When a commercial truck accident occurs in Wisconsin, the concept of vicarious liability can significantly expand the scope of responsible parties beyond just the truck driver. This legal doctrine, also known as respondeat superior, holds employers accountable for their employees' negligent actions while performing job duties. In commercial trucking cases, this means trucking companies may be liable for accidents caused by their drivers, maintenance crews, or loading personnel. The principle extends to various scenarios, including driver fatigue violations, improper cargo loading, inadequate vehicle maintenance, and violations of Federal Motor Carrier Safety Administration (FMCSA) regulations. Understanding vicarious liability is crucial for injury victims, as it often provides access to more substantial insurance coverage and compensation sources than pursuing claims against individual drivers alone.

Legal Rights and Considerations

Wisconsin follows modified comparative negligence laws under Wis. Stat. § 895.045, allowing victims to recover damages if they are 50% or less at fault for the accident. Claims involving vicarious liability must be filed within Wisconsin's three-year statute of limitations for personal injury cases. Commercial trucks typically carry mandatory liability insurance with minimum coverage of $750,000 to $5 million, depending on cargo type. Victims may be eligible for various forms of compensation, including medical expenses, lost wages, pain and suffering, and property damage. In cases involving willful violations of safety regulations, punitive damages may be available. Multiple insurance policies might apply, including the trucking company's general liability coverage and the driver's personal insurance. An experienced Wisconsin truck crash lawyer(link is external) will handle all aspects of the legal claim.

Vicarious liability can be a factor in all kinds of injury accident claims. Click the links below to get information from an experienced attorney for accidents and injuries including:

• Wisconsin car accident attorney(link is external);
• Wisconsin pedestrian accident attorney(link is external);
• Wisconsin motorcycle accident lawyer(link is external);
• Wisconsin bicycle accident attorney(link is external);
• Wisconsin brain injury lawyer(link is external);
• Wisconsin spine injury attorney(link is external);
• Wisconsin wrongful death claim lawyer(link is external).

Related Resources

Wisconsin Courts

• Eastern District of Wisconsin Federal Court, Milwaukee
• Wisconsin Circuit Courts (by county)
• Wisconsin Court of Appeals, District IV (Madison)

Support Services

• Wisconsin Department of Transportation Crash Reports
• Brain Injury Alliance of Wisconsin
• Wisconsin Crime Victim Services
• Wisconsin Bar Association Lawyer Referral Service

Regulatory Resources

• Wisconsin Commercial Driver's Manual
• FMCSA Regulations and Safety Resources
• Wisconsin Motor Vehicle Laws (Chapter 346)
• Wisconsin Department of Motor Vehicles Trucking Guidelines

Return to the Wisconsin trucking laws information page