The weight of a large truck increases the risk of more severe crash damage, injuries and deaths.
Our Milwaukee office handles truck accident claims under Wisconsin law and the federal safety rules that govern commercial trucking. We work on a contingency fee, so you pay no attorney fee unless we recover money for you.
Wisconsin Law for Truck Accident Claims
The basic rules for a truck crash are the same as for any vehicle crash in Wisconsin. The driver who caused it, and that driver’s liability insurer up to the limits of its policy, can be held responsible for the losses (Wis. Stat. 632.24).
Filing Deadlines
In Wisconsin, most personal injury lawsuits must be filed within 3 years (Wis. Stat. 893.54(1m)(a)). If a crash takes someone’s life, the family’s wrongful death claim must be filed within 2 years (Wis. Stat. 893.54(2m)).
Shared Fault
Under Wisconsin’s comparative negligence rule, you can still recover if your share of fault is not greater than the share of the person you are claiming against, but your compensation is reduced by your percentage of fault (Wis. Stat. 895.045(1)). When more than one party caused the crash, your fault is compared against each one separately, and a party found 51 percent or more at fault can be made to pay the full damages (Wis. Stat. 895.045(1)).
More Than One Responsible Party
Federal rules make the trucking company responsible for requiring its drivers to follow the federal safety rules (49 CFR 390.11). If a defective part such as a brake component or tire caused the crash, Wisconsin’s product liability statute can hold the manufacturer responsible when the defect made the product unreasonably dangerous (Wis. Stat. 895.047(1)).
Federal Trucking Safety Rules That Apply in Wisconsin
Wisconsin has adopted the federal motor carrier safety regulations, including the rules on driver qualifications, driving of motor vehicles, parts and accessories, hours of service, and inspection, repair and maintenance (Wis. Admin. Code Trans 325.02).
Hours of Service
Federal rules limit how long truck drivers can be on the road. Under federal rules, an interstate driver carrying property may drive up to 11 hours, only within a 14-hour window after coming on duty, and only after 10 consecutive hours off duty (49 CFR 395.3). A driver also may not keep driving once 8 hours of driving time have passed without a break of at least 30 consecutive minutes, with short-haul exceptions (49 CFR 395.3).
Weekly limits bar driving after 60 hours on duty in 7 consecutive days, or 70 hours in 8 consecutive days for carriers that operate every day of the week (49 CFR 395.3). For trucks that operate only within Wisconsin, state rules set a 12-hour driving limit following 10 consecutive hours off duty (Wis. Admin. Code Trans 327.03(10)).
Insurance Requirements
Federal rules require for-hire interstate carriers hauling general freight in trucks over 10,000 pounds to carry at least $750,000 in liability coverage (49 CFR 387.9). That is far more than the minimum on a passenger car.
How Truck Accidents Happen
Driver Fatigue
Carriers must keep each driver’s records of duty status and supporting documents, such as dispatch records and expense receipts, for at least 6 months (49 CFR 395.8(k) and 395.11).
Improper Loading
Federal rules bar driving a truck unless its cargo is properly distributed and adequately secured (49 CFR 392.9). Cargo must be secured so it does not shift in a way that hurts the truck’s stability or handling, and so it does not leak, spill, blow or fall from the truck (49 CFR 393.100).
Poor Maintenance
Carriers must require drivers to complete a written inspection report at the end of each day’s work covering parts such as brakes, lights and tires (49 CFR 396.11). Carriers must systematically inspect, repair and maintain their vehicles and keep records of that work (49 CFR 396.3).
Blind Spots and Wide Turns
Large trucks have large blind spots around them and need extra room to turn. A truck turning right may first move left to create enough turning space, according to FMCSA.
Speed and Following Distance
Large trucks can need the length of up to two football fields to stop safely. Outside business and residence districts, Wisconsin requires the driver of a truck over 10,000 pounds to stay at least 500 feet behind the vehicle ahead, with limited exceptions such as when passing (Wis. Stat. 346.14(2)(a)).
Unqualified Drivers
A motor carrier may not let anyone drive a commercial motor vehicle unless that person is qualified to do so (49 CFR 391.11). Each carrier must keep a driver qualification file for every driver it employs (49 CFR 391.51).
Injuries and Compensation After a Truck Crash
Learn more about brain injury claims and burn injury claims.
When we build a truck accident claim, we document:
- Emergency treatment, surgery and rehabilitation
- Future medical care and in-home help
- Lost income and reduced ability to work
- Pain, emotional distress and loss of enjoyment of life
- Vehicle and property damage
Punitive damages, which punish rather than compensate, may be available when the defendant acted maliciously or in intentional disregard of your rights (Wis. Stat. 895.043(3)). They are generally limited to twice the compensatory damages or $200,000, whichever is greater, but that limit does not apply to a driver who was too intoxicated to drive safely (Wis. Stat. 895.043(6)).
When a truck crash is fatal, some wrongful death damages are limited. Damages for loss of society and companionship are capped at $350,000 when the person who died was an adult and $500,000 when the person was a minor (Wis. Stat. 895.04(4)). The family’s representative may also recover reasonable medical and funeral expenses (Wis. Stat. 895.04(5)).
What to Do After a Truck Accident in Milwaukee
- Call 911 and get medical care right away
- Photograph the truck, its company name, DOT number and license plate
- Take pictures of the scene, the vehicles, skid marks and your injuries
- Get the truck driver’s name, employer and insurance information
- Collect names and phone numbers from witnesses
- Do not give a recorded statement to the trucking company or its insurer
- Keep all medical records, bills and proof of missed work
- Call 844-SEE-MIKE quickly so we can start investigating
How 844-SEE-MIKE Helps After a Milwaukee Truck Accident
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Frequently Asked Questions
How is a truck accident claim different from a car accident claim?
Truck claims can involve records that federal rules require carriers to keep, such as driver logs, inspection reports and driver qualification files (49 CFR 395.8, 396.11 and 391.51).
What if the truck belonged to the city or county?
Claims involving a local government vehicle, such as a city garbage truck or county plow, generally require written notice of the claim within 120 days (Wis. Stat. 893.80(1d)(a)). For a claim based on the negligent operation of a vehicle owned and operated by a city, county or other municipality, recovery is capped at $250,000 (Wis. Stat. 345.05(3)).
Should I talk to the trucking company’s insurance adjuster?
You can give basic contact details, but avoid discussing fault, your injuries or how you feel.
Who can bring a claim if a family member died in a truck crash?
A wrongful death claim may be brought by the personal representative of the person who died or by the person entitled to the recovery (Wis. Stat. 895.04(1)). We can explain how this works for your family during a free consultation.
Learn about car accident claims or return to our Milwaukee personal injury overview.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
