Imagine you're driving along a busy highway in Madison when suddenly, an 18-wheeler veers into your lane and sideswipes your vehicle. In an instant, your whole world changes as you deal with painful injuries, costly medical bills, and time away from work.
As experienced Madison truck accident lawyers, the legal team at Hupy and Abraham understands the devastating impact of serious trucking accidents. We also know that the process of seeking compensation can look very different depending on whether your crash involved an interstate truck or a local delivery vehicle.
In this article, we'll take a closer look at the key differences between interstate and local trucking accidents, including jurisdiction issues and specific challenges accident victims may face when pursuing an injury claim or lawsuit. Armed with this knowledge, you can make more informed decisions about protecting your legal rights after a serious crash.
Federal vs. State Regulations
One of the most significant differences between interstate and local trucking accidents is the set of regulations that apply. Interstate trucking companies and their drivers must follow strict federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These rules govern everything from truck maintenance to driver qualifications to hours-of-service limits.
However, local delivery trucks that operate exclusively within Wisconsin state lines are subject to state-specific regulations. While Wisconsin has adopted many federal trucking regulations, there may be some variations in rules related to vehicle inspections, cargo securement, and other safety standards.
When interstate trucking regulations have been violated, accident victims may have an easier time proving negligence and liability for a crash. Working with knowledgeable Madison truck accident attorneys can help you determine which rules and regulations are most relevant to your case.
Differences in Insurance Coverage
Another key difference between interstate and local trucking accidents is the amount of insurance coverage that may be available. Interstate trucking companies are required by federal law to carry a minimum of $750,000 in liability insurance for bodily injury and property damage. Many interstate carriers have policies with much higher limits.
On the other hand, local trucking companies may only be required to meet Wisconsin's minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury. If a local delivery truck causes a crash with severe injuries, accident victims may quickly exceed these policy limits.
Determining all potential sources of insurance coverage after a trucking accident is a complex process. It may involve dealing with multiple insurance companies and filing claims against the truck driver, trucking company, cargo owner, and other negligent parties.
Proving Negligence and Liability
Building a strong truck accident case requires a thorough independent investigation to uncover evidence of negligence. However, interstate and local trucking accidents can present very different challenges during the investigation process.
In an interstate trucking case, your legal team must dive deep into the trucking company's records to find evidence of FMCSA violations. This may include examining driver logs, inspection reports, black box data, and other documentation. Your lawyer will also need to be well-versed in federal trucking regulations.
Local trucking accident investigations may focus more heavily on proving that the truck driver or company violated Wisconsin traffic laws or trucking industry standards. Witness interviews, accident scene evidence, and expert witness statements are often critical to demonstrating liability.
Regardless of whether you're dealing with an interstate or local trucking company, it's important to act quickly to preserve vital evidence before it is lost or destroyed. Trucking companies may lose or destroy records if they are not notified of your injury claim promptly.
Navigating Jurisdiction Issues
Jurisdiction can be a tricky issue in any truck accident case, but it's often even more complex in crashes involving interstate trucking companies. In some situations, accident victims may have multiple options for where to file an injury lawsuit.
For example, if you live in Madison but were hit by an interstate truck driver from Indiana, you may be able to file suit in a Wisconsin state court, an Indiana state court, or even a federal court. The best option for your case will depend on various factors, including the location of evidence and witnesses.
In some interstate trucking cases, the trucking company may try to move the case to a jurisdiction that is less convenient for the accident victim or that has more favorable laws to the defense. A seasoned Madison truck accident lawyer can fight these tactics and work to keep your case in a favorable court.
Put Experience and Dedication on Your Side
After any serious Madison trucking accident, your choice of legal representation can have a dramatic impact on the outcome of your case. You need a law firm with the experience, resources, and tenacity to stand up to powerful interstate and local trucking companies.
At Hupy and Abraham, S.C., we have a long track record of success handling complex truck accident cases. Our Madison injury lawyers will leave no stone unturned in fighting for the full compensation you deserve. We offer free initial consultations and handle cases on a contingency fee basis, so you won't owe any attorney fees unless we win your case. Together, we will work to hold negligent truck drivers and trucking companies accountable and demand justice for you and your family.