Helping injured clients understand their rights after a truck accident in Wisconsin.
If you have been injured in a truck accident in Wisconsin, the legal process that follows is often far more complicated than a standard auto collision claim. Commercial trucking cases involve federal safety regulations, multiple potentially liable parties, and insurance carriers with substantial resources. The decisions you make in the weeks after the accident can shape the entire outcome.
Johnston | Martineau PLLP represents individuals and families throughout Wisconsin who have been harmed in collisions with commercial trucks. Our Wisconsin truck accident lawyer has devoted years to these cases and understands both the federal regulations and Wisconsin laws that apply. We offer free consultations and accept every case on a contingency basis, meaning you pay nothing unless we recover for you.
Truck Accident Lawyer Wisconsin
A truck accident lawyer investigates the crash, identifies the responsible parties, and pursues compensation through negotiation or litigation. In Wisconsin, these cases are governed by a combination of state negligence law and federal trucking regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). Those regulations set requirements for driver qualifications, vehicle maintenance, hours of service, and cargo securement.
A Wisconsin truck accident attorney also knows that critical evidence has a short shelf life. Electronic logging device data, onboard event recorder information, and dispatch records can be overwritten within weeks. Sending a preservation demand to the trucking company immediately after the crash is one of the most important steps an attorney takes.
Types of Truck Accident Cases We Handle in Wisconsin
Wisconsin's position as a corridor for interstate commerce means its highways carry substantial truck traffic. Interstates 90, 94, and 43 see heavy commercial vehicle volumes year-round. Johnston | Martineau PLLP handles truck accident cases across the state, including:
- Semi-truck accidents. Semi-truck collisions on Wisconsin interstates produce some of the most serious injuries our firm encounters. We examine driver conduct, carrier compliance records, and the vehicle's mechanical condition to establish negligence.
- Fuel truck accidents. Collisions involving fuel tankers carry added dangers of fire, explosion, and hazardous chemical release. These cases require investigation into the carrier's compliance with federal hazmat transport regulations.
- Tanker truck accidents. Tanker trucks hauling liquids are prone to rollover because of shifting cargo weight. When a rollover occurs due to speeding, improper loading, or inadequate driver training, the carrier and driver may both bear liability.
- Logging truck accidents. Wisconsin's timber industry puts logging trucks on rural highways across the northern and central regions. Overloaded trailers, unsecured cargo, and poorly maintained equipment contribute to these crashes.
- Concrete truck accidents. Concrete mixer trucks are heavy, slow to stop, and difficult to maneuver. Collisions with these vehicles often occur near construction sites or on congested roads and can produce severe injuries.
- Steel truck accidents. Improperly secured steel loads can shift during transport, causing the truck to lose control or the cargo to strike other vehicles. These cases may involve claims against both the carrier and the loader.
- Fatal truck accidents. When a truck accident results in death, Wisconsin law permits surviving family members to pursue a wrongful death claim. These actions must be filed within three years and may include compensation for burial expenses, lost financial support, and loss of companionship.
- Reckless driving and fatigue-related crashes. Speeding, aggressive lane changes, and drowsy driving by commercial truck operators cause preventable collisions throughout Wisconsin. Violations of federal hours of service rules are frequently a factor in fatigue-related crashes.
Why Choose Johnston | Martineau PLLP for Truck Accident Cases in Wisconsin?
Attorneys Licensed and Active in Wisconsin
Christopher P. Martineau is licensed to practice in Wisconsin and handles truck accident claims, wrongful death litigation, and major motor vehicle collision cases throughout the state. Mr. Martineau earned his law degree from Hamline University School of Law and his undergraduate degree from the University of Wisconsin-Oshkosh. He is admitted in Wisconsin, Minnesota, and the U.S. District Court for the District of Minnesota. Mr. Martineau is a member of the Academy of Truck Accident Attorneys (ATAA), the Minnesota Association for Justice, and the Minnesota State Bar Association.
Christopher A. Johnston represents truck accident victims across multiple jurisdictions. Mr. Johnston has concentrated his career on claims involving semi-trucks, tanker trucks, and commercial vehicles. He earned his law degree from William Mitchell College of Law and his undergraduate degree from the University of Minnesota. Mr. Johnston is licensed in Minnesota and Iowa and is admitted to the Eighth Circuit Court of Appeals and the U.S. District Court for the District of Minnesota. He has been named a Super Lawyer five times and was recognized as a Rising Star in 2011. Mr. Johnston is a member of the Million Dollar Advocates Forum after achieving a million-dollar settlement, a distinction held by fewer than one percent of attorneys nationwide. He also belongs to the American Association for Justice and the Minnesota Association for Justice.
Proven Results for Truck Accident Clients
Johnston | Martineau PLLP has obtained millions of dollars in recoveries for truck accident and personal injury clients. Every case is handled on a contingency basis, meaning you owe nothing unless we recover on your behalf. Our experienced Wisconsin truck accident lawyers bring the same preparation to every case whether it resolves through settlement or trial.
What Is Important to Understand About a Truck Accident Case?
Damages, Liability, and Compensation for Truck Accident Cases
A person injured in a truck accident in Wisconsin may be eligible to recover damages across several categories. The compensation available depends on the severity of injuries, the conduct of the parties, and the financial consequences of the crash.
Economic damages are documented financial losses: medical bills, surgical costs, ongoing therapy, prescription medications, lost wages, and any long-term reduction in earning ability.
Non-economic damages account for the personal impact of injuries. Physical pain, emotional suffering, loss of enjoyment of life, and harm to family relationships all fall within this category. Wisconsin law recognizes these losses as compensable.
If a truck accident causes death, Wisconsin permits the decedent's family to file a wrongful death claim. Recoverable losses include funeral expenses, lost future income, and loss of society and companionship. The deadline is three years.
- Hospital, surgical, and rehabilitation costs
- Lost income and reduced future earning capacity
- Physical pain and lasting discomfort
- Emotional and psychological harm
- Loss of society and companionship for family members
- Burial and funeral expenses in wrongful death cases
What Are Important Aspects of a Truck Accident Case?
Truck accident litigation involves procedural and evidentiary considerations not present in ordinary collision claims. Understanding these aspects early helps shape the strategy for pursuing compensation.
- Federal regulations administered by the FMCSA set standards for driver fitness, maximum driving hours, mandatory rest, vehicle inspection, and cargo securement that apply to all interstate carriers
- Liability may extend to the driver, the trucking company, vehicle maintenance contractors, cargo shippers, and in some cases the manufacturer of a defective component
- Carriers must retain electronic logging device (ELD) records, dispatch logs, driver qualification files, and post-trip inspection reports
- Evidence preservation is urgent because trucking companies routinely overwrite electronic data and may repair or dispose of the vehicle shortly after a collision
What Is the Truck Accident Case Timeline?
The length of a truck accident case varies depending on liability complexity, injury severity, and the insurer's response to the claim. Most cases follow this general sequence.
- Medical care and recovery. Thorough medical treatment is essential both for the injured person's health and for documenting the damages. Medical records serve as the foundation of the claim.
- Investigation. The attorney issues preservation notices to the trucking company and begins collecting police reports, black box data, witness statements, and any available video or photographs.
- Demand preparation. After maximum medical improvement is reached or the scope of damages becomes clear, the attorney assembles a demand package and submits it to the responsible insurer.
- Negotiation and mediation. The insurer reviews the demand and responds. Negotiations may proceed through multiple rounds, and mediation can be used when direct negotiation stalls.
- Litigation. If the case cannot be resolved through negotiation, a lawsuit is filed. Discovery, depositions, and trial preparation follow, and the process can extend a year or longer.
What Should You Bring to Your Truck Accident Consultation?
Having relevant records available when you meet with a truck accident attorney allows for a more productive evaluation. If certain documents are not yet in your possession, you can still schedule a consultation.
- The police accident report, or alternatively the case number assigned by the investigating agency that responded to and investigated the collision.
- Any photographs or video footage captured at the scene of the accident, including images that document the condition of the vehicles involved and the nature and extent of your injuries.
- Hospital records, specialist consultation notes, diagnostic imaging results, and all medical bills associated with the treatment you received as a result of the crash.
- Pay stubs, tax returns, or written statements from your employer that document any wages or income lost during your recovery period.
- All correspondence received from insurance companies or from any representatives acting on behalf of the trucking company or its insurer.
We will review the details of your case, explain how Wisconsin and federal law apply, and provide an honest evaluation. The consultation is free, and there is no obligation.
What Are Important Wisconsin Legal Resources for Truck Accident Cases?
Wisconsin statutes and federal trucking regulations both govern truck accident claims in the state. The following resources provide access to the primary laws that apply.
- Wis. Stat. § 893.54 sets the statute of limitations for personal injury claims in Wisconsin at three years from the date of injury.
- Wisconsin follows a modified comparative negligence rule under Wis. Stat. § 895.045. An injured person whose fault reaches 51 percent or more is barred from recovering damages. Below that threshold, damages are reduced in proportion to the claimant's share of fault.
- The FMCSA regulates interstate commercial carriers and enforces federal safety standards, including hours of service limits, vehicle maintenance requirements, and driver qualification rules.
- NHTSA large truck data provides national statistics on fatalities and injuries in crashes involving large commercial trucks.
- The Wisconsin Department of Transportation publishes state-level crash data and highway safety resources.
Reach Out to Johnston | Martineau PLLP to Schedule a Consultation
If a truck accident in Wisconsin has left you or a family member with serious injuries, our experienced Wisconsin truck accident lawyer can help you understand your options. Johnston | Martineau PLLP offers free consultations and represents clients on a contingency basis. Contact us to schedule your free case evaluation.