You've been seriously injured in a devastating truck accident on I-94 near Milwaukee. As you struggle to recover, you learn that the truck driver is claiming you caused the crash. Suddenly, you're facing the possibility of being held liable for the trucking company's damages in addition to your own mounting medical bills.
At Hupy and Abraham, S.C., our Milwaukee truck accident attorneys understand the confusion and frustration that comes with being wrongly blamed for a crash. We know the tactics trucking companies use to avoid responsibility and have a proven track record of helping victims fight back against false liability claims. Let us put our experience to work for you.
Determining Fault in Wisconsin Truck Accidents
In Wisconsin, truck accident cases operate under a fault-based system. This means the party responsible for causing the crash is liable for the resulting damages. Gathering evidence supporting your version of events is crucial when liability is disputed.
Police Reports and Citations
Police reports can provide valuable insight into an officer's perspective on fault. This can bolster your case if the truck driver was cited for a violation like speeding, reckless driving, or hours of service breaches.
However, initial police reports aren't always conclusive. To build a strong case, it may be necessary to obtain dashcam footage, black box data, or further witness statements.
Witness Statements
Impartial witnesses can provide valuable testimony about how the accident occurred. Collecting contact information from anyone who saw the crash is essential. Your attorney can work with accident reconstruction experts to interview witnesses and piece together a detailed picture of events.
Physical Evidence and Expert Analysis
Physical evidence from the accident scene, such as skid marks, vehicle damage, and debris patterns, can help specialists recreate the moments leading up to the crash. Trucking industry experts can also identify potential regulatory violations related to vehicle maintenance, cargo loading, or driver qualifications that may have contributed to the accident.
How a Truck Accident Lawyer Can Help Prove Your Case
When you're facing false liability claims after a truck accident, having an experienced attorney on your side can make all the difference. Your lawyer can:
- Conduct a thorough investigation. A skilled attorney will gather and preserve crucial evidence, interview witnesses, and consult with accident reconstruction specialists to build a strong case on your behalf.
- Handle communication with the trucking company and their insurer. Trucking companies often have teams of lawyers working to protect their interests. Your attorney can level the playing field by communicating with these parties on your behalf, ensuring your rights are protected.
- Identify all potential sources of compensation. In addition to the truck driver's liability policy, there may be other avenues for recovery, such as the trucking company's insurance or third-party claims against manufacturers. Your lawyer will explore all options to maximize your compensation.
- Negotiate skillfully on your behalf. Insurance companies often offer lowball settlements, hoping accident victims will accept less than they deserve. An experienced truck accident attorney can negotiate strategically to secure a fair settlement that accounts for all your damages.
- Represent you in court if necessary. If the trucking company refuses to offer a reasonable settlement, your lawyer can take your case to trial and fight for a favorable verdict.
Preserving Your Rights Through Prompt Legal Action
Wisconsin's statute of limitations for personal injury claims is typically three years from the accident date. However, consulting with a knowledgeable truck accident attorney as soon as possible is essential. Trucking companies often have rapid response teams that arrive at the scene quickly to gather evidence to minimize their liability.
By involving an attorney early in the process, you can ensure your rights are protected. Your lawyer can communicate with the trucking company and their insurer on your behalf, preventing you from saying something that could be used against you later. They can also take steps to preserve critical evidence before it's altered or destroyed.
Exploring All Avenues of Recovery
Even if you're found partially at fault for the accident, you may still be entitled to compensation under Wisconsin's comparative negligence laws. As long as you're not more than 50% responsible for the crash, you can recover damages reduced by your portion of liability.
Your Milwaukee truck accident lawyer will thoroughly investigate all potential sources of compensation. This may include the truck driver's liability policy, the trucking company's insurance, and even third-party claims against vehicle or parts manufacturers if defective equipment contributed to the crash.
Case Results: Fighting for Justice
At Hupy and Abraham, S.C., we have a strong history of standing up for truck accident victims. One recent case involved a couple whose vehicle collided with a semi-truck that was making a left turn over a hill. The passenger was tragically killed, and the driver faced accusations of causing the accident due to marijuana use and speeding.
Attorney Todd Korb took on the case after another lawyer dropped it. Through diligent discovery, he uncovered that the truck driver had sleep apnea and admitted he was tired and didn't see the other vehicle. At mediation, the insurance company agreed to a $750,000 settlement.
We’re committed to fighting for justice, even when liability is initially disputed. We dig deep to uncover the facts and hold negligent parties accountable.
Consult With Our Milwaukee Truck Accident Lawyers Today
If you've been wrongly accused of causing a truck accident in Milwaukee or elsewhere in Wisconsin, don't face the trucking company alone. The skilled legal team at Hupy and Abraham, S.C. is ready to fight for the compensation you deserve.
As the Midwest's largest personal injury law firm, we have the resources and experience to take on complex truck accident cases. We've recovered over $1 billion for our clients and are dedicated to providing the highest level of service.
