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Why Are Truck Accident Cases So Complex?

The Wisconsin truck accident lawyers at Studinski Law, LLC have helped clients throughout the state pursue justice in a wide range of cases. While no motor vehicle claim is easy, cases involving tractor-trailers and other large commercial vehicles can be more complex than those involving only passenger vehicles.

Trucking companies – and their insurers – take truck accident claims very seriously. They act quickly to investigate accident scenes and build cases to protect their best interests. If you were involved in a collision with a big rig, you need experienced counsel on your side as quickly as possible. A knowledgeable attorney can stand up against big trucking companies and pursue the full and fair compensation to which you may be entitled under the law.

5 Common (and Complex) Issues in Commercial Truck Accident Cases

Here are five examples of common issues in truck accident cases that an experienced lawyer will be able to help you overcome: 

1. Documenting the Accident 

When you are involved in a car accident, you may be able to document the accident fairly well by snapping some photos and taking a few videos at the scene. But, when you are involved in a collision involving a large commercial truck, documenting the accident can be much more challenging. Not only is there simply much more to capture, but there are also more potential causes that you need to document as well. 

While it is good to take photos and videos if you can, it is most important that you hire an attorney to investigate the facts in your case as soon as possible. A Wisconsin truck accident lawyer will know what exactly needs to be documented, and your attorney will be able to preserve all of the available evidence so he or she can use it to your advantage. 

2. Determining What Went Wrong

Truck accidents can result from a variety of causes that don’t come into play in other types of collisions. These include coupling issues, cargo issues, and truck defects—just to name a few. Trucks are also bigger and more complex than passenger vehicles. Combined, these factors can make it much more challenging to determine exactly what went wrong. 

3. Determining Who (or What Company) Was At Fault

Truck accidents also present some unique challenges when it comes to determining who (or what company) was at fault. To illustrate, let’s consider the common scenario of a large commercial truck rear-ending another vehicle. In this scenario:

• The truck driver could be at fault for being careless, distracted, or intoxicated; 
• The trucking company could be at fault for hiring an unqualified driver or failing to perform necessary truck maintenance; 
• The truck manufacturer could be at fault for manufacturing defective brakes; 
• The shipping company could be at fault for overloading the truck’s shipping container; or, 
• A dealership or repair shop could be at fault for performing a negligent brake job. 

Even these are just examples—there are multiple other possibilities as well. But, determining fault is critical, as it points you in the direction of who you need to sue to recover your accident-related losses. 

4. Determining What Company Is (or What Companies Are) Liable 

In the case of a commercial truck accident, the party that is at fault is not necessarily the party that is liable. For example, if you were injured (or a loved one was tragically killed) by a negligent truck driver, the truck driver’s employer may be liable for your family’s losses. It is also very possible that multiple companies (i.e., the trucking company and the truck manufacturer) could share financial responsibility for your injuries or your loved one’s death. If this is the case, you may need to pursue multiple claims in order to recover full compensation for the financial and non-financial costs of the accident. 

5. Calculating Your Long-Term Costs and Negotiating with the Insurance Companies

Speaking of costs, calculating your long-term costs after a serious truck accident can also be especially challenging. This is because truck accidents are more likely to cause severe and disabling injuries than collisions between smaller cars, pickup trucks, and SUVs. If you suffered injuries that will impact the rest of your life, it will be critical for you to work with an experienced attorney who can accurately calculate your losses, negotiate effectively with the insurance companies, and fight for just compensation in court if necessary. 

Talk To a Wisconsin Truck Accident Lawyer for Free

Have you been seriously injured or lost a loved one in a commercial truck accident? If so, you need to work with an experienced attorney who can help you recover the financial compensation you deserve.

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Contact Studinski Law, LLC today online or at (715) 343-2850 for a free case review. Our firm serves clients in Marshfield, Plover, and all areas of Wisconsin.