Truck Accident Lawyer in Green Bay
Because semi-trucks are so large and heavy, truck accidents cause severe injuries.
If a truck accident injures you or a loved one, you may be entitled to compensation. Consider hiring an attorney to help you prove the other party’s negligence and recover damages.
A Green Bay truck accident attorney from Nicolet Law Accident & Injury Lawyers may help you build your case and obtain fair compensation. Take advantage of a free consultation to evaluate your case by calling us now.
Who Is Responsible for a Truck Accident?
Before recovering damages, you must first determine liability. While it may seem obvious who caused the truck accident, you might hold several parties liable.
- Truck driver - If the truck driver is running a personal errand at the time of the accident, they may be personally responsible for your injuries. In that case, you might file a claim with the truck driver’s private auto insurance. Or, if the truck driver does not have insurance, you might seek compensation from them- directly.
- Trucking company - While the driver may be responsible for causing the accident, the trucking company can be liable for damages. If the driver was on the job at the time of the accident, you might file a claim with the trucking company’s insurance company.
- Manufacturer - Truck manufacturers must build safe vehicles. If a manufacturer installs a faulty part, like bad brakes or steering column, they could be liable for the accident.
- Cargo loaders - Improperly loaded cargo could shift and cause the truck to roll over. In these cases, the cargo loading company could be liable.
- Government entity - The Green Bay local government or state government might be responsible for an accident if an improperly maintained road causes the truck to crash. Special procedures exist for pursuing compensation from a government entity.
To determine liability, Nicolet Law Accident & Injury Lawyers can:
- Find corresponding evidence.
- Obtain witness testimony.
- Collect and study the police report.
- Deeply explore the truck driver’s driving history.
- Evaluate the trucker’s condition and mental state at the time of the collision.
- Check the truck’s maintenance history.
- Figure out whether the truck operated within legal weight limits.
With an experienced Green Bay personal injury attorney on your team, you can avoid mistakes, determine responsibility, and pursue the justice you deserve.
What Damages Can You Seek in a Truck Accident?
Even the lightest commercial truck can be heavier than a personal car. That is why trucking accidents are usually more severe than regular road collisions.
Common injuries sustained in such crashes include:
- Back and neck injuries
- Spinal cord injuries
- Traumatic brain injuries (TBI)
- Broken bones and lacerations
The majority of these injuries require long-term treatment. They can change a person’s life for months or even years. Seeking economic and non-economic damages can help victims get proper treatment and get their lives back on track after a disastrous accident.
Victims often seek:
- Medical expenses: Victims often seek coverage for past and future medical costs incurred due to the accident, including physical and mental treatments. In some cases, people may require medical attention and prescription medication for the rest of their lives.
- Rehabilitation: After receiving immediate treatment, victims may need rehab. Medical professionals determine the duration of this rehabilitation.
- Lost wages: If victims lost work because of the accident, they could seek lost wages. If their injuries prevent them from making as much money as before, they can also seek loss of earning capacity.
- Household services: People who sustain severe injuries may need assistance with household tasks. They can seek compensation for the cost of hiring someone else to take care of household functions.
- Property damage: Victims can seek compensation for any damage to their vehicle or personal belongings.
In addition to economic damages, victims can seek non-economic damages. They usually include pain and suffering, mental anguish, loss of consortium, and loss of enjoyment of life. Estimating the value of non-economic damages can be tricky since they do not have a preset value.
Calculating non-economic damages is partially subjective, and presenting as much evidence as possible helps your case.
In some cases, you can also pursue punitive damages. However, the Wisconsin legislature caps punitive damage awards at $200,000 or twice the compensatory damages the plaintiff recovered. However, this cap does not apply if the other party drove while intoxicated. A lawyer can help you gather evidence and obtain expert witness testimonies to prove that you sustained damages and establish your need for compensation.
When Can I File a Lawsuit After a Truck Accident?
After sustaining a truck accident injury, you can file a claim or lawsuit immediately. However, many people don’t take immediate legal action because they feel overwhelmed with physical and emotional pain.
In Wisconsin, you only have three years to file a personal injury claim after the accident. Although some exceptions to the statute of limitations exist, you will most likely lose your case if you wait until after three years to file.
While three years seems like a long time to file a claim, you should not wait. As time passes, evidence gets harder to gather. Meanwhile, witnesses and the defendant may move out of town or forget what happened. These factors can make building your case more complicated.
When Should I Contact a Truck Accident Attorney in Green Bay?
Consider contacting a truck accident attorney immediately after an accident. While you should first protect your health and safety, the second step is to get legal representation.
A truck accident attorney can provide immediate legal assistance that includes:
- Advice on how to gather evidence
- Explanation of your rights
- Evaluation of the truck driver’s and truck’s condition
- Prevention of any unnecessary statements to insurance companies
Important: You are not obligated to make any statements to the other party’s insurance company on the spot. Do not talk to the insurance company until you speak to an attorney.
If you didn’t call an attorney immediately after the crash, don’t worry. Even after an accident, a lawyer can still help you gather evidence and build a case. Just make sure you do not wait too long, so you do not lose your right to file a claim altogether.
When Will I Have to Go to Court?
Not all truck accident claims end up in court. The majority of cases settle outside the courtroom.
The at-fault party’s insurance company can offer a settlement, which you can negotiate. A truck accident lawyer can help you do this.
If negotiations fail or the insurance company offers an unfair settlement amount, your lawyer might decide to take your case to court. Cases might also go to court if the truck driver doesn’t have insurance; in that case, you would need to sue them directly for compensation. A lawyer might also decide to go to court if the truck driver’s or truck company’s insurance limits are too low to cover your damages.
Going to court to get fair compensation is hard if you do not have legal representation. You would need to handle complicated court filings and present your case to the judge or the jury on your own.
Without legal experience, it can be hard to argue your case but easy to make mistakes. A small error could cause you to lose the case. A truck accident attorney can represent you in court and do everything possible to help you recover damages, saving you time and worry.
What Happens if Someone Dies in a Truck Accident?
If you lose a loved one in a truck crash, you can file a wrongful death claim against the negligent party. In Wisconsin, the statute of limitations for this type of claim is two years. The deceased person’s personal representative or the person who would receive any amount recovered can bring a wrongful death claim. Usually, this is a spouse or child of the deceased person. Contact the legal team at Nicolet Law Accident & Injury Lawyers to find out whether you can bring a wrongful death claim on your loved one’s behalf.
Will the truck driver face criminal charges?
If your loved one dies in a truck accident, the truck driver may face criminal charges like vehicular manslaughter. The local district attorney decides whether to charge the trucker. Whether or not the driver faces criminal prosecution does not affect your claims process.
Do I Need to Hire a Truck Accident Attorney in Green Bay?
To receive compensation after a truck accident, you must:
- Prove another party’s negligence.
- Provide sufficient evidence to back your case.
- File all the necessary documents on time.
- Negotiate with the insurance company or take your case to court.
Small mistakes, missed deadlines, poorly collected evidence, and a lack of negotiating skills could hurt your case.
When people recover from injuries or grieve the death of a loved one, they rarely have sufficient time and endurance to battle insurance companies and argue cases in court. At-fault parties’ legal teams take advantage of the situation to minimize the payout.
In Wisconsin, over 6,000 semi-truck accidents occur every year, killing over 60 people. That gives truck accident lawyers like ours a lot of practice dealing with these complicated claims. With our experienced truck accident lawyers on your side, you can delegate all legal matters to our legal professionals and get valuable assistance throughout the case.
Why Choose the Green Bay Truck Accident Legal Team From Nicolet Law Accident & Injury Lawyers
Expertise, experience, and a personal approach are keys to winning truck accident cases. The legal team from Nicolet Law Accident & Injury Lawyers has over 15 years of experience helping clients seek the money they deserve.
Our lawyers aren’t just top-notch professionals. They have been an active part of the Green Bay community, with several having been raised in the Green Bay area. We know that each client is different and requires a personalized approach. That is why our clients get extensive individual attention and a custom-tailored case plan.