Frequently Asked Questions About Truck Accidents

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If you have questions after a truck crash, you are not alone. Find out what questions others have asked our legal team by browsing our frequently asked questions and our responses to those questions. Here, you can learn important information about your rights and recovery.

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  • How do truck accidents result in respiratory injuries?

    A respiratory injury may not be the first type of injury that you think of when you think about truck accidents, but by now you know all too well that a respiratory injury can result from a truck wreck and that it can be very serious.

    How Your Breathing May Be Affected by a Truck Crash

    Generally, there are two different ways in which you can suffer breathing problems after a truck wreck. You may have breathing or respiratory injuries if:

    • You suffer a lung collapse in the collision. Trauma to the chest can result in a lung collapse, which is also known as pneumothorax. When this happens the lung cannot inflate as it normally does when you breathe. The pressure in your chest can interfere with the blood flow to your heart. In addition to difficulty breathing, you may experience a drop in blood pressure and your organs may be compromised. If you experience pain when breathing, rapid breathing, difficulty speaking, or any other symptoms of a chest or lung trauma, then it is important to get prompt medical attention. Medical treatment, including hospitalization, may be needed to release the pressure in your chest, to allow you to breathe, and to allow blood to flow to your heart. Your recovery may take a long time, depending on the extent of the trauma to the lung.
    • You breathe in hazardous cargo because of the collision. In addition to whatever trauma you suffer because of the collision, any chemicals, poisons, or infectious cargo on a truck could cause you to suffer respiratory complications. The complications may interfere with your ability to breathe and may be medical emergencies.

    If you have suffered any breathing problems as a result of a truck wreck then it is important to contact an experienced lawyer as soon as possible. A full investigation needs to be done to determine which parties were at fault for the truck accident injuries that you suffered. Please contact us online or call us directly at 800.800.5678 today for a free consultation today so that you can begin protecting your rights and your potential recovery of medical expenses, lost income, pain, suffering, and other damages now.

  • What happens if I’m in a crash with a government truck?

    Federal, state, and local governments all need trucks to do the business of the government. At any given time, you may be on the road with mail trucks, construction trucks, snow plows, dump trucks, garbage trucks, tractor trailers, or other trucks. Just as with any other type of truck, an accident may occur if the trucker is negligent, if the trucker’s employer is negligent, or if there is a defect with the truck.

    However, unlike other truck accidents, this time you need to pursue a legal claim against a government entity.

    Some Rules Are Different When Your Claim is Against the Government

    Generally, the government is protected from lawsuits by a legal doctrine known as sovereign immunity. Sovereign immunity prevents individuals from suing the government, unless there is a specific exception to the general rule protecting the government from such lawsuits. Like most legal doctrines, however, there are exceptions to this rule, and truck accidents are typically such an exception.

    The Federal Tort Claims Act, for example, generally allows you to sue the United States government if you would be able to sue a private person for the accident that occurred. This means that if you would have a valid legal claim against a private trucker, trucking company, or maintenance company under the same circumstances then you may have such a claim against the government. Similar rules apply to state and local governments.

    Assuming that you have the right to pursue a legal claim against the government after a truck wreck, it is important to know that special rules may apply. For example, you may be required to provide notice of your intent to pursue legal action in a shorter amount of time than the usual statute of limitations. In some cases, the standard of proof may also be different when your claim is against a government entity. This is especially common when your claim is against an emergency vehicle such as a fire truck.

    Contact an Experienced Truck Accident Lawyer

    Since the rules for pursuing a legal action against the government are different than they would be in a lawsuit against a private defendant, it is important to speak with an experienced truck accident attorney for help after this type of truck accident. For more information, and to schedule your free and confidential consultation, contact us online or call us directly at 800.800.5678

  • What can I do to avoid being in a truck crash?

    As the driver of a car, a motorcyclist, a bicyclist, or a pedestrian, you cannot avoid all truck accidents. Many accidents are the fault of the trucker or the trucking company and there is little, if anything, that you can do to prevent those crashes from occurring. However, since you regularly share the road with trucks ranging from big rigs to box trucks, it is important to know what is within your power to do to avoid a crash and what to do if you are hurt by someone else’s negligence.

    Four Tips for Preventing a Truck Accident

    You can avoid dangerous truck collisions by:

    • Being aware of—and avoiding—blind spots. There are some spots that truckers just cannot see, even with mirrors, due to the large size of the vehicle. Thus, if you are traveling on either side of or immediately behind a truck, you should be aware that a trucker may be unaware of your presence.
    • Keeping a safe distance from trucks. Because of their size, trucks take longer than other vehicles to stop. Thus, it is important to keep a safe distance away from a truck that you are traveling behind to avoid being part of a collision if the trucker can’t stop in time to avoid a crash.
    • Being patient and following the rules of the road. Do not let anger or impatience escalate into a dangerous crash.
    • Be careful around trucks that are turning. Trucks often make wide turns and may be unable to avoid hitting you if you are in the way.

    As always, it is also important that you are not distracted, drowsy, drunk, or otherwise negligent while you are on the road.

    What to Do If You’ve Been Hurt in a Truck Accident

    If the trucker’s or trucking company’s negligence left you injured, then you have the right to protect yourself by making a fair recovery. An experienced truck accident lawyer can help you investigate what happened and get the financial damages that you deserve. Your damages could include compensation for past, current, and future medical expenses, lost income, out-of-pocket costs, and pain and suffering. For more information, or for tips on how to protect your truck accident recovery, please contact us online or call us directly at 800.800.5678 to schedule a free consultation.

  • Can I do anything to stop the trucking company from destroying evidence that they have in their possession that might be important to my truck accident case?

    Yes. The trucking company likely has a lot of information that could be potentially relevant to your How To Stop The Truck Company From Destroying Evidence truck accident claim. If you take the right action quickly, then you may be able to prevent that evidence from being lost or destroyed.

    What Evidence Are We Talking About?

    The relevant evidence that could be in the control of the trucking company includes (but is not limited to):

    • The truck. The damage to the truck can provide valuable information about what happened in the accident. It’s important that any damage to the vehicles involved in the crash not be repaired.
    • Driving logs. The hours the driver worked the day of and the week of the accident may be relevant.
    • Electronic monitoring data. Anything about speed, time worked, and other data that is automatically recorded on the truck could be relevant.
    • Cargo logs. The type of cargo, its weight, and how it is distributed on the truck could be relevant.
    • Inspection reports. Truck inspection dates and results may be relevant to your claim.
    • Maintenance logs. How and when the truck was maintained or fixed could be relevant to your claim.
    • Alcohol and drug testing results. If the trucking company did any routine or unplanned alcohol or drug testing, or if they failed to do this kind of testing, it could be important to your claim.
    • Other relevant information. Any other relevant information about the trucker, the trucking company’s procedures, or the accident could be important.

    Depending on the circumstances, some or all of this evidence could be relevant to your recovery.

    Let Us Help You Get the Evidence You Need

    Our attorneys can send what is known as spoliation of evidence letter to the trucking company. This letter will request that all information that is potentially relevant to your claim be preserved. The consequences for destroying evidence once a spoliation letter has been sent can be significant. While there are sample spoliation letters available on the Internet, it is important that your letter be specifically tailored to your case and sent to the right parties. Our experienced truck accident lawyers draft and send appropriate letters on behalf of our truck accident clients.

    To schedule a free consultation and to learn more tips for successful truck accident cases, please contact us online or call us directly at 800.800.5678 today. 

  • What should I do at the scene of a truck accident?

    The first thing that you should do is to call 911. This will allow the police and medical first responders to be dispatched to the truck accident scene and to handle the emergency. After that call is made and you are out of immediate danger, then it is important to collect as much evidence as possible if you are physically able to do so.

    Get the Following Evidence If You Can

    While you are still at the truck accident scene, it is important to:

    • Take pictures. Pictures can provide valuable information about how the accident happened. You can use the camera on your cell phone to take photos of the position of the vehicles in the crash, the damage done to each vehicle, road conditions, weather conditions, and anything else that could be relevant to your recovery.
    • Take note of the names and contact information for all of the witnesses. Anyone who saw the accident happen or who stopped to help after the crash could be a valuable witness. Make sure to get their names, phone numbers, and email addresses.
    • Record the truck driver’s name and license information. This will help you identify the driver again later.
    • Write down the trucking company’s name and contact information. The trucking company is a potential defendant in the case and the insurance policy that covers the accident may be held by the trucking company. Accordingly, it is important that you have this information readily available as you move forward with a potential claim.

    Of course, your physical condition and the specific circumstances of the accident may prevent you from gathering every type of evidence described above. However, this will not prevent you from filing a successful truck accident case.

    Your truck accident lawyer will conduct a full investigation and determine what happened to cause your truck accident injuries. Then, you can take steps to pursue your recovery by filing a truck accident case and pursuing settlement negotiations.

    For more information about how an experienced truck accident lawyer can help you get the evidence that you need to get the recovery that you deserve, please contact us online or call 800.800.5678. We would be happy to schedule a free consultation with you to discuss more tips for successful truck accident cases.

  • Are there certain mistakes that I should know about and avoid if I’ve been hurt in a truck crash?

    Mistakes To Avoid After A Truck Crash

    Yes. Even if the truck accident was not your fault, there are certain mistakes that can make your fair recovery more difficult. However, if you are aware of the potential mistakes that you can actively try to avoid them and thereby protect your legal rights.

    Five Important Things NOT To Do After a Truck Crash

    If you’ve been hurt in a truck accident, then we encourage you not to:

    1. Apologize. Try not to say that you are sorry at the scene of the crash. It may be misunderstood as a claim of negligence rather than a simple statement about being sorry that the crash occurred.
    2. Speculate about what happened. Do not make any guesses about why the truck crash occurred. The police will conduct an investigation at the accident scene and your lawyer will gather additional evidence in order to determine exactly what happened and who was at fault.
    3. Discuss the accident with anyone other than your lawyer. Anything that you say may be misconstrued and used against you later. Thus, it is important to direct any insurance adjusters or anyone else who wants to talk about the crash to your attorney.
    4. Fail to follow your doctor’s orders. Failing to follow your doctor’s treatment plan could hurt your physical recovery and it could make your legal and financial recovery more difficult.
    5. Post on social media. Insurance adjusters and defense lawyers will be looking to your Facebook page, Twitter feed, Instagram account, and other forms of social media to determine the extent of your injuries. It is important not to post about the accident, your injuries, or any of your activities online.

    While we encourage you not to do these things, we know that the time immediately following a truck crash can be confusing. One mistake may not jeopardize your entire recovery, but the steps that you take now to protect that recovery may be even more important. Following a truck accident you should speak with an experienced truck accident lawyer as soon as possible. Contact us online or call us directly at 800.800.5678 for a free consultation today and learn more tips for protecting your truck accident recovery.

  • What should I do after a truck accident?

    What To Do After A Truck Accident

    It can be difficult to think clearly after a truck accident leaves you injured and in pain. Your initial reaction is the right action—you should get immediate medical attention for your injuries. A doctor can help you manage your immediate pain, diagnose your injuries, and create a treatment plan so that you can recover to the maximum extent possible.

    However, while getting good medical care is the most important thing that you can do to help yourself after a truck accident, it is not the only thing that you should do.

    Three Other Things You Can Do After a Truck Crash

    In addition to getting medical help, you can help protect your fair recovery of legal damages by:

    • Collecting evidence. Any evidence that you can collect at the scene of the crash may be helpful. This may include (but may not be limited to) taking pictures of the accident scene and getting the names and contact information for any witnesses to the crash.
    • Being careful about who you speak to and what you say. Insurance adjusters have a job to do and that job is to pay you as little as possible for your claim. In an effort to do that job, they may use your own words against you in a way that you did not mean for those words to be used. Be very careful what you say. Do not speculate about the causes of the crash and do not apologize.
    • Calling an attorney as soon as possible. An attorney can talk to insurance adjusters on your behalf and make sure that all of your rights are protected throughout the litigation and settlement processes.

    You’ve been through a terrible trauma. While these steps may seem simple enough to follow, there are many details that can help or hurt your potential legal claim. You should speak with an experienced truck accident attorney as soon as possible. Let us help you navigate the complicated steps that you need to take so that you don’t have to worry about making a potentially costly mistake. Contact us online or call us directly at 800.800.5678 to schedule a free, no-obligation consultation and to learn more tips for protecting your truck accident case.

  • Are truck accident cases the same as car accident cases?

    In some basic ways, car accident cases, truck accident cases, and most other personal injury cases are the same. In order to make a recovery, the person who was hurt must be able to prove that the defendant’s negligence caused the injury and the injured party must be able to prove the value of the damages. In either a truck accident case or a car accident case, a recovery may be made through settlement negotiations or in court.

    But There Are Important Differences

    While the basic premise of a truck accident case and a car accident case may be the same, there are important differences that often make truck accident cases more complicated than car accident cases. These differences include:

    • The number of potential defendants. Defendants in a truck crash may include the trucker, the trucking company, the company that loaded the cargo, the manufacturer of the truck, or the maintenance people who worked on the truck.
    • The complexity of the crash. Given the potential number of defendants and the federal regulations that govern the trucking industry, a truck accident case can be complicated.
    • The injuries and damages suffered in the crash. The size and weight of the truck can lead to significant injuries and damages.

    Additionally, truck accident defendants are almost always represented by attorneys. They have a lot at stake financially and they want a strong defense. If you have been injured in a truck crash then you should be prepared for that defense and be ready to fight for your fair and just recovery.

    Talk to a Truck Accident Lawyer Today If You’ve Been Hurt

    Even if you’ve handled your own car accident case in the past, it is important to speak with an experienced truck accident lawyer before filing a truck accident case or pursuing settlement negotiations. Contact us online or call us directly at 800.800.5678. During a free initial consultation, an attorney can provide you with tips and resources for a successful truck accident case and help you protect your rights and potential legal recovery.

  • How long do I have to file a truck accident personal injury case in Wisconsin?

    Your time to file a case in court is limited. The Wisconsin statute of limitations typically provides truck accident injury victims with three years to file a complaint in court. However, there are important exceptions to this rule, and there are compelling reasons to take action long before the statute of limitations is set to expire.

    Statute of Limitations Exceptions

    While you generally have three years from the date of your truck accident injury to file a personal injury case in court, there are important exceptions to that rule. For example, the statute of limitations may be extended if:

    • You were a minor at the time of the truck crash. If you were under the age of 18 when the crash occurred and your parent or guardian did not take legal action on your behalf, then you typically have two years from your eighteenth birthday to file a case.
    • You were mentally incompetent at the time of the truck crash. If you were unable to file a claim because of a mental disability and your guardian did not take legal action on your behalf, then the statute of limitations may be extended for up to five years.

    Additionally, your time to legal action may be shortened if you are hurt in a crash with a government truck.

    Don’t Miss a Deadline That Could Jeopardize Your Recovery

    If you try to file a complaint in court after the statute of limitations has expired, then the defendant’s lawyer will likely file a motion to dismiss your case. The judge will grant that motion and end the case without your recovery of any damages.

    Accordingly, it is important to take action quickly—well before the statute of limitations expires and while evidence is still obtainable. You can take action by speaking with an experienced truck accident lawyer to schedule a free, no-obligation consultation.

    Contact us online or call us directly at 800.800.5678. Our lawyers would be pleased to meet with you, to talk about how a Wisconsin truck accident case works, and to talk about the steps that we can take to protect your rights.

  • Can I file a lawsuit after a Wisconsin truck accident?

    If you have legal standing to file a personal injury case in Wisconsin, then you have the right to file a truck accident case in state court. It is important to know whether you have standing before you take action. If you do not have standing and you file a complaint in state court, then you can expect the defendant will quickly file a motion to dismiss and that the motion will be granted without your recovery of any damages.

    An experienced truck accident lawyer can help prevent this from happening to you so that you don’t unnecessarily incur expenses and stress related to a lawsuit that you do not have standing to file.

    Four Situations When You Might Have Standing

    Pursuant to Wisconsin law, you could have standing to file a truck accident injury case if:

    • You were hurt in the accident. You must have suffered physical injuries and not just property damage in the case in order to file a personal injury claim.
    • You are the parent or guardian of a minor child who was hurt in the accident. Children under the age of 18 cannot bring their own cases in state court. As the child’s parent or legal guardian, you may file a personal injury claim on your child’s behalf.
    • You are the legal guardian of an adult who was hurt in the accident. Some adults with diminished mental capacity may have court-appointed legal guardians to help them make important decisions. A personal injury case is one of these decisions and should be considered by you if you are the legal guardian of someone who was hurt in a Wisconsin truck crash.
    • You are the personal representative of the estate of someone who died in a truck crash or you are someone with the legal right to recover damages in a wrongful death case. The Wisconsin statutes are clear about who can be the plaintiff in a wrongful death case and should be consulted after a fatal truck crash.

    To learn more about how a truck accident case works in Wisconsin or about how to protect your rights to a fair recovery, please contact us today via this website or by phone to schedule a free consultation.