Truck Accident Claims Frequently Asked Questions

Trucks transport goods from state to state and are a necessary part of the nation’s economy. However, accidents involving a tractor trailer truck can be devastating. The types of trucking accidents that occur on Milwaukee’s roads and highways include:

Wide Turn Accidents – If a truck driver first turns to the left before making a right turn, it causes the truck to make a “wide turn.” This type of accident can cause damage to vehicles traveling behind the truck, or in the lane on the right side of the truck. Wide turn accidents often occur when a large truck attempts to navigate narrow city streets that are not designed to accommodate the tractor-trailer’s size.

Rollover Accidents – Rollover accidents occur when a truck driver fails to operate a vehicle safely. When a truck driver is speeding and hits a guardrail, curb or uneven ground, it may cause the truck to roll over. Driving too fast for road conditions is a common factor in rollover truck accidents. If a tractor-trailer or cargo tanker is not loaded properly, or imbalanced, the cargo can shift when rounding a curve, causing the truck to turn over.

Rear-End Accidents – Large trucks are much heavier than passenger vehicles. Because of their weight, 18 wheelers require more distance to stop safely. If a truck is speeding and has to make a sudden stop, often it cannot do so and will collide with the vehicle in front of the truck. Rear end accidents often involve fatigued or distracted drivers who are not alert to changes in traffic conditions.

Jackknife Accidents – A jackknife accident occurs when a tractor-trailer brakes too hard, causing the trailer to skid forward and form a 90-degree angle with the tractor, similar to a folding pocketknife.

Under Ride Accidents –Due to the difference in size between a tractor-trailer and a car, a car can become lodged underneath a truck trailer, causing severe injuries to the automobile occupants. Under ride accidents may occur in rear end or side impact collisions, if the truck does not have under ride guards or the guards fail.

If the truck’s cargo is not properly loaded and secured on the trailer, it can fall onto the road as the truck is moving, creating a highway hazard to other vehicles. This type of accident can be very serious if a truck loses its load while moving at a high speed on an interstate.

Weather contributes to a higher number of motor vehicle accidents in Wisconsin and other areas of the country that experience winter driving conditions.

Commercial trucks have schedules to maintain and delivery deadlines to meet. Sleet and snow and poor weather conditions do not keep trucks off the road in Wisconsin. If a truck driver fails to drive at a safe speed for the road and weather conditions, the trucker may lose control of the vehicle on slick roads.

Truck drivers who have a commercial driver’s license are legally required to exercise high levels of caution in cold weather conditions. Their failure to do so may be evidence of negligence in the event of a personal injury accident. 

Yes, according to the National Highway Traffic Safety Administration, fatigued and overworked drivers are a common cause of commercial trucking accidents.

Truck drivers may disregard the rules requiring them to take rest brakes, and drive while dangerously fatigued. Drowsy drivers are dangerous drivers and may fail to react in time to avoid causing an accident.

Truck drivers who violate hours of service limits may be held liable for the accidents they cause. 

If you were involved in an accident with an 18-wheeler tractor-trailer, here is what you should do:

• Check to see if you are injured, or if any of the occupants of your vehicle were injured.
• Next, you should call 911 and request an ambulance if needed.
• While you wait for the police and the ambulance, it is safest to remain in your vehicle. However, if you are able, and it is safe to do so, you can check to see if the occupants of the other vehicle need assistance.
• It is very important that you do not move your vehicle until emergency personnel arrive on the scene.
• If you are able, take photographs of the truck accident scene and damage to both vehicles.
• Exchange insurance and registration information with the other drivers involved. But do not discuss how the accident occurred with the other driver. Give your statement to the investigating police officer.
• Report the accident to your insurance company within a day after the accident.
• Obtain a copy of the police report to make sure that all the information you provided to the police is correct.
• Contact a truck accident lawyer in Milwaukee so that you can understand what rights you have moving forward.

The most common mistake after a truck accident is failing to report the accident to the police or leaving the scene of the accident. If you fail to report the accident to the police, then it will be your word against that of the other driver. It will be more difficult to file a claim against the other driver because there will be no documentation of how the crash occurred. If a driver leaves the scene of an accident in which serious injuries occurred, the police may charge the driver.

Make sure you avoid these mistakes by following our truck accident checklist.

Other common mistakes that are made after a truck accident include:

• Apologizing to the other driver or accepting blame
• Failing to document how the accident occurred
• Posting photos and other information about the accident on your social media accounts
• Waiting too long to seek medical care, making it more difficult to link your injuries to the accident
• Waiting too long to contact a truck accident attorney in Milwaukee.

Commercial truck owners are required to carry higher amounts of liability insurance than the average car owner is required to purchase. For example, in most states, commercial truck companies are required to insure their trucks for a minimum of $1 million. That means the stakes are higher, and insurers will move aggressively to limit their liability.

Multiple parties may share liability in a truck accident, including the truck driver, the trucking company, a cargo shipper and the company that loaded the trailer. Each may have separate insurance coverage. The insurance companies will try to minimize the amount of any settlement and may dispute liability or try to shift the liability to others involved. This can make a commercial truck accident much more complicated to resolve than a regular automobile accident. 

If you were involved in a tractor-trailer accident in Milwaukee, the attorneys at Gruber Law are ready to help. You should call a truck accident attorney in Milwaukee as soon as you can following your truck accident.

It is crucial that you contact an experienced truck accident attorney so that the attorney can investigate the accident and gather evidence as quickly as possible. This may include locating and speaking to witnesses, gathering documents, taking photographs and obtaining any security camera footage if available.

Your Milwaukee truck accident attorney can help you seek a successful resolution of your claim against the trucking company and others involved. 

Personal injury lawsuits arise out of tractor-trailer accidents when there is one or more persons injured as a result of the negligence of the truck driver and trucking company. People injured in truck accidents caused by others may sue for damages such as pain and suffering, medical expenses, lost wages, and property damage.