In 2023, Wisconsin recorded over 6,000 crashes involving large trucks, leading to over a thousand serious injuries and 72 fatalities across the state.
Unlike typical car crashes, liability in truck accidents can involve multiple parties, from the truck driver and their employer to maintenance providers and cargo loaders. These deep-pocketed parties fight hard to avoid responsibility, often leaving victims with lowball settlement offers.
That’s why many turn to Murphy & Prachthauser—Milwaukee’s go-to Wisconsin truck accident attorneys. With decades of experience handling complex liability claims, they know how to hold negligent trucking companies accountable and pursue the full compensation clients deserve. Whether uncovering logbook violations or exposing negligence in fleet management, they know how to build strong, evidence-backed claims.
1. Understanding Liability in Truck Accidents
Legal liability means one party may be required to compensate another for injuries or damages caused by their actions or inaction. In truck accident cases, this often comes down to proving either negligence or strict liability.
1.1 What Is Legal Liability?
The most common form of liability is negligence—failing to act with reasonable care. For example, a truck driver exceeds their legal hours of service and causes a crash after falling asleep at the wheel, due to not taking their required break.
Strict liability, which is less common in truck cases, can apply when a defective truck part or hazardous cargo causes harm. If a truck transporting industrial chemicals experiences a valve malfunction due to a manufacturing defect, leading to a chemical spill and multi-vehicle crash, strict liability may come into play.
1.2 Elements of Negligence
To prove negligence in a truck accident case, four elements must be met:
First, the plaintiff must establish duty of care. Truck drivers and carriers have a legal obligation to follow safety laws and regulations, such as:
Next is breach of duty. When a driver or company violates these regulations, it can serve as strong evidence that they failed their duty of care, especially when it involves hours violations, unqualified drivers, or improper vehicle maintenance.
Third is causation, showing that the breach directly caused the accident.
Finally, damages must be proven. Common damages include:
- Medical expenses: $25,000-$500,000+
- Lost wages: $5,000-$100,000+
- Pain and suffering: Varies by case, but can reach six or seven figures in severe injury claims
These figures are based on past truck accident settlements and real client outcomes. Our team works with medical and financial experts to fully value your claim.
1.3 Wisconsin’s Modified Comparative Negligence
Under Wis. Stat. § 895.045, a person can recover compensation even if they were partially at fault, as long as they are less than 51% responsible. The award is reduced by the plaintiff’s percentage of fault. For example, if you’re found 20% at fault in a $100,000 verdict, your award would be reduced by 20%, resulting in an $80,000 payout.
2. Who Can Be Held Liable?
Truck accidents often involve more than one liable party. Below, find out which parties may be held responsible and how liability is determined.
2.1 The Truck Driver
Truck drivers can be held liable for negligent actions such as driving while fatigued, speeding, or failing drug or alcohol testing. These behaviors violate FMCSA rules and contribute to liability, and these violations often serve as strong evidence in personal injury claims.
Callout: Top 3 Truck Driver Violations We See Most Often:
- Driving beyond legal hours
- Distracted driving
- Positive drug or alcohol screenings
2.2 The Trucking Company
Trucking companies can be held liable in two primary ways: vicarious liability and direct liability.
Under vicarious liability, companies are responsible for their employees’ actions while on the job.
Direct liability, on the other hand, applies when a company’s own negligence contributes to the accident. When they cut corners in safety or oversight, they may be at fault.
We prove company fault by reviewing driver records, examining inspection logs and repair records, and identifying gaps in driver supervision and safety training.
2.3 Owner‑Operators & Lease Agreements
Many trucking accidents involve independent drivers, which doesn’t always shield the carrier from liability.
Q: I thought independent drivers weren’t covered—how does that work?
A: Even if a driver is an owner-operator, the carrier may still be liable under federal regulations or if the truck displays the company’s USDOT number. Liability depends on the specifics of the lease agreement and the control the carrier exercises.
2.4 Other Potential Defendants
Truck accident liability can extend beyond just the driver or company. In many cases, other parties may share responsibility. Vehicle and parts manufacturers can be held liable if a defect, such as faulty brakes, tires, or steering components, contributes to the crash. Cargo loaders may be at fault if freight is unbalanced or improperly secured, increasing the risk of rollovers or jackknifes. Maintenance companies can also be held responsible when critical repairs are done improperly or inspections are skipped altogether.
For safety updates or defect recalls, visit the Wisconsin DOT Motor Carrier Enforcement and Vehicle History and Recall Information webpages.
3. Key Federal & State Regulations
Both federal and state laws play a vital role in determining liability after a truck accident, with specific regulations designed to promote safety and hold negligent parties accountable.
3.1 Federal Motor Carrier Safety Regulations (FMCSRs)
The Federal Motor Carrier Safety Regulations (FMCSRs) set national standards for truck drivers, vehicles, and carriers, which are critical for establishing legal liability after a crash.
Top FMCSR Violations in Wisconsin Truck Accidents:
- Hours‑of‑Service (49 C.F.R. § 395)
- Limits driving hours to prevent fatigue-related crashes.
- Driver Qualifications (49 C.F.R. § 383)
- Ensures commercial drivers meet safety, training, and licensing requirements.
- Vehicle Maintenance & Inspections (49 C.F.R. § 396)
- Requires routine inspections and repairs to keep trucks road-safe.
Violations of these regulations often indicate negligence and can strengthen injury claims.
3.2 Wisconsin Statutes & Admin Code
In addition to federal regulations, Wisconsin state laws establish important rules for determining liability in truck accident cases. These statutes address who can be held responsible and outline procedures that help preserve critical evidence following a crash.
- Owner Liability: Wis. Stat. § 346.70
- Vehicle owners may be held liable for accidents involving their trucks, even if they weren’t driving.
- Reporting Requirements: Wis. Stat. § 346.675 for coroners and medical examiners.
- Medical examiners and coroners must report deaths from vehicle accidents, which can help preserve critical evidence early in the legal process.
4. Common Causes of Truck Accidents in Milwaukee
Milwaukee sees many commercial truck accidents each year, many of which share similar underlying causes. From driver error to mechanical issues and hazardous road conditions, understanding these factors is essential to building a strong case.
4.1 Driver‑Related Factors
Many truck accidents in Milwaukee stem from preventable driver behaviors. Common driver causes include fatigue from hours-of-service violations, distracted driving, and drug or alcohol use.
Callout: Driver Behavior Quick Facts
- Fatigue involved in 13% of large truck crashes (FMCSA)
- Distraction reported in over 6% of fatal truck crashes (FMCSA)
For more metrics, visit the FMCSA’s webpages.
4.2 Vehicle‑Related Factors
Mechanical failures such as brake malfunctions, tire blowouts, and axle defects can contribute to crashes. Some of these are subject to NHTSA recalls.
NHTSA recalls have affected commercial truck models with brake and steering issues, some reported in Wisconsin.
In a recall tied to Milwaukee, Pierce Manufacturing flagged fire trucks for accelerator pedal defects that could cause unintended acceleration (NHTSA Recall).
4.3 Environmental & Roadway Factors
Poor signage, hazardous weather conditions, and road design flaws all elevate risk. Snow and ice are especially problematic on I-94 and city corridors during winter.
Callout: Winter Driving Hazards on I-94 in Milwaukee
Rapid snow accumulation and low visibility near the Marquette Interchange makes this stretch especially risky during storms.
4.4 Milwaukee Hotspots
Certain intersections and corridors see repeated truck crashes. For example, the intersection of N 27th St & W Fond du Lac Ave has seen 38 truck-involved collisions reported truck collisions. Similarly, N 51st Blvd & W Capitol Dr has been identified as one of the top 5 most dangerous intersections for large vehicle traffic.
The City of Milwaukee High Injury Network highlights high-risk truck routes and key corridors per MKE Crash Analysis Report.
5. Proving Liability: Evidence & Experts
To build a strong truck accident claim in Wisconsin, securing key documents is essential.
5.1 Gathering Critical Evidence
Here are five imporrtant documents when building your case:
- Police & crash reports: Establishes initial fault assessment.
- “Black box” EDR data: Captures speed, braking, and impact force during the crash.
- Maintenance logs & inspection reports: Reveal overlooked safety issues.
- Driver logs & dispatch records: Help identify HOS violations and fatigue.
- Employment and training records: Show if the driver was properly vetted and qualified.
Callout: How we get them:
These documents are often obtained through formal subpoenas, discovery requests, or preserved via spoliation letters sent immediately after a crash.
5.2 Expert Witnesses
Specialists play a critical role in building a strong truck accident case by interpreting technical evidence and providing credibility in court. These specialists help clarify key details that may not be obvious to a jury or judge.
Accident reconstruction specialists recreate crash scenes to determine how and why the collision happened.
FMCSA compliance experts and experts familiar with industry standards analyze driver logs and carrier practices for federal rule violations.
Medical and economic damages experts quantify injury severity, future care costs, and lost earning potential.
5.3 Establishing Negligence Per Se
When a truck driver or company violates a safety statute, like an FMCSA Hours-of-Service rule or Wis. Stat. § 346.70, that breach can be used as automatic evidence of negligence.
Callout: Case Snippet:
In Werner Transportation Co. v. Barts (1973), the Wisconsin Supreme Court held that operating a vehicle without the required taillights, as mandated by Wis. Stat. § 347.13, was negligence per se. This violation directly contributed to a collision.
6. Statute of Limitations & Filing Deadlines
Wisconsin law limits how long you have to file a truck accident claim. It’s crucial to act within the legal timeframe to preserve your case.
Callout: Don’t Miss Your Deadline!
Early investigation preserves evidence and maximizes recovery.
7. Milwaukee‑Specific Considerations
Truck accident lawsuits are typically filed in Milwaukee County Circuit Court, which has its own civil procedure requirements.
The City of Milwaukee Crash Analysis Report identifies high-risk corridors and intersections, which is valuable data for proving negligence.
Winters bring lake-effect snow and icy roads, significantly increasing crash risk on major highways like I-94.
8. Next Steps After a Truck Accident
If you’ve been involved in a crash with a truck, taking the right steps immediately afterward can make a big difference in your recovery and legal case. Here is a list of steps to take post-crash:
- Seek Medical Attention – Even minor injuries and symptoms should be evaluated. Documentation is critical for your claim.
- Preserve Evidence – Take photos, get witness contact information, and request truck-related documents.
- Report the Crash – Notify law enforcement and your employer immediately.
- Contact an Attorney – Schedule a free case evaluation with Murphy & Prachthauser to protect your rights and explore your legal options.
9. How Murphy & Prachthauser Can Help
At Murphy & Prachthauser, we know that truck accident cases are uniquely complex. They demand legal precision, immediate investigation, and a deep understanding of federal and state regulations. With a proven track record of multi-million-dollar recoveries across decades of experience, we’ve helped Milwaukee families navigate some of the most difficult moments of their lives.
We are here to support you during the entire process. We’re there for you during investigation, negotiation, and trial readiness—and we operate on a contingency fee basis. You pay nothing unless we win together.
Callout: Client Success Story:
A mother and her son sustained injuries when their vehicle collided head-on with a semi-track trailer that had rolled over at night across the freeway. Murphy & Prachthauser secured a $655,000 settlement on their behalf.
These cases are not like handling a routine car crash. In one heartbreaking case, we were contacted by the mother of a young man who was killed by a commercial truck. Unfortunately, another firm had mishandled the case from the start, and by the time she came to us, it was beyond repair. It was a tragic reminder: choosing the right attorney early can make or break your case.
Don’t settle for less, contact us today—your recovery deserves experienced counsel.
Download our Truck Accident Checklist for step-by-step guidance to protect your rights after a crash.