Wisconsin Statute of Repose: Impact on Commercial Truck Accident Injury Claims

 

A statute of repose in Wisconsin plays a crucial role in commercial truck accident litigation by establishing an absolute deadline for filing product liability claims related to the vehicle or its components. Unlike the standard statute of limitations, which typically begins when an injury is discovered, the statute of repose starts from the date of the product's first purchase for use. For commercial trucks, this means potential claims against manufacturers for defective parts or design flaws must be filed within 15 years of the vehicle's initial sale, regardless of when an accident or injury occurs. This deadline can significantly impact a victim's legal strategy, particularly in cases where vehicle defects may have contributed to the accident. Understanding this distinction becomes especially important when pursuing claims involving older commercial trucks or when investigating whether equipment failure played a role in causing the collision.

Legal Rights and Considerations

Wisconsin state law outlines specific legal frameworks that govern commercial truck accident claims. Under Wis. Stat. § 895.047, the statute of repose bars any strict product liability claims after 15 years from the date of manufacture or first purchase. Commercial truck accident victims must also comply with Wisconsin's three-year statute of limitations for personal injury claims. Insurance considerations typically involve both the commercial carrier's liability coverage (minimum $750,000 federal requirement) and potential claims against the manufacturer's liability insurance. Available compensation may include economic damages (medical expenses, lost wages), non-economic damages (pain and suffering), and in some cases, punitive damages. However, Wisconsin's modified comparative negligence rule reduces recovery if the plaintiff is partially at fault and bars recovery if 51% or more at fault. An experienced Wisconsin truck crash lawyer(link is external) will handle all aspects of the legal claim.

 

If you've been injured in a truck accident, it is likely that you were riding in another vehicle, and the at-fault truck driver could have engaged in any number of dangerous behaviors that resulted in serious injuries. Click the links below to get help from an attorney who specializes in your type of accident or injury:

 

Related Resources

Wisconsin Circuit Courts:

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

Support Services:

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

Regulatory Information:

  • Wisconsin Commercial Driver's Manual
  • Federal Motor Carrier Safety Administration Regulations
  • Wisconsin Department of Transportation Commercial Vehicle Enforcement
  • Wisconsin State Legislature Transportation Code Chapter 194

Return to the Wisconsin trucking regulations information page

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