Commercial truck accidents can cause a significant amount of damage and often result in severe injuries or death for the victims involved. If you or someone you love has suffered serious injuries in a truck accident, you may be entitled to compensation.
As reputable truck accident attorneys in Milwaukee with more than 150 years of combined legal experience, PKSD is committed to helping you recover the compensation you deserve.
Attorney M. Angela Dentice, a partner of our firm, is a founding member of the Association of Plaintiff Interstate Trucking Lawyers of America and is also the first woman President of the Wisconsin Association of Justice. Do not hesitate to schedule a free, no obligation consultation with a member of our legal team. All of our services are provided on a contingency fee basis, which means we only require payment if we recover compensation for your claim.
If you have been injured or lost someone you love in a truck accident, you may have legal options to hold the at-fault party liable for your damages. However, determining liability for commercial truck accidents can be difficult. A qualified truck accident attorney in Milwaukee can help you establish fault and collect evidence to build a credible case against the liable parties.
After a crash, a trucking company or its insurer will immediately start an investigation into the accident. These companies will attempt to find evidence that can help them deny or reduce the value of the victim’s claim. At PKSD, our Milwaukee personal injury attorneys are familiar with the tactics insurers and trucking companies use to avoid liability. We will apply our knowledge and experience to help you fight for the compensation you deserve by:
Reviewing video footage from any available traffic cameras
Checking the driver’s travel log to determine the number of hours he or she drove before your collision
Examining the police and accident reports taken from your traffic collision
Interviewing witnesses who saw your collision
Obtaining and analyzing the data recovered from the truck’s Electronic Control Module, or “black box”
Helping ensure the preservation of any evidence obtained by the truck company or its investigator
Using your medical records and medical history to prove your injuries were directly caused by the accident
Consulting experts to reconstruct the accident scene and recreate what occurred during the collision
Our truck accident attorneys in Milwaukee will provide you with a free legal consultation to review your claim and the circumstances behind the accident. We will then conduct an investigation to discover which party is liable and work to construct a valid case that supports this allegation.
The scene following a collision with a commercial truck is disorienting – smashed glass, dented metal, smoke, fire, sirens, flashing lights, and other disturbances can be difficult to ignore.
Our Milwaukee truck accident attorneys understand the immediate trauma that truck accident victims endure. However, it is important to obtain as much information as possible from the accident scene. This will help to ensure that the events are retold accurately when you file your claim. People will often remember events differently, and documenting the accident scene can help to support your version of events if your claim is disputed.
Your first priority after any major traffic collision is to make sure you and anyone else involved in the accident is safe. Once you have done this, you should follow these steps:
Stay calm
Check for injuries
Call 9-1-1
Safely exit your vehicle and remove yourself from the accident scene
Use your cellphone to take pictures and videos of the scene
Text yourself the names, email addresses and phone numbers of any witnesses
Do not sign anything
Do not provide any of your insurance policy limits to other drivers
Do not admit fault in the accident
Only provide information about the accident to the responding law enforcement officer who arrives at the scene
Contact a skilled truck accident lawyer in Milwaukee to discuss your options
If you have been involved in an accident that was caused by a negligent truck driver, you should act fast to file a claim. Wisconsin is a “fault state” when it comes to liability for auto accidents. This means you will need to file your personal injury claim with the insurance company representing the truck driver or his or her employer. However, if you are unsure if you have a claim, we provide free consultations to personal injury victims to review the details of your accident to determine if you are entitled to file a lawsuit.
Who Is Liable for My Truck Accident?
There are several parties involved in a commercial trucking operation. Each one is responsible for a different role in ensuring the truck functions properly and its cargo is safely loaded. However, each party associated with a trucking operation may try to deny fault or downplay its involvement to distance itself from the accident and avoid liability.
Our qualified Milwaukee truck accident lawyers will investigate your truck accident to identify which parties were involved and determine their level of fault for causing the accident. These parties can include the:
Truck’s driver
Manufacturer of the vehicle or its parts (engine, tires, etc.)
Owner of the truck or tractor-trailer
Company that leased the truck from the owner
Trucking company that employed the driver
Shipper or loader of the truck’s cargo
The Milwaukee truck accident attorneys at PKSD have a strong understanding of the commercial trucking industry and the roles that individual companies and personnel are responsible for.
We will conduct an in-depth review of the events leading up to the accident and the behavior of the driver or the condition of the truck before the crash. This will include the:
Truck’s maintenance schedule
Driver’s performance reviews
Type of cargo the truck was carrying and its stability during the accident
Reckless or erratic driving patterns of the truck’s driver
Trucking company’s policies
It is important that you try to remember any details about the collision that our Milwaukee truck accident attorneys can use to hold the at-fault party liable for your damages. We can discuss the events and details of your truck accident during a free, no obligation consultation with one of our dedicated truck accident lawyers in Milwaukee.
Common Causes of Truck Accidents
Because of the long hours and distances that commercial trucks endure during a long-haul trip, these vehicles and their drivers are highly susceptible accidents. Our Milwaukee truck accident attorneys have handled a variety of truck accident claims, including accidents caused by:
Driver Error
Truck drivers are 10 times more likely to cause an accident than road hazards, truck maintenance issues, and dangerous weather, according to the Federal Motor Carriers Safety Administration (FMCSA). An error made by a truck driver can stem from negligent or reckless behavior, such as:
Aggressive driving
Making a wide turn on busy streets or intersections
Failing to check the truck’s blind spots before turning
Inadequate training
Texting while driving
Tailgating
Speeding
Distracted driving
Driver Impairment
The behavior of commercial truck drivers is heavily regulated by the FMCSA. This includes strict rules prohibiting the use of alcohol or controlled substances when a driver is operating a commercial vehicle. Additionally, the FMCSA’s regulations require trucking companies to conduct a thorough background check on drivers for alcohol or drug violations before making a hiring decision. Truck drivers are also subjected to frequent drug and alcohol tests by their employers while they are on duty and after an accident involving serious property damage, physical injury or loss of life.
Truck drivers cannot refuse a controlled substance test. If the driver involved in your accident tests positive for a controlled substance or has a blood alcohol concentration of .04 or higher, we may be able to hold him or her liable for your damages.
I started my career defending insurance companies, but quickly realized my heart was in helping real people – not corporations. Now, I’m proud to fight for the little guy every day.
Driver fatigue and drowsiness can result in serious accidents if a driver fails to maintain lane position or leaves the roadway. Although the FMCSA has strict regulations to combat truck driver fatigue, it is still a probable factor in 20-40% of truck crashes in the U.S., according to the U.S. Transportation Safety Board.
Often, driver fatigue is caused by trucking companies imposing unrealistic deadlines on their drivers. However, this is illegal and all trucking companies and drivers must follow the FMCSA’s hours of service rule, which includes:
Truck drivers can only drive a maximum of 11 hours after spending 10 consecutive hours off duty.
Drivers cannot operate a vehicle after remaining on duty for more than 60 hours in a consecutive seven-day period. Likewise, drivers are prohibited from operating a vehicle for more than 70 hours in a consecutive eight-day period.
Truck drivers are required to record each hour they spend operating a vehicle. Our attorneys will obtain a copy of this log to use as evidence if we find that a driver violated the FMCSA’s operations rule.
Mechanical Failures or Defects
Aside from driver error, many truck accidents are caused by defective vehicle parts or mechanical failures cause by inadequate maintenance. Examples of equipment or vehicle failure include:
Brake failure
Defective steering
Transmission failure
Improper trailer attachment
Defective lighting on the side or rear of the vehicle
Tire blowouts due to wearing or defects
Improperly secured cargo
If your truck accident was caused by a mechanical failure, our attorneys will review the trucking company’s maintenance records to determine if it performed routine inspections required by the FMCSA. If we discover the trucking company failed to properly maintain and repair its vehicles, it may be liable for your damages. If we determine that your accident was caused by a defective part, we will identify the part’s manufacturer who could be liable for your damages through a product liability claim.
Improperly Loaded Cargo
Overloaded cargo, or cargo that is not loaded according to regulations, increases the risk of a serious commercial truck accident. Overloaded or improperly loaded cargo could add so much weight to an already over-sized truck that it causes top-heaviness. This increases the risk of jackknifing or overturning around curves, and could cause cargo to fall off the vehicle, dropping in the middle of the roadway or even falling directly onto another vehicle.
If your vehicle was struck by contents that fell from a commercial truck, our Milwaukee truck accident attorneys will determine which party was responsible for ensuring the cargo was safely loaded and secured onto the vehicle.
Because of the devastation that occurs when a passenger vehicle collides with a truck, the victims involved may be able to pursue several forms of compensation from the at-fault party. Once our Milwaukee truck accident attorneys determine which party is at fault for the accident, we will fight for the compensation you deserve, which could include:
Medical Expenses
Our attorneys will pursue compensation for any medical expenses you incurred because of your injuries from the accident. This can include:
Hospital visits
Medical transportation
Medical and imaging tests
Surgery
Rehabilitation procedures
Assistive equipment, such as a wheelchair
Lost Wages
If a truck accident injury caused you to miss work and resulted in losing wages or income, our attorneys will help you recover all of the wages you would have earned if the accident had not occurred.
Lost Earning Capacity
If your injury is so severe that you are no longer able to earn an income, our Milwaukee truck accident attorneys will help you pursue damages for loss of earning capacity. This could entitle you to compensation for the future wages your injury prevents you from earning.
Pain and Suffering
Damages for pain and suffering include compensation for the physical pain and emotional distress you have endured since the accident. Our attorneys will use your medical records and testimony from your treating physicians to describe the extent of your injuries and any pain you may have experienced. We can also include any physiological or emotional anguish, such as depression, anxiety or trauma you may have suffered after the accident.
Our truck accident attorneys in Milwaukee will examine the extent of your pain and the length of time you are expected to suffer when calculating an accurate estimation of the compensation you may be owed.
Loss of Consortium
Through a personal injury lawsuit or wrongful death claim, the victim’s spouse may be awarded damages for loss of consortium. This is intended to compensate the victim’s loved ones for losing the love, support, relationship and companionship the victim provided. However, proving loss of consortium can be difficult. These damages are typically sought when the victim has either suffered an extremely severe injury or has died from a truck accident.
How Long Do I Have to File a Claim?
In the state of Wisconsin, there is a three-year statute of limitations for truck accident claims, according to Wisconsin Statutes § 893.54. This means that if you have been injured in a truck accident that was not your fault, you have three years from the date of the accident to file a claim.
You should contact an experienced truck accident lawyer in Milwaukee as soon as possible after an accident. This is because there are many steps involved in filing a personal injury lawsuit that will take time to complete before you can file a lawsuit.
Most accident victims will first have to file a claim with the at-fault party’s insurance company, which may also have specific deadlines that must be met. Throughout the insurance claims process, both sides will investigate the collision and negotiate a settlement. If a settlement cannot be reached, our attorneys will file a lawsuit seeking the compensation you deserve. The sooner you contact our attorneys, to begin this process, the more time we will have to complete each step within the statute of limitations.
Frequently Asked Questions About Truck Accident Lawyers in Milwaukee
What makes truck accident cases different from regular car accident claims?
Truck accident claims are more complex than standard car accident cases. While a typical collision involves two drivers, a commercial trucking crash may implicate a driver, a carrier, a maintenance provider, and a cargo company, each having separate responsibilities under federal safety rules.
Investigations in these cases rely on specialized evidence that rarely surfaces in passenger vehicle claims. Electronic control modules, driver logs, and maintenance records can reveal critical details about how a crash unfolded, and FMCSA regulations add another layer of legal complexity. Also, commercial vehicles cause more severe injuries due to their size and force of impact, often generating higher medical costs and long-term care needs.
Who can be held liable in a Milwaukee truck accident case?
Liability in a truck accident usually extends beyond the driver; a truck driver may be responsible for unsafe actions such as speeding or distracted driving, while a trucking company may be accountable for hiring decisions, training failures, or unrealistic delivery schedules.
Other parties may also contribute to a crash. A maintenance provider may overlook critical safety issues, a manufacturer may produce a defective part, and a cargo company may load freight improperly, creating shifting hazards on the road.
A Milwaukee truck accident lawyer can review every detail, from maintenance records to company policies, to identify each responsible party.
How long do trucking companies keep black box data and driver records?
Federal regulations require trucking companies to retain some records for a limited time. Under 49 CFR § 395.8, carriers must keep driver records of duty status and supporting documents for at least six months, while inspection and maintenance records may be kept for as little as one year. These windows are short, and once the retention period ends, companies have no legal obligation to preserve that information.
Black box data has an even shorter window. Unlike paper records, some onboard systems overwrite trip data within 30 days after a crash or once the truck returns to service. This data can capture vehicle speed, braking patterns, and engine activity in the moments before impact, making it among the most valuable evidence in a trucking case.
What if the trucking company’s insurance adjuster contacts me?
You should approach any communication with an insurance adjuster cautiously and avoid providing detailed statements without legal guidance. Adjusters usually contact injured individuals soon after a crash, and while early conversations may seem routine, their questions may aim to limit your claim or change the blame to you.
You have no obligation to provide a recorded statement right away, discuss fault, or negotiate settlement amounts during initial contact. Politely acknowledging the call and speaking with a Milwaukee truck accident lawyer early can help protect your interests from the beginning.
How long does a truck accident settlement take?
Settlement timelines in truck accident cases depend on several moving parts: how severe the injuries are, what the evidence shows, and how quickly the insurance company engages. When liability is straightforward, and the injured person recovers without major complications, some claims close within months. Cases involving serious injuries, disputed fault, or multiple defendants often take considerably longer.
Most claims move through investigation, medical treatment, documentation, and negotiation before any resolution is possible, and each stage requires adequate time to complete accurately. Settling before the cost of medical care and lost income is understood can result in compensation that does not reflect what the situation actually demands.
Can I still recover compensation if I was partly at fault for the truck crash?
Wisconsin law allows recovery even when you share fault, as long as your percentage of fault remains below 51 percent. Under Wisconsin Statute § 895.045, compensation decreases based on your level of responsibility.
For example, a driver found 20 percent at fault may still recover 80 percent of the total damages. This rule can apply in complex truck accident cases where multiple factors contribute to a crash.
Determining fault requires a detailed review of evidence, including driver behavior, road conditions, and company practices. At PKSD, a Milwaukee truck accident lawyer can analyze each factor and work to present a clear allocation of responsibility.
Milwaukee Motorcycle Accident Lawyers Who Get Results. Call Now for Help
If you or a loved one has been seriously injured in Milwaukee, Wisconsin, our truck accident attorneys can help. Attorney Jeff Pitman – a co-founding partner of the firm – has been practicing law for more than 20 years and is a member of the National Board of Trial Advocacy. We have recovered millions in verdicts and settlements, and will help you fight for the compensation you deserve. We will conduct a full investigation into your truck accident and work with the insurance representatives involved to try to obtain fair compensation for your claim.
If you are in need of a Wisconsin truck accident attorney, contact us to tell us about your case – the consultation is free. PKSD’s renowned truck accident attorneys help victims in all of Wisconsin, and our firm is conveniently located near you. We have an office in 1110 N Doctor M.L.K. Jr Dr #320, Milwaukee, WI 53203. Call (414) 333-3333 to schedule your free case evaluation today.
Jeffrey A. Pitman
Mr. Pitman is a member of the Nursing Home Litigation Group of the American Association for Justice. Mr. Pitman was President of the Wisconsin Association for Justice in 2013 and is a current member of the National Academy of Elder Law Attorneys (NAELA). He lectures extensively on nursing home abuse and neglect and has authored numerous articles in the area of personal injury litigation.
PKSD was great to work with after I had been in a car accident. They were incredibly thorough, patient, and understanding through the whole process! Sam Killian handled my case and kept me up to date every step of the way. He worked to negotiate my final settlement and was transparent about timelines and total amounts. Great, clear communication! Definitely would recommend! They make it a breeze.
C.B.
Excellent service! They handled my case with care and importance. They kept me updated every step of the way. They fought for me to get a higher payout and succeeded! I am grateful for their help!
C.D.
I have use PKSD 3 times. They took very good care of me. They walked me through the process and answered all my questions. I recomend them to everybody I know.
S.B
Outstanding Legal Representation – Highly Recommend! I had an incredible experience working with PKSD. They fought hard for me and made sure I got the money I truly deserved. From start to finish, they were professional, responsive, and genuinely cared about my case. Their expertise and dedication made the process smooth and stress-free. I couldn’t be happier with the outcome and would highly recommend them to anyone in need of legal help. Thank you for everything!
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin.
About Us
PKSD is a Milwaukee personal injury law firm dedicated to helping injured individuals. We take a hands-on, client-focused approach and work closely with the people we represent from start to finish. We are committed to providing responsive service and strong legal advocacy when it matters most.
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PKSD proudly serves clients throughout the state of Wisconsin. We represent individuals and families in Milwaukee, Madison, Green Bay, Appleton, Eau Claire, Wausau, and surrounding areas. No matter where you are located, our team is ready to help.
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