Truck accident
Truck Accident Attorneys in Milwaukee, Wisconsin
The firms in this guide
- Cannon & Dunphy S.C. Call Cannon & Dunphy S.C.: (262) 782-2700
- Habush Habush & Rottier S.C. Call Habush Habush & Rottier S.C.: (800) 242-2874
- Warshafsky Law Firm Call Warshafsky Law Firm: (414) 276-4970
- LawtonCates S.C. Call LawtonCates S.C.: (608) 282-6200
- Gimbel, Reilly, Guerin & Brown, LLP (GRGB Law) Call Gimbel, Reilly, Guerin & Brown, LLP (GRGB Law): (414) 271-1440
1. Cannon & Dunphy S.C.
Practice Focus: Truck accidents, semi-truck collisions, commercial vehicle accidents, tractor-trailer accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions, product liability involving commercial vehicles
Case Types Handled: Rollover accidents, tip-over accidents, rear-end accidents, jackknife accidents, multi-vehicle collisions, brake failure accidents, driver fatigue accidents, overloaded truck accidents, improperly secured cargo accidents
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, property damage claims, lost wage recovery, pain and suffering claims
Background: Firm founded in 1985 with over $1 billion recovered for clients. Patrick O. Dunphy is co-founder with 40+ years of trial experience. Dunphy admitted to Wisconsin State Bar in 1976, U.S. District Court for Eastern and Western Districts of Wisconsin. Law clerk to Chief Judge John Reynolds, U.S. District Court. Certified Civil Trial Specialist by National Board of Trial Advocacy. Member of Inner Circle of Advocates, International Society of Barristers, American Board of Trial Advocates. Named Wisconsin Super Lawyer 2005-2024, Top 10 Super Lawyer 2008-2024. Lawdragon 500 Leading Plaintiff Consumer Lawyers 2023. J.D. from Marquette University Law School (1976), B.A. from Boston College (magna cum laude, 1973).
Location: 595 N. Barker Road, Brookfield, WI 53045 (Milwaukee office: 1509 N Prospect Ave, Suite 300, Milwaukee, WI 53202)
Contact: (262) 782-2700 | [email protected] | https://www.cannon-dunphy.com
Consultation: Free consultation available, contingency fee basis (no fee unless recovery made)
2. Habush Habush & Rottier S.C.
Practice Focus: Truck accidents, semi-truck collisions, commercial vehicle accidents, 18-wheeler accidents, tractor-trailer accidents, wrongful death, catastrophic injuries, product defects involving trucks
Case Types Handled: Trucking company negligence, driver error accidents, truck malfunction accidents, defective parts claims, blind spot accidents, driver fatigue accidents, rear-end collisions with commercial trucks
Legal Services: FMCSR compliance investigation, trucking company negligence claims, driver negligence claims, electronic logging device (ELD) data analysis, black box data retrieval, evidence preservation, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, medical expense recovery, lost wage claims
Background: Firm established over 90 years ago with billions recovered for clients. Timothy S. Trecek serves as President and CEO since 2025, managing partner of Milwaukee and West Bend offices, member since 1995. Certified Civil Trial Specialist by National Board of Trial Advocacy. Member of American Board of Trial Advocates. In 2009, obtained $6 million award for client injured in semi-trailer truck accident. In 2020, obtained largest single plaintiff verdict in Wisconsin history. Two-time recipient of Robert L. Habush Trial Lawyer of the Year Award from Wisconsin Association for Justice. Benjamin S. Wagner is shareholder specializing in personal injury, certified Civil Trial Specialist by NBTA. Wagner received 2021 Robert L. Habush Trial Lawyer of the Year Award. The firm has more NBTA certified trial lawyers than any other Wisconsin firm.
Location: 777 E. Wisconsin Avenue, Suite 2300, Milwaukee, WI 53202
Contact: (800) 242-2874 | https://www.habush.com
Consultation: Free consultation, no upfront fees, contingency fee arrangement
3. Warshafsky Law Firm
Practice Focus: Truck accidents, semi-truck accidents, 18-wheeler accidents, commercial vehicle accidents, dump truck accidents, garbage truck accidents, tanker truck accidents, delivery truck accidents, wrongful death from truck accidents
Case Types Handled: Jackknife accidents, rollover accidents, rear-end collisions with trucks, head-on truck collisions, cargo spill accidents, brake failure accidents, tire blowout accidents, driver fatigue accidents, overloaded truck accidents, construction vehicle accidents
Legal Services: Federal Motor Carrier Safety Regulations investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, electronic logging device data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, medical expense recovery, lost wage claims, pain and suffering claims
Background: Firm practicing for 60+ years with board-certified accident investigator on staff and a medical doctor who is also an attorney. Notable settlements include $15.722 million for defective front-end loader, $9.375 million for truck rear-ended by semi, $3 million for auto versus truck accident, $3.9 million settlement in trucking case. Frank T. Crivello II is attorney handling truck accident cases. The firm has 40+ court victories in trucking accident cases. Small team of 5 attorneys with combined 100+ years of trial experience.
Location: 839 N. Jefferson St. #300, Milwaukee, WI 53202
Contact: (414) 276-4970 | https://www.warshafsky.com
Consultation: Free case assessment available 24/7, contingency fee (no win, no fee)
4. LawtonCates S.C.
Practice Focus: Truck accidents, semi-truck accidents, tractor-trailer accidents, commercial motor vehicle accidents, 18-wheeler accidents, wrongful death from truck accidents
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, wide turn accidents, blind spot accidents, rear-end collisions with trucks, head-on truck collisions, runaway truck accidents, cargo spill accidents, brake failure accidents, driver fatigue accidents
Legal Services: Federal Motor Carrier Safety Regulations compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, evidence preservation, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, medical expense recovery, lost wage claims, pain and suffering claims
Background: Firm established in 1958 with nearly 70 years representing injury victims in Wisconsin. Attorneys include Briane F. Pagel, Daniel P. Bach, David M. Stegall, Dixon R. Gahnz, James A. Olson, Michael J. Stingl, P. Scott Hassett, and Terrence M. Polich. Offices in Madison and Jefferson serving Milwaukee and South Central Wisconsin region.
Location: Serving Milwaukee from Madison office: 345 W. Washington Ave., Suite 201, Madison, WI 53703
Contact: (608) 282-6200 | https://www.lawtoncates.com
Consultation: Free initial consultation, contingency fee basis
5. Gimbel, Reilly, Guerin & Brown, LLP (GRGB Law)
Practice Focus: Truck accidents, semi-truck accidents, tractor-trailer accidents, commercial vehicle accidents, wrongful death from trucking accidents
Case Types Handled: Rear-end accidents with trucks, head-on collisions, rollover accidents, accidents caused by inadequate maintenance, driver fatigue accidents, accidents involving snow or ice, trucking company negligence
Legal Services: Trucking company negligence claims, driver negligence claims, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, medical expense recovery, lost wage claims, pain and suffering claims
Background: Full-service law firm with attorneys including Franklyn M. Gimbel, Joshua L. Gimbel, Thomas E. Brown, Raymond M. Dall’Osto, Denis J. Regan, and Richard E. Reilly. The firm handles personal injury cases throughout Milwaukee, SE Wisconsin, Midstate Wisconsin, and statewide. Experienced in litigating truck accident cases across Wisconsin.
Location: 1555 N. Rivercenter Drive, Suite 302, Milwaukee, WI 53212
Contact: (414) 271-1440 | https://www.grgblaw.com
Consultation: Free consultation available
Federal Truck Coverage, Driving Limits and Joint Liability in Milwaukee Truck Crash Claims
The federal rules that matter first in a Milwaukee truck crash define a commercial motor vehicle, set the carrier’s coverage and limit the driver’s daily driving. Wisconsin law then decides whether the carrier pays only its own share of the fault or the whole award.
Which Trucks the Federal Rules Reach and Their Coverage
Under 49 CFR 390.5, a commercial motor vehicle includes a vehicle used on a highway in interstate commerce with a gross vehicle weight rating or gross combination weight rating, or actual gross weight, of 10,001 pounds or more, whichever is greater. Under 49 CFR 387.9, a for-hire carrier hauling nonhazardous property in interstate or foreign commerce in a vehicle rated 10,001 pounds or more must carry at least $750,000, and under 387.7 it may not operate until that coverage is in effect.
The Daily Driving Window and Post-Crash Testing
Except as otherwise provided in 49 CFR 395.1, 49 CFR 395.3(a) requires a property-carrying driver to have 10 consecutive hours off duty before driving, limits driving to 11 hours, bars driving after the 14th consecutive hour after coming on duty, and bars driving once more than 8 hours of driving time have passed without a consecutive 30-minute interruption. Under 382.303, a fatal crash requires alcohol and drug testing of the surviving driver, and an injury or tow-away crash requires it when the commercial driver is cited for a moving violation arising from the crash within 8 hours (alcohol) or 32 hours (drugs).
When the Carrier Pays the Whole Award
Under Wis. Stat. 895.045(1), a defendant whose causal negligence is less than 51 percent is liable only for its percentage of the total causal negligence, and a defendant at 51 percent or more is jointly and severally liable for the damages allowed. Under 895.045(2), parties acting under a common scheme or plan are jointly and severally liable for all damages resulting from that action.
A Wrongful Death Action
Under Wis. Stat. 895.03, a wrongful death action lies when the death was caused by a wrongful act, neglect or default that would have entitled the injured person to sue had death not followed, and the action must be brought for a death caused in Wisconsin. Under 893.54(2m), a wrongful death action arising from a motor vehicle accident must be started within 2 years after the cause of action accrues.
Milwaukee Truck Accident Questions
How long do I have to sue the trucking company?
Three years for an injury claim under Wis. Stat. 893.54(1m)(a). A claim against a governmental body also requires written notice within 120 days under 893.80(1d)(a).
Can I recover if I was partly at fault?
Yes, if your negligence is not greater than the carrier’s. Under Wis. Stat. 895.045(1), damages are reduced in proportion to your negligence. For example, imagine $260,000 in damages and 25 percent of the negligence on the injured driver, with 75 percent on the truck driver: the recovery would be $195,000.
What if a city truck caused the crash?
Under Wis. Stat. 345.05(2) and (3), a claim for damage from the negligent operation of a motor vehicle owned and operated by a municipality in the course of its business is filed as 893.80 requires, and recovery may not exceed $250,000.