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Madison Truck Accident Lawyers

Madison Truck Accident Lawyers

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Truck Accident Attorneys Serving Wisconsin

What Evidence Is Used in a Truck Accident Case?

Several types of evidence can be used to prove liability in a truck accident case. Common forms of evidence in these cases include forensic evidence from the accident scene, the truck’s “black box” data, traffic or surveillance camera footage, eye-witness testimony, and expert witness testimony. Photos and videos from the crash site can serve as key evidence as well—and, if you have any photos or videos on your phone, you should keep them to share with your truck accident lawyer. Once you hire a truck accident lawyer to represent you, your lawyer will be able to open an investigation focused on preserving the evidence needed to prove your legal rights.

How Do You Determine Negligence in a Truck Accident Case?

Determining negligence in a truck accident case involves examining the available evidence to understand why the accident happened and who (or what company) is legally responsible. After collecting and preserving as much evidence as possible, your lawyer will rely on his or her experience to examine the evidence and make an informed decision about what claim (or claims) to pursue on your behalf. Trucking companies, truck manufacturers, shipping companies, maintenance providers, and various other companies can all be held liable for negligence in appropriate cases.

What Should I Do After a Collision with a Semi-Truck?

If you were involved in a collision with a semi-truck, you should have two priorities. First and foremost, you should make sure you get the medical treatment you need. Then, as soon as you are able to do so, you should talk to an experienced truck accident lawyer about your legal rights. It is important to conduct an investigation as soon after a semi-truck accident as possible—and, once you hire a lawyer to represent you, your lawyer will get to work on your case right away.

What If I was Partially at Fault for the Semi-Truck Accident?

You should not make any assumptions about who was at fault in your semi-truck accident. Determining fault requires a comprehensive investigation, and most semi-truck accidents are the result of truck driver negligence.

With that said, even if you were partially at fault, you may still be entitled to partial compensation. Since the financial and non-financial costs of semi-truck accidents can be substantial, it will still be well worth talking to an experienced Madison truck accident lawyer about your legal rights.

Are Truck Drivers Tested for Alcohol and Drugs After a Crash?

If a commercial truck driver receives a citation after a crash, the driver is required to be tested for alcohol and drugs under federal law. Truck drivers must comply with Wisconsin’s implied consent law in suspected drunk driving and drugged driving cases as well. Unfortunately, driving under the influence is far more common than it should be; and, far too often, innocent victims suffer serious, life-altering, and life-threatening injuries due to truck drivers’ poor decision-making. Victims of drunk driving and drugged driving accidents have clear legal rights, and we are committed to seeking accountability on behalf of victims and their families.

When Does a Truck Accident Need to Be Reported in Wisconsin?

Truck accidents should be reported any time they result in physical injuries or property damage. If you are unsure whether your truck accident has been reported, our lawyers can take appropriate action (if any) on your behalf.

Can I Sue Someone Personally After a Truck Accident?

Yes, just like other drivers, truck drivers can be held personally liable when they are responsible for causing serious and fatal accidents in Wisconsin. With that said, whether it makes sense to sue the truck driver, the truck driver’s employer, or a different company will depend on the circumstances involved. Along with liability for the crash, the insurance coverage that is available will be a key factor as well—as most successful truck accident claims are resolved through the insurance settlement process. Once we investigate your case, we will be able to determine which claim (or claims) it makes sense to pursue.

How Do You Protect Your Rights at the Scene of a Truck Accident?

The most important step you can take to protect your rights at the scene of a truck accident is to call 911. If possible, you should also take lots of photos and videos with your phone. If any witnesses stopped at the scene, you should ask for their contact information; and, if the police respond to the accident scene, you should obtain a copy of the police report before you leave.

With that said, regardless of what you were (or weren’t) able to do at the accident scene, you should contact an experienced truck accident lawyer for help as soon as possible. Even if you don’t have photos, videos, a copy of the police report, or any other evidence, your lawyer will be able to investigate the accident and help protect your rights by all means available.

The Madison truck accident lawyers at Boller & Vaughan have built a reputation for excellence in complex truck wreck cases. These claims can be extremely complex, involving several potentially liable parties, and require the knowledge, skill, and resources of a firm with extensive experience in these matters.

Accidents involving tractor-trailers or other large trucks and passenger vehicles result in higher rates of severe injuries and fatalities than car crashes, and the injury victims are most often passenger vehicle occupants. Unfortunately, it can also be more difficult for those hurt in truck accidents to recover the compensation they need because multiple parties may share liability, including trucking companies whose insurance providers will fight to limit what they pay to injury victims.

If you were hurt or a loved one was killed in a crash with a semi-truck or other large commercial vehicle in Wisconsin, the Madison truck accident lawyers at Boller & Vaughan may be able to help you recover the financial security you need to cope with medical expenses and other damages. Our lawyers have extensive experience navigating the complexities of truck accident claims and helping injury victims get their lives back on track.

Call for a FREE Consultation (608) 268-0268

How Are Large Truck Accidents Different?

Large truck accidents are inherently different than other types of motor vehicle crashes. There are obvious physical differences, but complicated liability issues also exist.

The National Highway Traffic Safety Administration (NHTSA) considers a “large truck” any truck—with the exception of buses and motor homes—that has a gross vehicle weight rating of greater than 10,000 pounds. This includes many types of commercial motor vehicles (CMVs), which are defined as such by their uses: transporting goods or passengers for the profit of an individual or business.

Examples of large commercial vehicles include:

  • Semi-trucks, also known as 18-wheelers and tractor-trailers
  • Charter buses or vans
  • Airport/hotel shuttles
  • Construction vehicles
  • Delivery trucks or vans
  • Moving trucks or vans

While many traffic accidents involve multiple parties, some of whom may share liability, large-truck crashes sometimes stem from the negligence of third parties who were not directly involved in the collision. This can force victims to fight for the money they need on multiple fronts.

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$3.5
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$3
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Long Term Care Settlement
$2.75
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Long Term Care Settlement

How Much Is My Truck Accident Case Worth?

If you’ve been seriously injured in a truck accident, the consequences can be devastating—physically, emotionally, and financially. At Boller & Vaughan, our Madison truck accident attorneys are committed to helping you recover the full compensation you deserve.

Understanding the Value of Your Claim

In legal terms, the compensation you may be entitled to is referred to as damages. These damages are meant to cover the wide range of losses you’ve suffered due to someone else’s negligence. In a truck accident case, recoverable damages may include:

  • Medical expenses: This includes both current medical bills and projected future costs for surgery, therapy, rehabilitation, and ongoing care.
  • Lost income and benefits:  If your injuries prevent you from working, you may be compensated for wages you’ve lost and benefits you can no longer access.
  • Loss of earning capacity: If you’re unable to return to your previous job or work at all, we’ll fight to recover compensation for your diminished ability to earn a living.
  • Property damage: Including the cost to repair or replace your vehicle and other damaged property.
  • Out-of-pocket expenses: This can include home healthcare services, mobility aids, vehicle or home modifications, transportation for medical appointments, and more.
  • Pain and suffering: For the physical discomfort and emotional distress your injuries have caused.
  • Permanent disability or disfigurement: Including compensation for scarring, amputation, or other life-altering effects.
  • Loss of consortium: Damages that account for the impact on your relationship with a spouse or partner.

Are Punitive Damages Possible?

In cases involving especially reckless or malicious behavior—such as intoxicated driving, falsified logbooks, or willful safety violations—you may also be entitled to punitive damages. These are not intended to compensate you for a specific loss, but rather to punish the at-fault party and deter similar behavior in the future.

In Wisconsin, recovering punitive damages requires clear and convincing evidence of intentional misconduct or a “conscious disregard for the safety of others.” While punitive damages are rare, our truck accident lawyers pursue every avenue to hold wrongdoers fully accountable.

Wrongful Death Damages

If you’ve lost a loved one in a fatal truck crash, a lawyer for a truck accident can help your family pursue a wrongful death claim. You may be entitled to compensation for:

  • Funeral and burial expenses
  • Medical costs incurred prior to death
  • Loss of financial support
  • Loss of companionship, guidance, and emotional support
  • Grief, sorrow, and mental anguish

How We Determine Case Value

No two truck accident claims are the same. The value of your case depends on many factors, such as the severity of your injuries, the impact on your ability to work, available insurance coverage, and whether multiple parties share liability.

At Boller & Vaughan, we work with medical experts, financial specialists, and accident reconstruction professionals to assess the full scope of your losses. We don’t take shortcuts. Whether negotiating with insurance companies or representing you at trial, we’re here to fight for everything you’re owed.

Liability in Large Truck Crashes

If you were injured in a crash with a semi-truck or other large commercial motor vehicle (CMV), getting the compensation you deserve is rarely a straightforward process. Unlike typical passenger vehicle accidents, truck crash cases often involve complex questions of liability, multiple potentially responsible parties, and aggressive insurance companies working to minimize their payouts.

At Boller & Vaughan, our experienced truck accident lawyers know how to conduct thorough investigations, identify all liable parties, and hold them accountable for the harm they’ve caused. We build strong, evidence-based claims that stand up to scrutiny—whether at the negotiating table or in court.

Why Determining Liability Is So Complicated

Commercial trucking is a highly regulated industry with many moving parts—literally and figuratively. When a crash occurs, responsibility may lie with one or more parties, each with their own insurance policies and legal teams. Unraveling who is liable requires deep knowledge of federal and Wisconsin trucking regulations, meticulous documentation, and often the input of crash reconstruction and industry experts.

Who Can Be Held Responsible?

Several different parties may be liable for a large-truck crash:

  • The truck driver: If the driver was speeding, distracted, fatigued, under the influence, or violated hours-of-service regulations, they may be directly responsible for the accident. Driver error is one of the leading causes of truck crashes.
  • The trucking company: Motor carriers are often liable for their employees’ actions and may also be directly negligent for poor hiring practices, lack of driver training, failure to conduct background checks, unrealistic delivery schedules that encourage unsafe driving, or neglecting required vehicle inspections.
  • The owner of the truck or trailer: Ownership of the cab and trailer is not always the same. A separate entity may be responsible for maintaining the vehicle or ensuring it meets safety requirements. If the owner failed in those duties, they could be held accountable.
  • Maintenance or repair personnel: Regular maintenance is essential for safe truck operation. If a maintenance contractor or in-house technician performed substandard repairs or failed to identify a mechanical issue, they may share in the liability.
  • The truck or parts manufacturer: Sometimes, crashes are caused by defective components such as brakes, tires, steering systems, or coupling devices. In these cases, the manufacturer of the truck or specific part may be liable under product liability laws.
  • The cargo loaders: Improperly loaded or unsecured cargo can cause a truck to become unbalanced or spill onto the roadway. If a third-party freight company or loading crew failed to follow proper loading procedures, they may be to blame for the resulting accident.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.

Joni Peitrowski
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Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.

Aimee McCann
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I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!

Ryan M.
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After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.

Phyllis Priem
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After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.

A. Graves

How to Prove Liability in a Truck Accident Claim

To recover compensation after a truck accident, you need more than just proof of injury. You must show that someone else’s negligence caused your injuries. At Boller & Vaughan, we understand what’s at stake—and we know how to build strong, evidence-backed claims that stand up to scrutiny.

The Legal Elements of Negligence

In any personal injury case, including truck accidents, the plaintiff (the injured party) must prove the following elements:

  1. Duty of Care: The defendant owed you a legal duty to act with reasonable care. For example, truck drivers must follow traffic laws and federal trucking regulations to keep others safe on the road.
  2. Breach of Duty: The defendant failed to uphold that duty. This could involve speeding, driving while fatigued, failing to maintain the vehicle, or violating industry regulations.
  3. Causation: The defendant’s actions (or failure to act) directly caused your injuries. It must be shown that the breach of duty led to the crash and your resulting harm.
  4. Damages: You suffered measurable losses—medical bills, lost wages, pain and suffering, and more—as a result of the accident.

Proving each of these elements requires a thorough investigation and persuasive documentation.

Potential Evidence in a Truck Accident Claim

Because of the complexity of commercial trucking operations, truck accident claims often require specialized evidence that goes beyond what’s typically involved in a passenger car accident. Multiple parties may be responsible, and each will likely have their own insurer and legal defense team. Gathering the right evidence is essential to holding all negligent parties accountable.

At Boller & Vaughan, we dig deep to uncover every detail, relying on sources such as:

  • Electronic Logging Device (ELD) data:  ELDs record hours of service and driving patterns. These logs can show whether a driver was in violation of federal rest requirements, which may indicate fatigue or falsified records.
  • Maintenance and inspection records: Poor vehicle upkeep can point to negligence on the part of the trucking company, vehicle owner, or maintenance provider.
  • Driver qualification and training files: We examine hiring records, drug test results, licensing, and training certifications to determine if the trucking company failed to vet or train the driver properly.
  • Police reports: Official crash reports contain initial fault assessments, citations issued, and statements from parties involved. These reports are a starting point for further investigation.
  • Onboard camera footage: Dashcams or rearview cameras may capture the moment of impact, road conditions, or a driver’s behavior in the moments before the crash.
  • Eyewitness statements: Testimony from people who saw the crash can help clarify how it happened and who may be at fault.
  • Expert evaluations: Accident reconstruction experts, mechanical engineers, and medical professionals can provide analysis and opinions that strengthen your case.
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Your initial consultation with our lawyers is FREE. During your consultation we will evaluate the merits of your case and give you our honest opinion of whether or not it is worth pursuing.

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What Causes Commercial Trucking Accidents?

Common factors in truck accidents include:

  • Driver negligence, including distracted driving, fatigued driving, driving under the influence of alcohol or other drugs, or driving too fast for conditions
  • Insufficient driver training
  • Improperly secured trailer
  • Inadequate vehicle maintenance
  • Defective vehicle or faulty vehicle parts
  • Overloaded or improperly loaded cargo

The Madison truck accident attorneys at Boller & Vaughan have the experience and resources to rigorously investigate your claim and aggressively pursue the financial peace of mind you need to fully recover.

Get Help Now!

Your initial consultation with our lawyers is FREE. During your consultation we will evaluate the merits of your case and give you our honest opinion of whether or not it is worth pursuing.

How Long Do You Have to Sue for Injuries?

If you were injured in a truck accident in Wisconsin, you only have a limited time to take legal action. This legal time limit is known as the statute of limitations, and once it expires, you may permanently lose your right to recover compensation.

Wisconsin’s Statute of Limitations for Truck Accident Injuries

In most personal injury cases, including those involving large truck or commercial vehicle crashes, Wisconsin law gives you three years from the date of the accident to file a lawsuit. This applies whether you are pursuing a claim against a truck driver, a trucking company, or any other liable party.

If you fail to file your lawsuit within this time frame, the court will likely dismiss your case, and you will have no legal recourse, no matter how strong your claim may be.

What If the Accident Resulted in Death?

If your loved one passed away as a result of injuries from a truck accident, you may be eligible to file a wrongful death claim. In Wisconsin, the statute of limitations for wrongful death is typically two years from the date of death, not the date of the accident. This shorter timeline makes it especially important to speak with an attorney as soon as possible.

Why Acting Quickly Matters

Although three years may seem like plenty of time, the clock starts ticking immediately after a crash. Evidence can be lost, witnesses’ memories can fade, and trucking companies may dispose of or overwrite key data unless legal action is taken to preserve it. The sooner you get legal representation, the better your chances of building a strong and complete case.

At Boller & Vaughan, we move fast to secure evidence and protect your rights. We handle communications with the insurance companies, preserve critical documents, and make sure no deadlines are missed.

How Can a Lawyer Help After a Truck Accident?

After a serious truck accident, victims often face an overwhelming road to recovery—physically, emotionally, and financially. Insurance companies may offer fast settlements that fall far short of what you truly need, and investigating the crash can be difficult without legal support.

At Boller & Vaughan, our truck accident attorneys are committed to leveling the playing field and helping you pursue the full compensation you deserve. Here’s what we can do for you:

Investigate the Crash Thoroughly

Truck accidents are complex events that often involve multiple vehicles, companies, and layers of liability. We launch a detailed investigation to uncover what really happened, preserve crucial evidence, and determine who is responsible.

Identify All Liable Parties

From the truck driver and their employer to third-party maintenance crews, cargo loaders, or manufacturers, we identify every party that may share responsibility—and every source of compensation.

Gather and Preserve Key Evidence

We act quickly to secure time-sensitive evidence such as:

  • Electronic logging device (ELD) data
  • Vehicle inspection reports
  • Maintenance records
  • Surveillance and dashcam footage
  • Driver logs and personnel files
  • Black box data

We also consult with accident reconstruction experts and medical professionals when needed to support your claim.

Handle Insurance Communications

Trucking companies and insurers often have teams of adjusters and lawyers working to protect their bottom line. We handle all communication on your behalf to ensure your rights are protected and you don’t fall victim to lowball offers or misleading tactics.

Calculate the Full Value of Your Claim

We account for both current and future damages: medical expenses, lost income, reduced earning capacity, pain and suffering, disability, and more, so you don’t settle for less than your case is worth.

Negotiate or Litigate for Maximum Compensation

Whether it’s through skilled negotiation or aggressive representation in court, our goal is simple: to fight for the best possible outcome for you and your family.

At Boller & Vaughan, we understand the toll a truck accident can take. Our team is here to answer your questions, guide you through the legal process, and pursue justice on your behalf, every step of the way.

Experienced Legal Representation for Truck Accident Victims

In the aftermath of a truck accident, taking legal action may be one of the last things on your mind. But time is of the essence to preserve evidence and protect your right to take legal action for compensation.

With a few exceptions, the statute of limitations—or deadline—for filing a personal injury case in Wisconsin is three years from the date of the injury. Claims involving a vehicle-related death, however, must be filed within two years from the date of death.

The Madison truck accident lawyers at Boller & Vaughan offer FREE, no-obligation consultations to help you determine whether you have a case and to understand your legal options. Our attorneys also work on a contingent-fee basis, which means we don’t charge for our services unless we achieve a successful settlement or verdict on your behalf.

If you were hurt or a loved one was killed in a large-truck crash, please call us today at 608-268-0268 to arrange your complimentary consultation or contact us online to get started now.


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