Questions + Answers About

Truck Accidents

How long do I have to file a claim after a truck accident?

The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of your truck accident, so we recommend you pursue your case immediately.
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Whose insurance has to pay for my car and medical bills if I am injured in a truck accident?

Truck accident cases can be complex because there are often multiple parties involved in a claim. If you are injured in a truck accident, the driver, trucking company and their insurance company are ultimately responsible for any expenses, such as property damage, medical bills, lost income or pain and suffering.
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Do I still have a claim if my health insurance paid my medical bills after a truck accident?

Yes, those injured in a truck accident are entitled to the full value of their medical treatment. This includes the actual cost of the treatment, not just their copay or deductible. Oftentimes, insurance carriers attempt to reduce damages by offering to pay only “out of pocket” expenses, which leaves the injured person less than whole.

While your health insurance carrier has to pay for your medical expenses, they also have the right to be paid back. This is generally referred to as subrogation.

Keep in mind that you may be entitled to more than medical expense reimbursement. Punitive damages such as pain and suffering, emotional distress, lost wages and more are often part of personal injury cases.
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What if a person dies from truck accident injuries before bringing a lawsuit?

If a person dies as a result of a truck accident, it can become a wrongful death case. Spouses, parents, children, siblings and grandparents may have a wrongful death claim, and the relationship with the deceased will dictate priority. The types of damages that can be sought depend on this relationship and can include financial support that a survivor would have received, value of household services that would have been provided by the deceased, loss of companionship, affection, love, care, comfort and society, loss of consortium (sexual relations) for the surviving spouse, as well as funeral and burial expenses.
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Who is liable if something falls off a semi-truck and causes an accident?

It is the duty of the trucking company and the driver to ensure that all cargo is secure and able to withstand travel. Typically, the driver carrying the cargo in their vehicle is held liable for that cargo, so if it falls and injures someone, it is assumed that the driver will be held responsible for any injuries or property damage.
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Will I be dealing with the truck driver, trucking company or insurance company?

The cause of the accident will determine whether you deal with the individual driver, insurance company or trucking company. If the individual driver violated safety regulations resulting in the collision, then he or she may be at fault. However, semi-truck accidents are not always directly caused by poor driving. Trucking companies can be found responsible for things like dangerous cargo, inadequate training, failure to enforce safe driving practices or other safety violations. Product manufacturers may also be liable for defective vehicles or parts.
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I was involved in an accident with a semi-truck, what should I do?

Wisconsin law requires the driver of any vehicle involved in an accident resulting in personal injury, death or property damage to remain at the scene of the crash. You should call the police, exchange information and record contact information for any witnesses.

Immediately following a truck accident, you should seek medical treatment. Visit a medical facility as soon as possible if you are enduring any sort of pain. Your health is always the top priority. Be proactive about receiving a proper diagnosis and treatment for your injuries.

The next step is opening a claim with your auto insurance carrier, as well as the truck driver’s insurance carrier. If you have been injured, seek the representation of an attorney before providing a statement to an insurance provider, trucking company or the truck driver.

Finally, get in contact with Gingras, Thomsen & Wachs to receive a case consultation. Our personal injury attorneys specializing in truck accidents will review your situation and recommend next steps, which may include legal action.
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