1. Hupy and Abraham, S.C.
Practice Focus: Truck accidents, semi-truck crashes, 18-wheeler accidents, commercial vehicle accidents, tractor-trailer collisions, catastrophic injuries, wrongful death, car accidents, motorcycle accidents
Case Types Handled: Jackknife accidents, rollover accidents, rear-end truck collisions, driver fatigue accidents, distracted driving accidents, mechanical failure accidents, overloaded truck accidents, brake failure accidents
Legal Services: Federal Motor Carrier Safety Regulations investigation, trucking company negligence claims, driver log analysis, vehicle maintenance record investigation, black box data retrieval, accident reconstruction, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Over 50 years of combined experience. Successfully resolved more than 70,000 cases and recovered more than $2 billion for clients. AV Preeminent peer review rating from Martindale-Hubbell. Recognized as one of Wisconsin’s prominent personal injury law firms. Madison office conveniently located near the Beltline Highway.
Location: Madison, WI (serves all of greater Madison area including Janesville, Fitchburg, Sun Prairie, Stoughton, Verona, Middleton)
Contact: (608) 277-7777 | https://www.hupy.com
Consultation: Free consultation available
2. Nicolet Law Accident & Injury Lawyers
Practice Focus: Truck accidents, semi-truck collisions, commercial vehicle accidents, 18-wheeler crashes, tractor-trailer accidents, catastrophic injuries, wrongful death, personal injury
Case Types Handled: Driver fatigue accidents, distracted driving accidents, speeding accidents, improper lane change accidents, mechanical failure accidents, brake failure accidents, tire blowout accidents
Legal Services: Evidence compilation, accident investigation, trucking record review, driver log analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Firm has successfully represented thousands of injured clients throughout Wisconsin. Russell Nicolet serves as President of the firm. Attorneys maintain strong reputation for client service and communication throughout case process.
Location: 345 W. Washington Ave #309, Madison, WI 53703
Contact: (608) 467-0429 | https://nicoletlaw.com
Consultation: Free consultation, contingency fee basis
3. Atterbury, Kammer & Haag, S.C.
Practice Focus: Truck accidents, car accidents, commercial vehicle crashes, semi-truck accidents, catastrophic injuries, wrongful death, personal injury litigation
Case Types Handled: Tractor-trailer accidents, semi-truck collisions, 18-wheeler crashes, driver negligence accidents, distracted driving accidents, fatigued driver accidents
Legal Services: Case assessment, damage valuation, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: All partners have been recognized for inclusion in Super Lawyers year after year. Attorneys maintain “Superb” 10.0 Avvo ratings. Eric J. Haag received President’s Award in 2018 from Wisconsin Association for Justice. Team approach ensures experienced attorneys handle all aspects of cases. Represent clients throughout Wisconsin including Madison and Middleton area.
Location: Madison, WI
Contact: (608) 821-4600 | 1-800-817-3729 | https://www.yourwisconsininjurylawyers.com
Consultation: Free case evaluation
4. Gingras, Thomsen & Wachs, LLP
Practice Focus: Truck accidents, tractor-trailer accidents, commercial vehicle crashes, semi-truck collisions, catastrophic injuries, wrongful death, car accidents, motorcycle accidents, pedestrian accidents
Case Types Handled: Driver negligence accidents, trucking company negligence, fatigued driver accidents, distracted driving accidents, mechanical failure accidents, improper maintenance accidents
Legal Services: Accident investigation, evidence gathering, accident report analysis, medical record review, witness statement collection, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Over 35 years of experience representing Madison residents. Recognized by American Board of Trial Advocates, Best Lawyers, and Wisconsin Association for Justice. Have recovered millions in damages for clients. Partners include Bob J. Gingras and Paul A. Kinne.
Location: Madison, WI
Contact: https://www.gtwlawyers.com
Consultation: Free case evaluation
5. Rozek Law Offices, S.C.
Practice Focus: Truck accidents, semi-truck accidents, 18-wheeler crashes, commercial vehicle collisions, catastrophic injuries, spinal cord injuries, traumatic brain injuries, wrongful death
Case Types Handled: Tractor-trailer accidents, commercial truck crashes, driver negligence accidents, trucking company negligence, mechanical failure accidents, brake failure accidents
Legal Services: Federal trucking regulations investigation, driver log analysis, vehicle maintenance record review, evidence gathering, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Attorney Randy Rozek has focused practice on serious personal injury cases since 1996. Extensive experience representing truck accident victims throughout Wisconsin. Routinely consulted by attorneys nationwide for co-counsel on complex trucking cases due to specialized experience.
Location: 3970 N. Oakland Ave., Suite 604, Milwaukee, WI 53211 (serves Madison and Dane County area)
Contact: (414) 374-4444 | https://www.rozeklaw.com
Consultation: Free consultation available
Truck Accident Laws and Regulations in Wisconsin
Statute of Limitations for Personal Injury Claims: Wisconsin Statutes Section 893.54(1m) provides a three-year statute of limitations for personal injury claims arising from truck accidents. The deadline runs from the date the injury occurred.
Statute of Limitations for Wrongful Death Claims: For wrongful death claims involving motor vehicle accidents, Wisconsin imposes a two-year statute of limitations running from the date of death. For wrongful death claims not involving motor vehicles, the limit is three years.
Statute of Limitations for Property Damage Claims: Property damage claims are subject to a three-year statute of limitations under Wisconsin Statutes Section 893.52.
Fault System: Wisconsin is an at-fault (tort) state. The party responsible for causing the accident is financially liable for resulting damages.
Comparative Negligence Rules: Wisconsin follows modified comparative negligence under Wisconsin Statutes Section 895.045. If the plaintiff’s percentage of fault is less than 51%, they may recover damages reduced by their percentage of fault. If the plaintiff is 51% or more at fault, they are barred from any recovery. For example, a plaintiff found 30% at fault in a $100,000 case would recover $70,000.
Minimum Auto Insurance Requirements: Wisconsin requires minimum liability coverage of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $10,000 for property damage (25/50/10). Uninsured motorist coverage is also required with minimum limits of $25,000/$50,000.
Commercial Truck Insurance Requirements: Wisconsin law requires trucking companies to carry $750,000 minimum coverage for trucks over 10,000 pounds transporting non-hazardous materials. Trucks hauling hazardous materials require $1 million to $5 million in coverage depending on cargo type.
Damage Caps: Wisconsin caps non-economic damages for emotional distress at $250,000. Claims against municipal governments are capped at $50,000, and claims against state government are capped at $250,000. There is no cap on economic damages or on non-economic damages in most personal injury cases.
Vicarious Liability: Wisconsin recognizes respondeat superior doctrine. Trucking companies may be held vicariously liable for negligent acts of employee drivers acting within the scope of employment.
Federal Motor Carrier Safety Regulations Applicability: FMCSA regulations are applicable in Wisconsin courts. Violations of federal trucking regulations may be used as evidence of negligence.
Hours of Service Violations: Violations of federal hours of service regulations are admissible to establish driver and trucking company negligence.
Electronic Logging Device Requirements: Commercial trucks must maintain ELD records per federal mandate. This data is discoverable in litigation.
Weight Limit Laws: Wisconsin enforces weight restrictions on commercial trucks. Trucks exceeding weight limits may be found negligent if overloading contributed to an accident.
Government Entity Claims: Claims against Wisconsin state government require written notice by certified mail to the attorney general within 120 days of the accident. Municipal government claims also have shortened notice requirements.
Joint and Several Liability: Parties found 51% or more at fault are jointly and severally liable for damages, meaning a plaintiff can collect the full judgment from that party.
Frequently Asked Questions
Q: What is the deadline to file a truck accident lawsuit in Madison, Wisconsin?
A: Under Wisconsin Statutes Section 893.54, you have three years from the date of a truck accident to file a personal injury lawsuit. For wrongful death claims involving motor vehicles, the deadline is shortened to two years from the date of death. Property damage claims also have a three-year deadline. Missing these deadlines results in permanent loss of your right to compensation. Evidence deteriorates over time, including witness memories, surveillance footage, and trucking records, so consulting with a Madison truck accident attorney promptly after an accident is strongly recommended to preserve your claim.
Q: How does Wisconsin’s comparative negligence rule affect truck accident claims?
A: Wisconsin follows modified comparative negligence under Statutes Section 895.045. If your percentage of fault is less than 51%, you can still recover damages, but your recovery is reduced by your fault percentage. For example, if you are found 20% at fault and your damages total $200,000, you would receive $160,000. However, if you are found 51% or more at fault, you are completely barred from recovery. Trucking companies and insurers commonly attempt to shift blame to victims to reduce their liability. An experienced attorney can help counter these allegations with evidence establishing the truck driver’s primary responsibility for the collision.
Q: What insurance coverage is available in Madison truck accident cases?
A: Commercial trucks in Wisconsin must carry significantly higher insurance than passenger vehicles. Trucks over 10,000 pounds transporting non-hazardous materials require minimum coverage of $750,000, while trucks hauling hazardous materials must carry $1 million to $5 million depending on cargo type. This substantially higher coverage provides greater potential compensation for victims. Multiple insurance policies may apply, including those covering the driver, trucking company, cargo shipper, and vehicle owner. Wisconsin also requires uninsured motorist coverage, providing additional protection if the at-fault party lacks adequate insurance.
Q: Who can be held liable for a truck accident in Madison?
A: Multiple parties may bear liability in Wisconsin truck accident cases. The truck driver may be liable for negligent driving including speeding, distraction, fatigue, or impairment. The trucking company may be liable under respondeat superior for employee driver negligence, or directly liable for negligent hiring, inadequate training, improper scheduling, or failure to maintain vehicles. Cargo shippers and loading companies may be liable for improperly secured or overloaded freight. Truck manufacturers may be liable for defective components. Maintenance contractors may be liable for negligent repairs. Government entities may bear responsibility for dangerous road conditions. Under Wisconsin’s joint and several liability rules, parties found 51% or more at fault can be held responsible for the entire judgment.
Q: What types of compensation can I recover in a Wisconsin truck accident case?
A: Wisconsin allows truck accident victims to recover comprehensive damages. Economic damages include medical expenses (past and future), lost wages, diminished earning capacity, rehabilitation costs, and property damage. Non-economic damages cover pain and suffering, emotional distress (capped at $250,000), loss of enjoyment of life, and disability. Punitive damages may be available in cases involving gross negligence or intentional misconduct. Wrongful death claims allow recovery for funeral expenses, lost income support, loss of services, and loss of companionship. Wisconsin does not cap economic damages, allowing full recovery for extensive medical costs and lost income in catastrophic injury cases.