In Wisconsin's complex legal landscape, modified comparative negligence plays a crucial role in determining compensation after a truck accident. This legal doctrine, following Wisconsin's 51% rule, allows injured parties to recover damages as long as they are not more than 50% responsible for the accident. When a commercial truck collision occurs, multiple factors often contribute to the incident - from driver fatigue and equipment maintenance to road conditions and traffic violations. Understanding how modified comparative negligence works is essential because it affects everything from insurance negotiations to court proceedings. For instance, if a passenger vehicle driver is found to be 30% at fault for an accident with a semi-truck due to speeding, they can still recover 70% of their damages. However, if their fault reaches 51% or higher, they lose the right to compensation entirely. This system particularly impacts truck accident cases due to their complexity, often involving multiple parties including trucking companies, equipment manufacturers, and insurance providers.

Legal Rights and Considerations

Wisconsin Statute § 895.045 governs comparative negligence claims, setting a three-year statute of limitations for most personal injury cases involving truck accidents. Insurance considerations typically involve both the trucking company's commercial liability policy and the victim's personal auto insurance, including potential underinsured motorist coverage. Compensation may cover medical expenses, lost wages, property damage, and non-economic damages like pain and suffering. The state's minimum commercial truck insurance requirements mandate at least $750,000 in liability coverage for interstate carriers. Victims should be aware that early documentation of the accident scene, witness statements, and medical records can significantly impact their claim's success under the modified comparative negligence framework. An experienced Wisconsin truck accident lawyer(link is external) will handle all aspects of the legal claim.

Common types of truck accidents include:

• Wisconsin 18-wheeler truck accidents(link is external)
• Wisconsin speeding trucker accidents(link is external)
• Wisconsin fatigued trucker accidents(link is external)
• Wisconsin drunk truck driver crashes(link is external)
• Wisconsin dump truck accidents(link is external)

Related Resources

Wisconsin Courts:

• Milwaukee County Circuit Court
• Dane County Circuit Court
• Wisconsin Court of Appeals, District IV

Support Services:

• Wisconsin Department of Transportation Crash Reports
• Brain Injury Alliance of Wisconsin
• Wisconsin State Bar Association Lawyer Referral Service

Regulatory Resources:

• Wisconsin Commercial Driver's Manual
• Wisconsin Motor Carrier Safety Regulations (Trans 325-329)
• Federal Motor Carrier Safety Administration Wisconsin Division

Return to the Wisconsin trucking regulations information page