Milwaukee

Truck Accidents

I’m Scott Hawkins. Ruth Hawkins was my stepmom. She was devoted to her family, devoted to church, and devoted to making everyone around her a better person. Antoine, he was my stepbrother. We grew up together. We played together. We had a great bond. They were on their way to Texas to celebrate Easter with my stepsister Rashida. They were traveling from Jackson, Tennessee, where they just picked up Janese. Janese – she was my sister. I can truly say that for her 20 years of life, me and my sister got along like best friends. My nephew, Antoine Jr., loved to play with his cousins. He loved to play with trains. He just enjoyed being a young kid. He was 3. He didn’t get a chance to enjoy life. They were traveling through a construction zone when they were rear-ended by a semi truck. We chose Warshafsky because to them it was more about taking care of us and not just a settlement. There were other firms that wanted us to settle quick, settle fast, so they could get their paycheck. They weren’t concerned with us. The Warshafsky Firm asked questions about us as a family – how we were doing and how we were handling the situation. One of my family members chose a law firm from the West Coast. That firm tried to convince them to settle for $750,000. The $750,000 they offered was the limit for the insurance carrier for the truck diver. Warshafsky was able to get down to the root of the accident and realize that the actual person at fault was the construction company. In the construction zone that they were traveling, the construction company had made it convenient for them to pull into their areas, but not convenient for drivers to flow through smoothly. By proving who was responsible for the accident, Warshafsky was able to get us $3.9 million instead of the $750k that the other company was offering for liability. Attorney Frank Crivello of Warshafsky Law Firm made us feel like more than just a client. He made me feel like a friend, a family member, like a person that he cared about. 12 years after the accident, I still talk to Frank Crivello. He’s become a friend of mine. I don’t wish tragedy on anyone, but if there’s a tragedy in your life, the Warshafsky Law Firm will take care of you and your family.

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Scott Testimonial (60 sec)

Frank Crivello | 60 sec

I’m Scott,

Four of my family members were fatally injured when a semi truck slammed into them from behind driving to visit family for Easter. The car burst into flames all four including my three year old nephew were trapped. I’m Attorney Frank Crivello of Warshafsky, this should never have happened. We were contacted by many lawyers, only Warshafsky said this tragedy can make the world safer. We need to make sure this doesn’t happen again. The semi drivers insurance offered $750,000.00. A famous west coast law firm representing a relative said that’s all they have to pay. Settle. Warshafsky’s lead investigators discovered a construction company was stopping traffic abruptly so its trucks could pull off the freeway. Turning just like you would on a City street. Convenient for them, but the unpredictability to traffic created an extremely dangerous situation. Warshafsky achieved a settlement of 3.9 Million Dollars. This national construction company will not endanger people this way again.”

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Lawsuit Process

What is Wisconsin’s Minimum Payout for Truck Accidents?

Wisconsin has no minimum payout for truck accident cases. You may be entitled to compensation for medical bills, pain and suffering, lost wages and other damages. Contact an experienced truck accident attorney to discuss your case.

Can I Still Receive Compensation if I’m Partially Responsible?

Yes. Wisconsin has a modified comparative negligence rule that means you may be able to recover damages if you are no more than 50 percent at fault for the accident. Your settlement will be reduced by the percentage of the accident that has been determined to be your fault. So, for example, if you are 20% responsible for the accident, you can only receive up to 80% of the settlement. 

How to Deal with Insurance Companies

Accident victims are often anxious to accept the first settlement offer from an insurance company so they can begin paying off their medical expenses. To someone working without the experience of an attorney, the settlement amount provided by an insurance company will seem fair.

DO NOT accept the first offer. Insurance companies will lowball your claim, 100% of the time. Consult with an experienced accident attorney for the largest cash settlement. Many law firms are hands-off settlement mills that try to reach a settlement as quickly as possible. Warshafsky’s attorneys are aggressive advocates that will fight for what’s right. Contact our Milwaukee trucking accident law firms as soon as possible after the crash, and we will begin fighting for you. The sooner you act, the sooner our investigators can start compiling the most robust possible case for the highest potential payment.

The Legal Process

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

The statute of limitations for a personal injury case in the state of Wisconsin is three years. Don’t delay— contact Warshafsky trucking accident lawyers in Milwaukee before the three-year anniversary of your Wisconsin truck accident. 

Who is liable for a truck accident in Wisconsin?

In Wisconsin, liable parties may include:

  • The truck driver: liable for negligence like speeding, reckless driving, driving while tired, or intoxicated driving
  • The trucking company: liable if the driver was not an independent contractor
  • The shipping company: liable if the cargo was overloaded or loaded unevenly
  • The truck mechanic: liable if maintenance was improper or incomplete
  • The truck manufacturer: liable most commonly for a defective vehicle part

Liability in a truck accident is complicated. Consult with an experienced Milwaukee car accident attorney to determine who is at fault. 

How much does a lawyer cost?

At Warshafsky, we understand that after a crash, you’re likely dealing with heavy financial burdens. This is why we pride ourselves on being a no-win, no-fee law firm. Our Milwaukee trucking accident lawyers handle all costs upfront and then take a percentage of the final settlement once you win. 

Will my case go to court?

Less than 5% of Wisconsin personal injury cases end with a jury trial. However, all of our cases are funded to go the distance if necessary. Our trucking accident attorneys in Milwaukee will fight for you to get the settlement you deserve.  

How long will my case take?

Case length will depend on the severity of damages suffered. When damages are severe, the case might take a year or longer. Other factors might affect the case’s timeline, including: 

  • Crucial evidence being held up, like CCTV or dashcam footage
  • The other party being unwilling to cooperate
  • Case factors being disputed by the opposing party
  • Discrepancies or mistakes on certain documents
  • Court and/or judge availability 

How do you prove negligence in a truck accident case?

Proving negligence in a truck accident can be difficult, so our truck accident lawyers in Milwaukee will conduct a thorough investigation of all the factors that led to the crash: 

  • Truck maintenance 
  • Drug and alcohol tests for the driver
  • Truck safety inspection adherence 
  • Weight restriction compliance
  • Loading procedure compliance 
  • Accident reconstruction 

Truck accident resources

Personal Injury Lawyers

Car Accident Laws

Personal Injury Settlements

Wisconsin State Legislature: Injury to the person. Wisconsin Statute § 893.54 (2024). Duty to report an accident; assistance following an accident. Wisconsin Statute § 346.70. Provisions of motor vehicle insurance policies. Wisconsin Statute § 632.32.

7 Causes of Milwaukee Area Truck Accidents

  1. Speeding: Trucks traveling at a high rate of speed cannot make sudden slowdowns or stops. Having to suddenly slow down in a truck can lead to jackknifing, rollovers, runaway trailers, and other dangerous situations.
  2. Driver Fatigue: Truck drivers pull long shifts on the road and are only required to take a break after 14 hours of straight driving. Driver fatigue can set in before this time allotment, and irregular sleep schedules on the road further exacerbate fatigue.
  3. Road Conditions: Rainstorms, hail, wind, fog and icy roads complicate visibility for trucks and tractor-trailers. Driving in dangerous weather requires a truck driver’s added awareness and distance to change lanes or come to a stop.
  4. Drunk or Impaired Driving: Impaired driving remains a vital issue on Wisconsin roadways. Regardless of whether the truck driver or other motorists used alcohol or drugs, driving drunk or under the influence impairs driver vision and greatly increases the risk of an accident.
  5. Aggressive Driving: Road rage and unpredictable maneuvers by truck drivers put other motorists at risk. Brake checking, sudden lane changes, and tailgating greatly reduce the other driver’s ability to react, leading to potentially serious accidents.
  6. Overloaded Cargo: A truck that is carrying unbalanced or overloaded cargo is at serious risk of leaks, spills, and potential rollover. Unbalanced truckloads increase the driver’s risk of losing control at higher speeds or sharp maneuvers.
  7. Mechanical Failures: Poorly maintained or neglected brakes, hydraulics, and other mechanical items on a truck pose a large safety risk for other motorists on the road. Having fully functioning brakes on a truck is required when stopping a load of up to 80,000 pounds.

9 Types of Truck Accidents

  1. Jackknifing: When a big rig’s trailer swings out and folds itself to the cab of the truck, it has the potential to cause a serious multi-car crash and block roadways. Jackknifing is the result of a truck driver braking too hard and quickly. 
  2. Tire Blowouts: Having newer tires properly inflated on semi-trucks, tractor-trailers, and other commercial trucks is vital when bearing large loads. Tire blowouts are one of the leading causes of truck crashes in America, with an estimated 11,000 crashes occurring every year resulting in an average of 200 deaths.
  3. Rollovers: A truck driver losing control of a tractor-trailer can lead to rollovers. A truck sliding and rolling onto its side can block roadways and create catastrophic crashes.
  4. Head-on Collisions: Head-on contact with a tractor-trailer is often the most deadly. Those who are lucky to survive a head-on collision with a truck are often left with severe and potentially life-long injuries.
  5. Sideswipe: A side collision with a truck can knock you off the road and lead to a serious accident. Referred to as a blind spot accident, these crashes typically occur from lane changes and merges.
  6. T-Bone: T-bone collisions often occur at intersections and can lead to serious injury. Known as side-impact collisions, nearly 1 in 5 car accidents were the result of T-bone collisions in 2017 according to the National Highway Traffic Safety Administration.
  7. Lost Load: A lost load is often the result of unsecured cargo, a responsibility of the driver. Loose cargo and securement issues can pose multiple threats of an accident and can cause further accidents if the debris becomes littered on the road.  
  8. Runaway Trailer: A runaway tractor-trailer can lead to a deadly crash. While runaway ramps provide a safe exit for out-of-control trucks, if the ramp is unavailable or the driver chooses to forgo using the ramp, accidents can occur.
  9. Underride Collisions: Underride accidents occur when a car crashes into the back or side of a tractor-trailer and gets caught underneath. These kinds of truck accidents are among the most fatal, killing more than 300 people across the U.S. each year.

Milwaukee’s 3 Most Dangerous Highways (2024)

Warshafsky’s main office is located in downtown Milwaukee, so our truck accident attorneys are familiar with the area and have helped with tractor-trailer accident cases on Milwaukee’s most-dangerous highways. These include: 

  • Interstate 41/Highway 45
  • Interstate 94
  • Highway 164

Frequently Asked Milwaukee Truck Accident Questions

After a truck accident, stay on the scene and report the crash to the police. Seek medical attention ASAP, especially if your injuries are severe. Obtain contact information from all involved parties & witnesses. Take photos and videos of the crash for evidence, and contact a personal injury attorney to learn how to get compensated for property damage or injuries.

 

Yes. Having an experienced trial attorney on your side will increase your chances of a fair settlement. Never accept an insurance company’s initial offer. They will always lowball the claim. Insurance companies like to avoid the courtroom and will settle for a greater amount when a reputable attorney adds some pressure.

 

The Shared Fault law in Wisconsin is used to determine fault in an accident. Each person involved can be held partially responsible for the accident. Compensation for damages is increased or decreased depending on the percentage of fault assigned to you. Police officers at the scene will usually determine fault. An accident investigator can help you examine all evidence to determine liable parties.

 

Wisconsin does not have a database of injury settlements. Insurance companies have their own data and experience on how they determine offers. A truck accident attorney in Milwaukee may be able to increase the offer they give and will advise you on what damages you should pursue.

 

Wisconsin has no minimum payout for truck accident cases. You may be entitled to compensation for medical bills, pain and suffering, lost wages and other damages. Contact an experienced truck accident attorney to discuss your case.

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