What is the statute of limitations for truck accidents in Wisconsin?

Wisconsin provides 3 years from the date of the accident to file a personal injury or wrongful death lawsuit under Wis. Stat. § 893.54. This provides reasonable time to assess injuries and build a comprehensive case.

How does Wisconsin's fault system affect my truck accident claim?

Wisconsin uses modified comparative negligence with a 51% bar. If you are found 51% or more at fault, you cannot recover any damages. If you are 50% or less at fault, your recovery is reduced by your fault percentage.

Are there damage caps in Wisconsin truck accident cases?

Yes, Wisconsin caps non-economic damages at $750,000 for personal injury cases and $500,000 for wrongful death cases. Economic damages for medical expenses and lost wages are not capped.

What is the average truck accident settlement in Wisconsin?

Wisconsin truck accident settlements typically range from $100,000 to over $1,000,000 depending on injury severity. The damage caps affect non-economic recovery, but economic damages can be substantial.

How long do truck accident cases take in Wisconsin?

Most Wisconsin truck accident cases settle within 12-18 months. Milwaukee handles the largest volume of truck accident cases. Madison and Green Bay courts also handle significant trucking litigation.

What should I do after a truck accident in Wisconsin?

Call 911 immediately, seek medical attention, document the accident scene with photos including the truck's company name and DOT number, gather witness contacts, and contact a truck accident attorney to protect your rights.

What makes Wisconsin truck accidents unique?

Wisconsin's Interstate 94 corridor between Milwaukee and Chicago carries enormous freight traffic. Dairy and agricultural trucks are common throughout the state. Harsh winters with snow, ice, and freezing conditions create significant hazards. The Port of Green Bay generates commercial trucking activity.

Why do I need a truck accident lawyer in Wisconsin?

Wisconsin's damage caps and 51% fault bar require strategic legal representation. A Wisconsin truck accident lawyer understands how to maximize economic damages and navigate the state's specific legal requirements.

Home / Truck Accident Attorney / Wisconsin

Wisconsin Truck Accident Attorney

State-specific legal information for truck accident cases in Wisconsin. Find attorneys who understand Wisconsin law, statute of limitations, and fault rules.

Free Case Evaluation

24/7 Available

No Fee Unless You Win

Last updated: January 15, 2025

Statute of Limitations

3 years

Personal injury claims

Wrongful death: 3 years

Fault System

Modified Comparative 51

Wisconsin uses modified comparative negligence with a 51% bar. If you are 51% or more at fault, you ...

Damage Caps

Yes

$750,000 (injury) / $500,000 (death)

Wisconsin caps non-economic damages at $750,000 for personal injury cases and $5...

Settlement Calculator

Estimate your potential case value for Wisconsin

Medical Expenses$50,000

Past and future medical costs

Lost Wages$25,000

Lost income and earning capacity

Pain & Suffering Multiplier3x

Based on injury severity (1 = minor, 5 = catastrophic)

Your Fault Percentage0%

Wisconsin uses modified comparative 51 negligence system, your 0% fault may prevent recovery. Consult an attorney immediately to review your options.

Economic Damages:$75,000

Non-Economic Damages:$150,000

Total Before Fault Adjustment:$225,000

Estimated Settlement Range:

$135,000 - $225,000

Actual settlements vary based on evidence, defendant conduct, and case-specific factors

Note: Your state has damage caps that may limit non-economic damages

Get Free Case Evaluation

Wisconsin Statute of Limitations

Personal Injury Claims

3 years

From the date of the accident to file a lawsuit. Missing this deadline bars your claim permanently.

Wrongful Death Claims

3 years

From the date of death to file a wrongful death lawsuit. Family members must act quickly.

Legal citation: Wis. Stat. § 893.54

Don't Wait Until the Deadline

Even though you have 3 years, trucking companies can legally destroy ELD data and logs after 6 months. Contact an attorney immediately to preserve evidence. Read more about statute of limitations exceptions.

Wisconsin Fault System

Modified Comparative 51

Wisconsin uses modified comparative negligence with a 51% bar. If you are 51% or more at fault, you cannot recover damages. Below 51%, your recovery is reduced by your fault percentage.

What This Means for Your Case

Under Wisconsin's modified comparative negligence rule, insurance companies will fight to assign you enough fault to bar recovery. Your attorney must effectively prove the truck driver's greater responsibility for the accident.

Legal citation: Wis. Stat. § 895.045

Wisconsin Damage Caps

Damage Caps Apply

Wisconsin caps non-economic damages at $750,000 for personal injury cases and $500,000 for wrongful death. Economic damages are not capped.

Non-Economic Damages Cap

$750,000 (injury) / $500,000 (death)

Pain and suffering, loss of enjoyment

Frequently Asked Questions: Wisconsin Truck Accident Law

Learn More About Truck Accident Cases

Complete Truck Accident Lawyer Guide

Everything you need to know about hiring an attorney and what to expect

Truck Accident Settlements

Average payouts and factors affecting case value

How to File a Lawsuit

Step-by-step legal process explained

Truck Accident Statistics

State-by-state data and trends

View Other State Information

View All States

Expert-Verified Information

Expert-Informed

Content cross-referenced against expert guidance

Primary Sources:

•FMCSA
•NHTSA
•CVSA

View Our Expert Directory

Get Help with Your Wisconsin Truck Accident Case

Connect with experienced truck accident attorneys who understand Wisconsin law. Free consultation with no obligation.

Free Case Evaluation Learn More

Wisconsin Statute of Limitations

Personal Injury Claims

3 years

From the date of the accident to file a lawsuit. Missing this deadline bars your claim permanently.

Wrongful Death Claims

3 years

From the date of death to file a wrongful death lawsuit. Family members must act quickly.

Legal citation: Wis. Stat. § 893.54

Don't Wait Until the Deadline

Wisconsin Fault System

Modified Comparative 51

Wisconsin uses modified comparative negligence with a 51% bar. If you are 51% or more at fault, you cannot recover damages. Below 51%, your recovery is reduced by your fault percentage.

What This Means for Your Case

Legal citation: Wis. Stat. § 895.045

Frequently Asked Questions: Wisconsin Truck Accident Law