Eau Claire Truck Accident Attorneys

The trucks driving up and down I-94 through Eau Claire are vital to our economy, delivering goods from all over the country. Unfortunately, drivers and trucking companies are under intense pressure to get their loads delivered on time, which sometimes results in compromises on basic safety. The Eau Claire truck accident attorneys of Bye, Goff & Rohde have seen tragic results too many times.

For the victim of an accident involving a semi-truck, it all starts with a feeling of powerlessness. There was nothing you could do to avoid the wreck. In the aftermath, you may feel powerless against the insurance company handling your claim. We are here to help you regain a sense of control. Our Eau Claire injury attorneys will begin by listening to you, taking the time to learn about the particulars of your case. Then, our attorneys will dig until the facts of your case are clear and understandable. We will then build your case and seek maximum compensation, taking it to trial if we cannot reach a favorable settlement with the other party. 

Our attorneys are on your side. Call us at (534) 202-5404 to schedule a free consultation today.

Overview of FMCSA Regulations

Federal trucking regulations set standards for commercial motor vehicles (CMVs), drivers, and trucking companies to ensure safety on the roads. Some key regulations established by the Federal Motor Carrier Safety Administration (FMCSA) that drivers and trucking companies must follow include:

• Hours of Service (HOS): These regulations limit the number of hours a driver can operate a commercial vehicle within a specific period to prevent driver fatigue. For example, drivers must take breaks after a certain number of consecutive driving hours and adhere to daily and weekly rest periods.
• Electronic Logging Devices (ELDs): Mandated to replace paper logbooks, ELDs track a driver's hours of service automatically to ensure compliance with HOS regulations accurately.
• Commercial Driver's License (CDL): Drivers operating commercial vehicles must possess a valid CDL with the appropriate endorsements for the type of vehicle and cargo they transport.
• Drug and Alcohol Testing: Trucking companies are required to conduct drug and alcohol testing for drivers in accordance with specific guidelines. Pre-employment, random, post-accident, and reasonable suspicion testing are among the types mandated.
• Vehicle Maintenance and Inspections: Regular maintenance and inspection of commercial vehicles are mandatory to ensure they meet safety standards. This includes brake checks, tire maintenance, and general mechanical upkeep.
• Weight Limits: Regulations determine the maximum weight a truck can carry on different types of roads and bridges, aiming to prevent excessive strain on infrastructure and maintain safety.
• Hazardous Materials Transportation: Guidelines regulate the handling, labeling, and transportation of hazardous materials to prevent accidents and environmental hazards.
• Driver Qualifications: Specific qualifications, including age, medical fitness, and driving history, must be met by drivers to operate commercial vehicles.
• Record-Keeping Requirements: Trucking companies are required to maintain records of driver duty status, vehicle inspections, maintenance, and other essential documents for a set period.

These regulations are designed to promote safety, reduce accidents, protect drivers and passengers, and ensure the proper functioning of the commercial transportation industry. Non-compliance with these regulations can result in penalties, fines, or restrictions on operating licenses for both drivers and trucking companies.

What Are the Common Types of Truck Accidents?

A truck accident is an incident involving a large truck, such as a semi-truck, tractor-trailer, or big rig, and typically involves collisions with other vehicles, pedestrians, or stationary objects. These accidents can result in serious injuries, fatalities, and significant property damage due to the size and weight of trucks.

Common types of truck accidents include:

• Rear-end collisions: When a truck crashes into the back of another vehicle. This can happen due to sudden stops, distracted driving, or tailgating.
• Jackknife accidents: These occur when the trailer of a truck swings outward, forming an angle with the cab, resembling the shape of a folding pocket knife. This often happens due to sudden braking or slippery road conditions.
• Rollovers: When a truck tips over onto its side or roof. Rollovers can be caused by speeding, taking a turn too sharply, or improper loading of cargo.
• Underride accidents: When a smaller vehicle slides underneath the trailer of a truck, often resulting in severe injuries or fatalities for the occupants of the smaller vehicle.
• Blind spot accidents: Trucks have large blind spots where smaller vehicles can be hidden from the driver's view. Accidents occur when trucks change lanes or make turns without realizing a vehicle is in their blind spot.
• Tire blowouts: Sudden tire failures on trucks can cause the driver to lose control, leading to accidents.
• Cargo-related accidents: Improperly loaded or unsecured cargo can shift during transit, causing the truck to become unstable or spill its load onto the road, creating hazardous conditions for other vehicles.

What Are the Common Causes of Truck Accidents?

Car accidents are one of the most common causes of injury and death in Wisconsin and Minnesota. At Bye, Goff & Rohde, we understand how devastating these accidents can be for both victims and their families. We also know that many different factors can contribute to truck accidents.

Accidents involving a truck are commonly the result of:

• Driver Fatigue
• Reckless Driving
• Speeding
• Improperly Balanced Loads
• Defective Manufacturing
• Improper Vehicle Maintenance

You deserve to know why your accident happened and to have justice served in your case.

Federal Truck Common Injuries Associated with Truck Accidents 

Trucking accidents can result in a wide range of injuries, many of which can be serious or life-threatening. 

The most common injuries stemming from trucking accidents include: 

• Traumatic Brain Injury: The leading cause of disability related to trucking accidents. These types of brain injuries are often caused by blunt force trauma to the head resulting from the impact of a crash with a large commercial vehicle. Victims may suffer cognitive impairments such as memory loss, confusion, and difficulty focusing on tasks. Victims may also experience physical symptoms such as headaches, dizziness, tinnitus (ringing in the ears), vision problems, and paralysis. 
• Spinal Cord Injuries: These are common among victims of trucking accidents. These types of injuries often result in permanent paralysis due to tears or displacement of the vertebrae that make up the spine. Victims may lose sensation in any part of their body below where the damage was incurred. Additionally, victims may experience difficulty walking or controlling bodily functions such as bladder control or breathing, depending on the severity of the injury. 
• Broken Bones: Bone fractures are another frequent consequence of trucking accidents. Fractures can occur in any bone in the body but typically manifest most commonly around feet and ankles due to bracing for impact during an accident. 
• Soft Tissue Injuries: Injuries like whiplash are also common among victims who were not wearing seatbelts at the time of an accident. These sprains occur when ligaments that support a joint stretch beyond their normal limits causing pain and reduced mobility. 
• Burns and Lacerations: When a vehicle is damaged severely enough for its airbags to deploy, or if it leaks combustible materials such as fuel or oil following an accident, victims may suffer burns, scrapes, or lacerations. These severe skin wounds often require immediate medical attention to prevent infection or long-term scarring. 
• Post Traumatic Stress Disorder (PTSD): Another condition that victims might develop after being involved in a traumatic event like a trucking accident, PTSD is a type of psychological injury that can cause intense feelings of fear, anxiety, and depression, which require medical treatment to return to normalcy before an incident occurred. 
• Internal Organ Damage: Organs like the lungs, heart, brain, stomach, liver, and kidney can all sustain various levels of trauma due to extreme pressure released upon impact with a large commercial vehicle

Following an accident, it is essential to have a medical report written up as soon as possible. This will give us critical information crucial to supporting your claim or lawsuit.

Who Can Be Found at Fault for a Truck Accident?

While determining liability in some areas of personal injury law is reasonably straightforward, trucking accidents are more complicated. In cases like these, numerous parties can be found liable for different reasons. 

Liability could fall on any of the following parties in your case: 

• The Driver: The driver can be considered at fault if they drove carelessly during your accident. Tailgating, excessive speed, and driving under the influence would be considered careless driving.
• The Driver’s Employer: If the truck driver was operating within the scope of their employment when they caused your accident, you might be able to file a claim or sue the driver’s employer.
• Service Technicians: If someone performed shoddy maintenance or incorrectly installed a part on your truck, they could be found negligent since their actions contributed to the accident.
• The Person Who Loaded the Truck: If improperly loaded or insecure cargo led to the accident, the person or company responsible for loading the truck could be liable.
• The Manufacturer of the Truck or Its Parts: Product defects often lead to auto accidents, and trucking accidents are no exception. If a faulty part contributed to your accident, you could seek damages from the manufacturer of the part or the truck itself.

The list above is not exhaustive, as many things can lead to a truck accident. For example, a person’s aggressive or careless driving could lead a trucker to over-correct, resulting in an accident. In this case, the other car’s driver could conceivably be found liable for the accident. 

We will perform a comprehensive analysis of your accident, taking care to note any potentially liable parties. We will pursue all potential damages from all responsible parties, leaving no stone unturned in our fight for your justice. 

Where Do Truck Accidents Occur in Eau Claire?

Factors that contribute to dangerous roads for truck accidents in any area can include narrow lanes, sharp curves, heavy traffic congestion, poor road conditions, inadequate signage, and inclement weather.

In Eau Claire, WI, some roads and highways may pose higher risks due to these factors. One notable highway in the region, as we mentioned earlier, is Interstate 94, which connects major cities like Minneapolis and Milwaukee. High traffic volumes, especially from commercial trucks, and adverse weather conditions during winter can make this route challenging. Additionally, local roads with heavy industrial activity or construction zones may also see higher rates of truck accidents.

Contact Us Today

If you choose to put us to work, you owe us nothing unless we win your case or get you a settlement. We encourage you to schedule a free, no-obligation consultation for your case as soon as possible. You are not powerless during this process. Allow us to fight back on your behalf, and give us a call today.

To schedule a free consultation, call us at (534) 202-5404 or contact us online.