Kenosha Truck Accident Lawyer
The stretch of Interstate 94 running through Kenosha and Racine sees heavy commercial truck traffic daily. When these massive vehicles collide with passenger cars, the results are often devastating. As a Kenosha truck accident victim, you’re likely facing serious injuries, mounting medical bills and an uncertain future. The trucking companies have teams of lawyers ready to protect their interests – you need someone ready to protect yours.
At my firm, the Law Office of Paul M. Gagliardi, I understand the life-changing impact a truck accident can have on you and your family. With deep roots in the Kenosha area and over a decade of experience helping Racine residents, I provide personalized representation focused on getting you the compensation you deserve. When you’re injured in a truck accident, you need straightforward advice and dedicated representation. That’s exactly what you’ll get when you work with me.
Understanding Truck Accident Cases
Truck accidents differ significantly from standard vehicle crashes due to their complexity. These cases often involve:
- Multiple liable parties, including trucking companies and drivers
- Federal and state trucking regulations
- Commercial insurance policies
- Complex evidence-gathering requirements
- Severe injuries requiring long-term care
These factors make having experienced legal representation essential for protecting your rights
Common Types Of Trucking Accidents
There are a wide variety of truck accidents, and the type of accident can have an impact on the potential injuries and the compensation that is necessary. All semi-truck accidents can be severe. Below are a few examples of common types of trucking accidents that may occur:
Wide-turn accidents: Trucks that are making a right turn often have to swing out wide to get the trailer around the corner. In some cases, other drivers will move up into the space, and they will be in the truck’s blind spot. When the driver turns, the side of the trailer strikes the car.
Rollover accidents: In some cases, a loss of control causes a truck to roll over. It may roll on a sharp turn, on the highway itself or after leaving the highway. These accidents sometimes happen when there are high winds.
Jackknife accidents: A truck and trailer are connected on a hinge point, and sudden deceleration can cause both parts of the vehicle to swing in opposite directions. The truck and trailer end up closing like a jackknife, which gives this accident its name. This can block the road entirely and may cause accidents involving drivers in numerous other lanes.
Blind spot accidents: In addition to the blind spots on the side of a truck, there are often significant blind spots both in front and behind the vehicle. A truck driver may not see a small car that is directly in front of the truck, for instance, or may not know that someone is behind them when backing up.
T-bone crashes: A T-bone collision is very dangerous, especially for people in a smaller vehicle that is hit by a semi truck. The impact is on the door and the passenger compartment, reducing the effectiveness of crumple zones and other such safety systems. A T-bone action usually happens at an intersection, such as when one driver goes out of turn at a four-way stop or a traffic light.
Rear-end accidents: Semi trucks have very long stopping distances that are often around 525 feet, as opposed to the 300 feet needed for many passenger vehicles. If the truck driver doesn’t slowdown in time, they could rear-end a vehicle ahead of them, and there may be nothing that the driver can do to stop the truck in an emergency situation. It is simply too large and heavy to stop quickly.
Head-on collisions: Head-on collisions are rare, but very dangerous. They can happen when one vehicle crosses the centerline. A fatigued truck driver may nod off for a second and drift into the oncoming lane, striking a passenger car coming in the opposite direction.
Underride accidents: An underride accident happens when a small car strikes the side of a truck trailer. For instance, if a truck driver pulls out of a driveway and cuts off an approaching vehicle, the smaller car could become wedged under the trailer. There is a high chance that occupants in that car will suffer head, neck, chest or spinal cord injuries. These accidents can be catastrophic, especially because the victims are trapped below the trailer, which can make it difficult for emergency services to render prompt care.
These are just a few examples to show how accidents may play out and why they could cause severe injuries to those involved. I will use my experience to help you consider the specifics of your unique crash and assist with seeking necessary compensation.
Common Causes Of Kenosha Trucking Accidents
In addition to knowing what these accidents look like, it is important to know why they occur. Below are a few common causes of trucking accidents to watch for:
Load shift: When the load in the truck is not secured properly, it can shift and cause the truck to roll over or lose control. The issue is that the truck becomes unbalanced or top-heavy on one side.
Fatigued driving: Truck drivers often work long hours on the road and have tight schedules and deadlines that they need to meet, which can lead to fatigue and even falling asleep behind the wheel. Drivers must adhere to hours-of-service regulations, rest breaks and the like.
Distracted driving: Truck drivers are not supposed to use handheld devices like cellphones in the cab, but it does happen. Drivers may also be distracted by passengers, the radio or trying to eat and drink a meal while they drive.
Speeding: As noted above, trucks already have long stopping distances. Excessive speed makes these distances even longer and shortens the reaction time that the driver has. A driver who is speeding excessively could also be in danger of losing control of their vehicle.
Impaired driving: Driver impairment can also be a major issue. Truck drivers often have lower blood alcohol concentration limits, such as a legal limit of 0.04% instead of 0.08%. But impairment can also come from illegal drugs, prescription medications, marijuana products and other such sources.
The reason that a truck accident happened goes a long way toward proving negligence and liability in the case.
How Much Are Most Truck Accident Settlements?
Truck accident settlements often exceed typical vehicle crash settlements due to their severity. While each case is unique, factors affecting settlement amounts include severity of injuries, long-term medical needs and impact on earning capacity. You need an experienced Kenosha trucking accident lawyer to evaluate your specific situation to determine fair compensation that reflects your actual damages rather than rushing to accept an insurance company’s first offer.
How Do Truck Accident Lawsuits Work?
Truck accident lawsuits, like any other personal injury case, require immediate action to preserve crucial evidence. As your truck accident lawyer, begin by thoroughly investigating your crash, securing evidence like driver logs, maintenance records and black box data. Then I identify all responsible parties, from the truck driver to the trucking company and build a strong case for maximum compensation.
My approach involves complete trial preparation for every case, regardless of whether we settle through negotiation. This approach often leads to better settlement offers from insurance companies who know I’m ready to fight in court if necessary.
How Do You Choose A Truck Accident Lawyer?
When selecting legal representation after a truck accident, look for someone who:
- Focuses on truck accident cases
- Provides direct access to your attorney
- Offers clear, honest communication
- Has courtroom experience
- Understands commercial trucking regulations
Having the right legal representation can significantly impact your case outcome. In my case, my experience as an attorney for accident lawsuits for a decade speaks for itself. I can help you obtain a fair settlement for your case, whether it involves tractor trailers, semi-trucks and more.
Identifying Responsible Parties In Your Wisconsin Trucking Claim
Determining liability is the main challenge in a Wisconsin truck accident case. Unlike a standard car crash, a commercial wreck involves a network of businesses. Wisconsin law and federal rules often place the final responsibility on the trucking company. I investigate the details of your crash to find every negligent party using the legal frameworks described below.
The Trucking Company (The Carrier)
Under the Non-Delegable Duty Doctrine, trucking companies must keep their fleet safe and maintained. If a company admits the driver was an employee, they are usually liable for that driver’s negligence. This rule often makes your claim for damages simpler. It allows us to focus on the carrier rather than filing separate suits for negligent hiring.
The Truck Driver
Drivers must follow strict speed, sobriety, and “Hours of Service” (HOS) laws. These laws prevent fatigue. I review Electronic Logging Device (ELD) data to find specific rule violations.
Maintenance Providers And Manufacturers
You may have grounds to sue a repair shop or parts maker for mechanical failure. However, the trucking company has a primary legal duty to check the vehicle. They must make sure the truck is in good working order before any trip begins.
Cargo Loaders And The ’Savage Rule’
Shifting cargo often causes rollovers. Under the Savage Rule, so named for a case involving the Savage Truck Line, Inc., the trucking company is liable for loading errors that a driver could see during an inspection. A third-party loading company is usually only liable if the defect was hidden.
Federal And State Regulations
Commercial lawsuits require knowledge of Federal Motor Carrier Safety Administration (FMCSA) rules and Wisconsin Administrative Code § TRANS 327. I examine “black box” data and dispatch records. I also review maintenance logs to find evidence that the company broke the law. Call my office to talk about your case and your options for recovery.
Injured? Call Paul For Help With Your Truck Accident Case.
Don’t face the aftermath of a serious truck accident alone. Contact the Law Office of Paul M. Gagliardi at 262-401-9333 for a thorough review of your case. As your dedicated Kenosha injury lawyer, I’ll fight to protect your rights while you focus on recovery. Send me an email or call today to discuss how I can help with your truck accident claim.