What to Expect if You Sue a Trucking Company After a Crash

Each year, thousands of truck accidents occur on Wisconsin’s highways, often leaving victims with life-altering injuries and mounting expenses. In 2022, there were 6,785 crashes involving large trucks, 73 fatalities, 1,846 injuries, and 229 serious injuries.

When negligence by a trucking company or its driver is to blame, the path to compensation can be complicated. Claims involve gathering technical evidence, sorting through federal regulations, and negotiating with aggressive trucking company insurers.

At Brian Hodgkiss Injury Lawyers, we understand these high-stakes cases. Our Wisconsin truck accident lawyers can guide you through the process of suing a trucking company after a crash and help you maximize compensation.

Steps of Filing a Lawsuit Against a Trucking Company

The standard process for filing a lawsuit against a trucking company includes gathering evidence, assessing liability, and initiating legal proceedings.

• Gathering Evidence: Your first step in filing a lawsuit is to gather evidence of the accident to help assess what happened, who is liable, and the extent of damages, including:

• Obtaining police reports, witness statements, and crash scene details
• Inspecting and analyzing data from the truck’s black box
• Reviewing the trucker’s driving logs and the company’s safety records
• Examining maintenance histories and cargo loading procedures
• Gathering medical records such as hospital bills, surgeries, and diagnostic test results for injuries sustained in the crash.

• Assessing Liability: Your lawyer will review the evidence to determine fault. They may look for proof that the driver was speeding or driving while fatigued or that a trucking company violated federal regulations for cargo loading or break hours.

• Initiating Legal Action: Once liability is established, your attorney can initiate official legal proceedings against the responsible parties. Typically, this begins with an insurance claim with their liability coverage. If negotiations don’t result in a fair settlement, your attorney may file a lawsuit in court.

What Influences Your Trucking Company Lawsuit Outcome?

Various factors influence a lawsuit against a trucking company. Your settlement or jury award can be impacted by the following:

• Insurance Coverage: The trucking company’s insurance policy can affect your settlement amount. Federal regulations mandate insurance coverages between $750,000 to $5 million, depending on the type of cargo. This allows you to seek a fair payout to provide financial support for your injuries and losses after a semi-truck crash.

• Federal Regulations: To legally operate, trucking companies must comply with federal regulations and Wisconsin state laws. If they violate these policies, for instance, requiring a driver to continue transport without sufficient breaks, your truck accident lawyer can use it to establish negligence and maximize your claim. This applies even if you collide with an out-of-state truck since federal regulations are the same for all carriers nationwide.

• Multi-Party Liability: Truck accidents often involve multiple parties. This can make filing a claim complex, but it also lets you seek compensation from each entity based on their percentage of fault in the accident. Potentially liable parties include the driver, the trucking company, parts manufacturers, cargo loaders, or road maintenance crews, and file a claim with their insurer for a full recovery award.

Compensation Claims: What Can You Recover?

After a large truck accident, you can seek compensation for all related medical costs, lost wages, and emotional distress. Your attorney at Brian Hodgkiss Injury Lawyers can help you pursue a settlement covering the following:

• Medical Expenses: Thisincludes specific costs such as emergency response services, specialized surgeries, extended hospital stays, comprehensive physical therapy, long-term prescriptions, and necessary mobility aids like wheelchairs or prosthetics.

• Lost Wages and Earning Capacity: Compensation for immediate lost income and an evaluation of diminished earning capacity, factoring in your career trajectory, benefits, and opportunities lost due to permanent disability.

• Non-Economic Damages: Compensation for acute pain and chronic conditions from the accident, psychological counseling for trauma, and loss of enjoyment in daily activities or hobbies.

• Punitive Damages: Punitive damages may be an option if there is evidence of especially heinous or malicious behavior, such as driving under the influence. While victims receive money when punitive damages are awarded, they are meant to punish defendants’ intentional or grossly reckless conduct.  

Get Fair Compensation from an At-Fault Trucking Company

Suing a trucking company can be difficult without experienced legal counsel. Trucking corporations often use large legal teams to avoid liability and minimize payouts. Having tenacious representation can help you have peace of mind and maximize your recovery settlement.

If you suffered injuries in a Wisconsin truck crash, the seasoned attorneys at Brian Hodgkiss Injury Lawyers have the resources and experience to secure the compensation you deserve. Contact us today for a free, no-obligation consultation.