Hours of Service Violations in Wisconsin Truck Accident Injury Claims: Understanding Your Legal Rights

 

Commercial truck accidents caused by hours of service (HOS) violations represent a serious safety concern on Wisconsin highways and often result in devastating injuries to other motorists. These violations occur when truck drivers exceed federal regulations limiting their driving time, including the 11-hour daily driving limit, mandatory 30-minute breaks, and the 60/70-hour weekly limits. Fatigue-related crashes frequently stem from trucking companies pressuring drivers to meet unrealistic delivery schedules or drivers falsifying logbooks to maximize driving time. When pursuing a personal injury claim involving HOS violations, investigators examine electronic logging devices (ELDs), driver records of duty status (RODS), delivery schedules, and other documentation that can establish negligence on the part of both the driver and trucking company. Understanding how these violations contribute to accident causation is crucial for building a strong case and securing appropriate compensation for medical expenses, lost wages, and other damages.

Legal Rights and Considerations

Under Wisconsin law, truck accident victims have three years from the date of the accident to file a personal injury lawsuit (Wis. Stat. § 893.54). The state follows a modified comparative negligence system, meaning victims can recover damages as long as they are 50% or less at fault for the accident. Federal Motor Carrier Safety Administration (FMCSA) regulations regarding hours of service are admissible as evidence of negligence. Insurance claims typically involve both the truck driver's personal policy and the trucking company's commercial liability coverage, which must meet minimum federal requirements. Compensation may include economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). Multiple parties may share liability, including the driver, trucking company, and third-party contractors. An experienced Wisconsin truck crash attorney(link is external) will handle all aspects of the legal claim.

Types of truck accident law firms include:

 

Related Resources

Wisconsin Circuit Courts:

  • Milwaukee County Circuit Court
  • Dane County Circuit Court
  • Waukesha County Circuit Court

Support Services:

  • Wisconsin Department of Transportation - Motor Carrier Safety Program
  • Brain Injury Alliance of Wisconsin
  • Wisconsin State Bar Association Lawyer Referral Service

Regulatory Information:

  • Wisconsin Commercial Driver's Manual
  • FMCSA Hours of Service Regulations
  • Wisconsin Department of Motor Vehicles - Commercial Vehicle Section

Return to the Wisconsin trucking industry regulations information page

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