Truck Accident Law Firm in Appleton, WI
Appleton Truck Accident Lawyer

Truck Accident Consultations | Post-Accident Procedures | Reporting a Truck Accident

Car accident personal injury lawyer for Appleton, Wisconsin

If you're searching for a truck accident attorney in Appleton, call Tusler Law at (920) 749-0400 to schedule a free consultation today. Our skilled truck accident attorneys secure the compensation you deserve. Reach out to the award-winning team at Tusler Law today.

-Ronald W. Tusler, Personal Injury Attorney

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Sara S.

Ron Tusler is very knowledgeable, caring, professional and client focused. He is very upfront and honest. He truly cares about his clients and will do whatever ...

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Tanner C

Attorney Ron Tusler truly cares for his clients needs. He will stop at nothing to provide you the best possible legal representation and win your case.

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Anthony S.

The ONLY choice for a personal injury attorney if you want honest and diligent representation in the fox valley. Ron Tusler helped me out after getting injured ...

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Jake A.

These guys are amazing, highly recommend them after an accident. They walked me through everything step by step.

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Melanie M.

Awesome attorney!! He definitely cares about doing what's right for the client and not just the money! Would definitely recommend him to friends and family!! Th...

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Theresa R.

I was fortunate to find this attorney office in Appleton. Attorney is very professional and helpful as well as his staff! Highly recommended.

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Car Accident/Truck Accidents

Experienced Law Firm for Appleton Truck Accident Victims: Free Consultations

If you're searching for a truck accident attorney in Appleton, call Tusler Law at (920) 749-0400 to schedule a free consultation today. Our experienced personal injury attorneys help Appleton truck accident victims secure the compensation they deserve. Reach out to the award-winning team at Tusler Law today.

FREE CONSULTATION
Fight For Every Penny You Deserve

Necessary Steps to Follow after Being Involved in a Truck Accident in Wisconsin

  • Check for injuries

Assess whether anyone needs emergency medical treatment.

  • Contact 911: An officer will speak to everyone involved in the accident and prepare a police report.
  • Document Information

Exchange relevant information with all drivers involved in the collision, including their names, contact details, driver's license numbers, and insurance information

  • Collect Witness Information

Get names and phone numbers of any witnesses who saw the accident.

  • Obtain Evidence

Obtain any evidence that may be useful when filing an insurance claim or pursuing legal action. Take pictures and videos of your injuries, the vehicles involved in the crash, the weather conditions at the time of the incident, skid marks on the street, traffic signs near the scene, or other helpful pieces.

  • Seek Medical Attention

Sometimes the onset of pain occurs 24 or 48 hours after an accident. Seek the appropriate medical treatment for these injuries and obtain a medical report.

  • Notify Insurance Company

Notify your insurance company of the accident and provide information about the others involved as soon as possible.

  • Consult an Attorney

Contact Tusler Law to fight for your rights and get you the compensation you deserve.

Reporting a Truck Accident

Per the Wisconsin Department of Transportation & Wisconsin Statute s. 346.70(1), any accident in Wisconsin must be reported to law enforcement if it causes:

  • Personal injury

Any harm or physical damage suffered by an individual

  • Property damage exceeding $1,000

Any harm or destruction to a person's vehicle or belongings valued at $1,000 or higher

  • Damage exceeding $200 to non-vehicle government-owned property

Any harm or destruction surpassing $200 to property owned by the state or other government entities, excluding vehicles

Trucking Laws That Govern Wisconsin Accidents

Truck accidents in Wisconsin are governed by a combination of state traffic laws and federal trucking regulations, primarily those established by the Federal Motor Carrier Safety Administration (FMCSA). The laws are designed to ensure commercial vehicles are operated safely, and when violated, they can form the basis for a personal injury claim by establishing negligence.

Wisconsin adopts most FMCSA rules into state law, meaning both intrastate and interstate truck drivers are held to strict legal standards. Some of the most critical regulations include:

  • Hours-of-Service (HOS)

limits on how long a truck driver can operate without rest, aimed at reducing fatigue-related crashes

  • Vehicle Maintenance & Inspections

requirements for regular mechanical checks and documentation of service

  • Driver Qualifications

mandatory commercial driver’s licenses (CDLs), ongoing training, and medical fitness

  • Load Securement & Cargo Weight Limits

laws ensuring cargo is properly loaded, balanced, and restrained

  • Drug and Alcohol Testing

required screening for operators, especially post-accident or under suspicion of impairment

Failing to follow any of these regulations can shift liability to the truck driver, the trucking company, or other parties involved. If an investigation shows a violation contributed to the crash, it can significantly strengthen your case.

Wisconsin trucking accident laws

Who Can Be Held Liable After a Truck Accident?

Multiple parties may be responsible under Wisconsin law, depending on how the crash occurred and who breached their duty of care:

  • Truck Driver — e.g., for fatigue, impaired driving, speeding, or improper lane changes.
  • Trucking Company — held vicariously liable for drivers' actions, and can also be directly liable for negligent hiring, training, or supervision.
  • Vehicle Owner/Maintenance Firm — when mechanical failures (e.g., brakes, tires) contribute to the crash.
  • Cargo Loaders/Shippers — for insecure or overloaded freight that causes rollovers, jackknifes, or spills.
  • Manufacturers of Trucks/Parts — if defects in design or manufacturing (like faulty brakes) are proven.
  • Government Entities — in rare cases where poor roadway maintenance or signage contributed to the crash.

Wisconsin law also supports negligent entrustment: if an employer knowingly allows an unfit driver to operate a truck, they can be held liable.

Wisconsin trucking accident liability

Determining Fault in Wisconsin Truck Accident cases

Wisconsin uses a modified comparative negligence system, meaning parties share fault by percentage. You can still recover damages as long as your fault is 50% or less; 51% or more breaches your right to compensation entirely. Evidence used to determine fault typically includes:

  • Police Reports (including citations or violations)
  • Witness & Video Evidence (e.g. dashcam, surveillance)
  • Electronic Control Module (Black Box) Data
  • Driver Logs (to detect hours-of-service violations)
  • Maintenance & Inspection Records
  • Cargo Loading Documentation

Expert analysis for crash reconstruction, mechanical inspection, trucking standard of care, and more, often plays a key role in assigning fault accurately.

Advantages of Hiring a Truck Accident Attorney

Getting legal representation is the best thing you can do to improve your chances of getting compensation for your injuries. There are many advantages to having a lawyer represent you, including:

  • Know your rights
  • Gather evidence quickly
  • Superior understanding of Wisconsin personal injury law
  • Build the best case to maximize your financial compensation
  • Represent you in court

If you have been in a truck accident resulting in injuries to you, a loved one, or the other party involved, you should look into hiring a truck accident lawyer. If you have been seriously injured in an accident, you need to get the financial compensation you deserve. Insurance companies and employers often try to downplay your injuries to minimize their financial losses. Hire a lawyer to stop them. If the other party is injured, they may take you to court and try to recover large amounts of money from you in compensation. Without a lawyer, you leave yourself open to extreme financial losses. Contact Tusler Law to protect yourself today!

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Wisconsin trucking accident attorneys

How Long after a Truck Accident can I File Suit?

In Wisconsin, you typically have three years from the date of a truck accident to file a personal injury lawsuit under Wisconsin Statute § 893.54. If the accident resulted in a fatality, the statute of limitations for a wrongful death claim is two years from the date of death. It’s best to act quickly as waiting can lead to lost evidence, uncooperative witnesses, or expired black box data. If you're unsure when the clock started for your case, contact an attorney as soon as possible to protect your right to compensation.

Compensation Available After a Truck Accident in Wisconsin

Victims of Wisconsin truck accidents may pursue a broad range of compensation (damages), including:

Economic damages (special)
medical expenses, lost wages (including future earning capacity), rehabilitation, medication, and vehicle/property damage.

Non-economic damages (general)
pain and suffering, emotional distress, loss of quality of life, and companionship.

Punitive damages
in rare cases where gross negligence is proven, to punish wrongdoing and deter similar behavior.

Under Wisconsin personal injury law, compensation is reduced by any percentage of fault greater than zero under comparative negligence rules.

Speak with a licensed attorney about important considerations to your case such as, wrongful death claims, capped damages, and statutes of limitations and how they can affect your right to compensation.

Wisconsin trucking accident compensation

Truck Accident Case Resolutions: Settlement Agreement vs. Trial

After a truck accident, injury claims are typically resolved in one of two ways: through a negotiated settlement or by pursuing a trial in court. Settlements offer faster, private resolutions, while trials may result in larger awards but involve more time, cost, and uncertainty.

Settlement Agreements

  • Most truck accident cases resolve through settlement, avoiding lengthy trials.
  • Settlements provide speed, control, and confidentiality, as both parties negotiate terms without court.

Trial & Court Proceedings

  • Proceeding to trial can yield higher awards, particularly for catastrophic or disputed-liability injuries.
  • Trials involve filing a lawsuit, discovery, expert testimony, jury or judge decision, but come with higher risk and time investment.

The facts of your case, including the severity of injury, evidence of liability, insurance coverage, and more, often determine which path is most appropriate. An experienced personal injury lawyer can help you decide on the best path through the complicated legal system.

What is the average settlement or trail award after a truck accident?

Settlements vary widely depending on injury severity and case specifics, while on average in Wisconsin truck accident settlements range from around $100,000 to mid-six-figures (depending on the facts of your case). In rare cases with clear liability and serious injuries, settlements or trial awards can reach into the multi-million dollar range. The recoverable amount hinges on liability, injury severity, policy limits, and negotiation strength. Prepare the best case with an experienced personal injury lawyer with a track record of success navigating the complex State and Federal laws governing truck accidents in Wisconsin. Factors that may influence a settlement or trail award:

Severity of Injuries

catastrophic injuries like TBIs, amputations, paralysis, or death justify much larger awards.

Clarity of Liability

strong evidence of at-fault conduct, including regulatory violations, enhances settlement value.

Insurance Coverage Limits

commercial trucking companies typically carry higher coverage, allowing for larger payouts.

Shared Fault

Wisconsin’s comparative negligence rule reduces awards in proportion to your own fault.

Economic Damages

current and projected medical costs, lost income, and property damage.

Non-economic Damages

pain, suffering, emotional distress, and loss of life enjoyment.

Punitive Damages

in cases of gross negligence (e.g., DUI, extreme speed, load violations).

Evidence Strength

robust documentation (medical records, black box data, expert opinions, witness testimony) is critical to maximizing recovery.

Post-Accident Conduct

following medical advice, preserving evidence, and clear communication with insurers all add value.

Legal Representation

experienced Wisconsin truck accident lawyers often secure higher outcomes than victims negotiating alone.

Truck Accident vs. Car Accident: Why the Legal Process Is More Complicated

Truck accident claims are significantly more complex than typical car accident cases due to factors like multiple liable parties (drivers, trucking companies, cargo loaders, manufacturers), strict federal and state regulations (FMCSA rules), higher insurance policy limits, and the severity of injuries and damages involved. It is crucial to contact an experienced personal injury attorney to help secure your rights after a truck accident, especially if you have been seriously injured.

What to Expect During a Truck Accident Lawsuit

Every truck accident claim begins with an insurance claim or demand letter, but the path forward can vary:

PRE-LAWSUIT NEGOTIATION +

Many cases are resolved through negotiation with the trucking company’s insurer. If fault is clear and damages are well-documented, a settlement may occur without ever filing a lawsuit.

FILING A LAWSUIT +

If settlement negotiations stall or liability is disputed, your attorney may file a formal lawsuit in civil court. This triggers the litigation process.

DISCOVERY PHASE +

Both sides exchange evidence, including driver logs, black box (EDR) data, maintenance records, witness statements, and expert evaluations. This stage can last several months.

MEDIATION OR SETTLEMENT CONFERENCE +

Wisconsin courts often encourage both parties to engage in mediation. If successful, the case ends in a formal agreement without a trial.

TRIAL +

If no agreement is reached, the case proceeds to trial. A judge or jury will evaluate evidence, determine fault, and award damages. Trials in truck accident cases can be complex and typically take longer than car accident trials due to federal regulations and high-value stakes.

APPEAL (IF APPLICABLE) +

After a verdict, either party may file an appeal, though this is less common in personal injury cases unless major legal errors are claimed.

Most cases are resolved before trial, but truck accident litigation requires thorough preparation due to the number of parties involved and the technical nature of the evidence.

Truck vs car accident

Why Insurance Companies Try to Minimize Your Claim

Insurance companies try to minimize your claim to reduce their costs, which can undermine your full compensation. Legal representation helps counter these tactics. Common strategies insurers use, especially in large-truck cases, include scenarios like:

  • Delaying payouts to pressure you into a lower settlement.
  • Undervaluing injuries or claiming they are pre-existing.
  • Making lowball settlement offers, sometimes early in the process.
  • Questioning liability or shared fault, even when the truck driver’s company violated regulations.
  • Reviewing and disputing medical evidence to reduce award values.

How Tusler Law Has Helped Wisconsin Victims

Tusler Law has years of experience representing truck accident victims across Wisconsin. We understand the complexities of the state and federal laws governing truck accidents in Wisconsin, insurance company tactics, and the long-term impact of serious injuries. Our team builds every case with the goal of securing maximum compensation, and we don’t settle for less than what you truly deserve. When the stakes are high, we fight for every penny you deserve.

Truck vs car accident
Contact Tusler Law today for a FREE case Evaluation!

What Qualifies as a Truck in Wisconsin?

In Wisconsin, a “truck” generally refers to any motor vehicle designed, used, or maintained primarily for the transportation of property. This includes everything from pickup trucks and delivery vans to large commercial vehicles like semi-trailers, dump trucks, and 18-wheelers Wis. Stat. § 340.01(73). Vehicles classified as “commercial motor vehicles” (CMVs) must also comply with federal FMCSA regulations if they exceed 10,001 pounds, carry hazardous materials, or transport passengers for compensation 49 CFR § 390.5.

Trucks Commonly Involved in Wisconsin Accidents

Tusler Law has seen it all. We work for clients with accidents involving all types of trucks including:

Trucks Commonly Involved in Wisconsin Accidents

18 wheelers
Big rigs
Dump Trucks
Tow Trucks
Semi-trailers
Delivery Trucks
Box Trucks

Common Causes of Truck Accidents

Poor Weather Conditions
Driver Fatigue
Speeding
Distracted Driving
Inadequate Driver Training
Drug or Alcohol Use
Truck not inspected/ properly maintained
Failure to Obey Traffic Laws

Fatal Truck Crashes 2008-2023

  Large truck involvement in fatal crashes and involvement rate, 2008-2023
 
  Year Number of trucks involved Involvement rate per 100 million large-truck miles traveled
 
 
 
  2008 4,089 1.32
  2009 3,211 1.11
  2010 3,494 1.22
  2011 3,633 1.36
  2012 3,825 1.42
  2013 3,921 1.43
  2014 3,749 1.34
  2015 4,075 1.46
  2016 4,562 1.58
  2017 4,805 1.61
  2018 4,909 1.59
  2019 5,033 1.68
  2020 4,821 1.62
  2021 5,700 1.74
  2022 5,837 1.78
  2023 5,375 1.63

 

 
NSC analysis of NHTSA FARS data and National Center for Statistics and Analysis. (2019, January). Large trucks: 2017 data. (Traffic Safety Facts. Report No. DOT HS 812 663). Washington, DC: National Highway Traffic Safety Administration.

WI Truck Accident Injuries per Year

  Large Truck Crash
Data in WI by Year		 Large Truck
Crashes		 Large Truck
Crash Injuries		 Large Truck Crash
A-Injuries (Most Serious)
  2019 8,134 1,986 232
  2020 5,921 1,287 182
  2021 6,356 1,715 215
  2022 6,785 1,846 229
  2023 6,562 1,665 192
  2019-22 AVG 6,752 1,700 210
 
*Data reported from the State of Wisconsin Department of Transportation

The most common Injuries Sustained in a WI Truck Accident include:

Traumatic Brain Injuries (TBIs)
Spinal Cord Injuries
Broken Bones (Fractures)
Internal Organ Damage
Burns and Lacerations
Whiplash and Neck Injuries
Post‑Traumatic Stress Disorder (PTSD)

Wisconsin’s Most Dangerous Highways

WI Highway 29

State Trunk Highway 29 is a state highway running east–west across central Wisconsin. It is a major east–west corridor connecting the Twin Cities and the Chippewa Valley with Wausau and Green Bay. Termed “Bloody 29” due to the high number of fatal traffic incidents along large portions of the highway.

WI Highway 57

Wisconsin Highway 57 runs from its southern terminus at WIS 59 in Milwaukee to its northern terminus at WIS 42 in Sister Bay. WIS-57 was similarly termed, “Bloody Route 57”, after a series of 18 tragic deaths along between 1994 and 1997.

See other hazardous corridors with the WisDOT Crash Data interactive map, which highlights crash density along state highways since 2010.

Most Dangerous Times for Truck Crashes

Wisconsin truck crashes spike during two high-risk periods: Late night/early morning (12 a.m.–6 a.m.) due to driver fatigue, and late afternoon/evening (3 p.m.–8 p.m.), overlapping peak traffic hours.

Contact Tusler Law today. We will fight for the compensation you deserve.

FAQs about truck accidents

Who pays if I am injured in a commercial truck accident?+

Responsible parties may include the truck driver, the truck drivers’ company, or the company responsible for the truck drivers’ cargo. It will differ based on the accident, and you may be able to recover compensation from more than one responsible party.

What am I supposed to do after a truck accident?+

Most importantly make sure everyone is OK & contact emergency services. After, take photo & video evidence of damage to your vehicle and any injuries you may have received. Acquire contact information of any witnesses present and keep any official records from police and medical personnel.

Should I contact an attorney after a truck accident?+

Even if you don't think you need legal representation, it is important to contact a truck accident attorney as soon as possible. They will help you assess your losses and explore the options available to you through your own insurance.

How long do I have to file a truck accident claim in Wisconsin?+

You have three years from the date of the accident or from the diagnosed injury stemming from the accident to file it, but it is best to file it as soon as possible.

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