – If you are hit by another driver that has auto insurance, but your injuries exceed the coverage amount on the at-fault driver’s policy, this coverage can be used to make you whole.  The maximum amount payable is the difference between the two limits.  For instance, if the at-fault driver’s bodily injury liability coverage is $50,000 per person, and your underinsured motorist coverage is $200,000, then you can recover $150,000 in underinsured motorist coverage.  However, using the same example, if you underinsured coverage is $50,000, then you would not be able to collect under your underinsured Motorist Coverage because the difference between your coverage and the at-fault driver’s coverage is 0.

Medical Payment Coverage – This coverage pays medical or funeral expenses.  Medical Payment Coverage usually covers only those payments not covered by health insurance.

Collision Coverage – This coverage pays for physical damage to your vehicle because of an accident.  You are entitled to an amount equal to the cost of repair of your vehicle.  However, if the cost of repair of your vehicle is greater than the value of your vehicle prior to the accident, then your vehicle is deemed a total loss and you are entitled to the value of your vehicle at the time of the accident. 

Comprehensive Coverage – This coverage pays for physical damage to your vehicle because of fire, vandalism, water, hail, glass breakage, wind, falling objects, deer and more.

Don’t worry if this is a lot of information.  The personal injury lawyers at Padway & Padway will obtain copies of all the insurance policies applicable to your auto-accident to make sure you receive all the compensation you are entitled to under the law.

What role does health insurance play in a truck accident claim?

Your health insurance exists to make necessary medical care affordable to you.  Personal injury claims can take time to resolve, and it is important that you are getting all the treatment you need to recover from your injuries.  Ultimately, the lawyers at Padway & Padway will fight to get all your medical bills covered by the appropriate insurance policy.  Further, we can work to get these medical bills reduced which ultimately puts more money in your pocket at the end of the claim.

How is liability determined in a truck accident claim?

Determining who is at fault in an auto-accident sometimes requires the services of a highly skilled personal injury lawyer.  At Padway & Padway Law Offices, we are exactly that.  We will track down police reports, witness statements, surveillance footage, and use private investigators to make sure the at-fault driver is held accountable for the injuries you sustained because of their negligence.  This includes accidents caused by distracted driving, drunk driving, speeding or just not paying attention to the road. Our lawyers represent victims of many types of accidents, and we pursue the just compensation that you are entitled to receive.

What are the common types of truck accidents in Wisconsin?

Trucks are large vehicles that lead to unique types of accidents.  Some of the common types of truck accident collisions include, but are not limited to:

Jackknife Accidents – A jackknife accident occurs when a truck driver is forced to slam on his breaks which causes the trailer behind the truck to swing forward and create a 90-degree angle leading to collisions with other vehicles on the road.

Rollover Collisions – A rollover collision occurs when a truck driver loses control of the vehicle and the truck rolls onto its side often leading to a very dangerous situation for other drivers.

Wide-turn Collisions – A wide-turn collision occurs when a truck uses an extra lane occupied by another vehicle to make a turn.

T-bone Collisions – A t-bone collision occurs when a truck crashes into the side of a vehicle.  This can occur if the truck driver fails to yield to the right of way, falls asleep on the road, or any other combination of factors which causes this very serious and dangerous collision with vehicle operators that results in significant injuries or death.

Head on and Rear end Collisions – A head on or rear end collision are incredibly dangerous and often lead to serious injuries or death. 

What are common causes of a truck accident in Wisconsin?

Truck accidents occur for a variety of different reasons.  The personal injury attorneys at Padway & Padway Law Offices will investigate the cause of the accident to make sure you are fairly compensated.  Some common reasons include, but are not limited to:

Speeding – This occurs when a truck driver is traveling at a speed that is greater than is reasonable and prudent under the conditions. 

Inattentive Driving – This occurs when a truck driver is driving a truck while engaged or occupied by an activity other than operating the truck. 

Failure to Yield to Right of Way – This occurs when a truck driver fails to yield to another vehicle as is required by law. 

Operating While Intoxicated – This occurs when a truck driver operates a truck car while under the influence of an intoxicant, a restricted controlled substance, or with a prohibited alcohol concentration.

Truck defects – This occurs when an individual operates a truck that has a defective condition that inhibits the safe operation of the truck. 

Poor Weather – Trucks are heavy and travel in all types of weather conditions.  When the weather is bad the roads can be slick making it difficult for a truck driver to control the truck.  

Fatigued Driver – Truck drivers operate heavy trucks across state lines and for long periods of time.  A truck driver must ensure he is properly rested to keep roads safe.

I have more questions OR protect my rights as I go through the process?

Call the personal injury attorney’s at Padway & Padway Law Offices at 414-277-9800