How Do You Get Compensation After a Crash Involving an Out-of-State Truck?
Countless trucks travel across state lines daily, ensuring consumers access to fresh produce, electronics, and other goods. In 2022, 11.46 billion tons of freight were transported across the U.S. by these commercial trucks.
Even with numerous safe trips logged, accidents involving semis do occur. If an accident involves a commercial truck from another state, the victim might face complicated insurance policies and liability rules that span multiple states to get compensated.
If you’re hurt in an out-of-state semi-truck crash in Wisconsin, our Appleton commercial truck accident lawyers at Brian Hodgkiss Injury Lawyers can help you negotiate with insurers and navigate legal systems across state boundaries to claim a fair settlement for your injuries.
First Steps to Receiving Compensation
After an accident with an out-of-state truck, the initial steps are the same as an in-state truck collision. These actions are critical to building a strong foundation for your claim:
- Call 911. Calling 911 ensures you receive medical attention at the scene and provides an official accident report, a key piece of evidence for insurance and legal purposes.
- Exchange information. Request the truck driver’s full name, insurance details, driver’s license number, and employer’s contact information. This is important for identifying all out-of-state parties in the insurance claim process.
- Note truck details. Write down the vehicle identification number (VIN) of the truck, its license plate, and any company logos, as this information can help track the corporate entity responsible for the vehicle.
- See a doctor. After the crash, visit your doctor immediately and continue with any recommended follow-up appointments and treatment. Internal damage, like traumatic brain injuries, can take days to show symptoms, so get medical care even if you feel okay.
Receiving prompt medical attention protects your well-being and provides medical records to support your claim with an out-of-state insurer.
- Keep medical records. Keep a detailed log of all medical treatment, including dates, treatment types, and medication prescribed, to illustrate the extent and cost of your injuries.
- Document the scene. Capture pictures of the accident site, including road signs, skid marks, vehicle positions, and cargo spillage from the truck. This evidence can be particularly relevant in a commercial truck accident where the size and cargo of the truck may contribute to the cause or severity of the crash.
- Gather witness information. Get the names and contact details of bystanders at the scene. Their statements can provide an impartial perspective on the crash, helping you prove negligence during claims or litigation.
Claims Considerations for Out-of-State Truck Accidents
Accidents with trucks from different states can lead to complex claims because of the various laws and regulations involved. Differences in how states deal with truck accident claims could impact the result of your case.
At Brian Hodgkiss Injury Lawyers, our team of seasoned commercial truck crash attorneys has the expertise to handle your out-of-state accident claim. We’ll assist you through every step of the process when dealing with an insurance claim against a trucking company from a different state, focusing on the following key areas:
- Understand Wisconsin’s negligence law. When an accident occurs in Wisconsin, the state’s modified comparative negligence laws apply, no matter where the truck originates. That means you can pursue damages if you’re less than 51% at fault in an accident with an out-of-state truck.
- Navigate complex insurance interactions. In commercial truck accidents, the driver, the trucking company, and the cargo may all have separate insurance policies, each with specific conditions and federal limits. For example, the driver’s insurance may cover personal injury, while the trucking company’s policy covers vehicle damage, and cargo insurance might deal with spilled contents.
Our attorneys can help you investigate these overlapping policies to claim the full extent of damages you’re entitled to.
- Tackle cross-border legal issues. If a truck from another state gets into an accident, figuring out which state’s laws apply can get tricky. You may need a lawyer to navigate the laws of the state where the truck is from, where the crash occurred, and the federal regulations governing trucking.
An attorney can clear up this complexity, help you determine the best place to file your claim, and ensure that the correct laws are applied to your case.
- Overcome jurisdictional challenges. Dealing with multiple state jurisdictions can complicate the claim filing process. Our lawyers are skilled at identifying the proper jurisdiction by considering the location of the accident, the truck’s travel paths, and the biases of the insurance companies involved.
- Address logistical hurdles. Claims against out-of-state entities can bring challenges in communication, exchanging documents, and legal discussions.
Our attorneys are skilled at navigating these challenges, gathering evidence, handling all the required documentation, and liaising with insurance companies for you. We serve as your primary contact, ensuring your claim progresses smoothly, regardless of the trucking company’s location.
Get Skilled Legal Representation for Your Commercial Truck Accident
A semi-truck accident can result in severe injuries, steep medical expenses, and significant income loss. If the at-fault party operates from another state, securing compensation often demands an attorney knowledgeable of interstate trucking laws and insurance rules.
At Brian Hodgkiss Injury Lawyers, our legal team is equipped to tackle the legal aspects of your case with expertise. Regardless of the home state of the truck driver or their company, we will defend your rights and pursue a settlement in accordance with Wisconsin’s personal injury statutes.
Contact us today for a free consultation. We will evaluate your case, explain the insurance rules, and help you pursue benefits you may be entitled to receive.