Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
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Delivery trucks and vans are on nearly every Wisconsin street now, from interstate box trucks to cargo vans making dozens of stops in residential neighborhoods. When one of those drivers backs into you, rear-ends your car, or strikes you in a crosswalk, the claim that follows is often more complicated than a typical crash, because the driver, the company, and a web of contractors and insurers may all be involved.
Pemberton Personal Injury Law Firm handles delivery vehicle crashes as part of our Wisconsin truck accident practice, with offices in Baraboo, Madison, Eau Claire, and Sun Prairie. We work to identify who employed or contracted the driver, which policies cover the vehicle, and what your claim should include. Case evaluations are free, and we are available 24/7.
⚠ Time-Sensitive: Wisconsin Law Limits Your Window to File
Hit by a delivery truck in Wisconsin? You generally have 3 years to file a personal injury lawsuit, and delivery companies often begin protecting themselves the day of the crash.
Free case evaluations, available 24/7. No fee unless you are paid. Offices in Baraboo, Madison, Eau Claire, and Sun Prairie.
Delivery truck crashes differ from ordinary car accidents because of how and where these vehicles operate. Drivers make frequent stops, double-park on busy streets, back out of driveways and loading areas, and navigate neighborhoods full of pedestrians, cyclists, and children, often while checking a handheld scanner or route screen.
The business side adds another layer. Many deliveries are handled by contractors rather than the company whose name is on the package, and the vehicles range from small cargo vans to box trucks and tractor-trailers. Which company is responsible, which insurance applies, and which safety rules govern the driver can all depend on those details.
The size of the delivery vehicle affects which rules apply and how much insurance may be available. A vehicle’s gross vehicle weight rating, the maximum loaded weight set by its manufacturer, is the key dividing line.
| Vehicle Type | What It Means for Your Claim |
|---|---|
| Cargo vans and pickups | Usually rated under 10,001 pounds. Wisconsin traffic law and the vehicle’s commercial or personal auto policy typically apply. |
| Box trucks and step vans | Often rated at 10,001 pounds or more, which can make them commercial motor vehicles under 49 CFR § 390.5 and subject to federal safety rules in interstate commerce. |
| Tractor-trailers | Require a commercial driver’s license and are governed by federal rules on driver hours, inspections, and maintenance. |
| Personal vehicles used for delivery | App-based drivers may be covered by the platform’s policy only during certain periods of a delivery, so timing matters. |
Larger vehicles also tend to carry larger policies. For-hire carriers hauling nonhazardous property across state lines in vehicles of 10,001 pounds or more must carry at least $750,000 in financial responsibility under 49 CFR § 387.9, while a small van may carry far less.
Most delivery truck crashes trace back to the pressure of the job. Drivers working against tight delivery windows may speed, roll through stop signs, or make abrupt stops and turns. Glancing at a scanner or navigation screen while moving can violate Wis. Stat. § 346.89, which bars driving while engaged in any activity that interferes with safe operation, and is a form of distracted driving.
Other frequent causes include backing without a spotter or camera, double-parking that forces others into oncoming lanes, fatigue from long shifts, overloaded or poorly secured cargo, and skipped maintenance on brakes and tires. Delivery routes run through residential streets and downtown areas, so pedestrians and bicyclists are often among the people hurt.
A delivery truck claim may involve several responsible parties, and finding all of them can increase the coverage available. These are the parties we look at first.
A driver who was speeding, distracted, impaired, or careless is directly responsible for the harm caused.
Employers are generally responsible for crashes their employees cause on the job, and may also be liable for negligent hiring or training.
When delivery work is contracted out, the relationships between companies can determine who shares responsibility and whose policy applies.
Vehicle lessors, cargo loaders, and maintenance shops can be liable when their failures contributed to the crash.
Delivery companies often argue that a driver was an independent contractor to distance themselves from a crash. How the work was actually controlled, rather than the label on a contract, often decides that question, so we look closely at those arrangements.
Our firm represents drivers, passengers, pedestrians, cyclists, and families across Wisconsin in claims involving the following.
A delivery van that rear-ends a stopped car raises many of the same issues as other rear-end collision claims, with the added question of which company stands behind the driver.
The injuries in delivery truck crashes depend on the size of the vehicle and who was struck. Collisions with box trucks and tractor-trailers can cause traumatic brain injuries, spinal injuries, and multiple fractures, while even a cargo van can cause serious harm to a pedestrian or cyclist.
Whiplash, herniated discs, shoulder injuries, and concussions are common in lower-speed crashes and backing accidents. Getting prompt medical care and following through with treatment protects your health and creates the record your claim will rely on.
Delivery drivers who are injured on the job may have more than one path to compensation. Wisconsin workers’ compensation generally covers employees hurt while working regardless of fault, and if another driver caused the crash, you may also have a separate claim against that driver for losses workers’ compensation does not cover, such as pain and suffering.
Your status as an employee or contractor affects what is available, and the two claims interact in ways that matter for your final recovery. Our team can review both, and we also handle Wisconsin work injury claims.
You generally have 3 years from the date of a delivery truck crash to file a personal injury lawsuit in Wisconsin. If the crash caused a death, the family’s wrongful death claim must be filed within 2 years.
2 Years
Usually from the date of death, under § 893.54(2m)
Delivery companies and their insurers often start building their defense right away, and electronic data from the vehicle may be overwritten if no one asks to preserve it. Families who lost someone should also learn about wrongful death claims in Wisconsin as early as possible.
A delivery truck claim seeks payment for the losses the crash caused. Depending on the facts, compensation may include the following.
| Medical Expenses | Emergency care, surgery, therapy, medication, and expected future treatment. |
| Lost Income | Wages lost during recovery and reduced earning ability if you cannot return to the same work. |
| Pain and Suffering | Physical pain, emotional distress, and loss of enjoyment of daily life. |
| Property Damage | Repair or replacement of your vehicle, bicycle, or other damaged property. |
| Wrongful Death Damages | Funeral costs, lost financial support, and loss of companionship for surviving family members. |
If the delivery vehicle’s coverage falls short, uninsured and underinsured motorist coverage on your own auto policy under Wis. Stat. § 632.32 may help close the gap.
Delivery fleets generate a great deal of data, and we move quickly to secure it. That can include GPS and telematics records, route and stop logs, scanner activity, dashcam footage, maintenance records, and the driver’s training and work history. We send preservation letters early so this evidence is not lost or overwritten.
We then identify every company and policy connected to the vehicle, handle communication with the insurers, and prepare your claim as though it may go to trial. Our attorneys represent injured people throughout Wisconsin. You pay nothing up front, and our fee comes only from a recovery.
These steps can protect your health and your claim after a crash with a delivery vehicle.
Wisconsin requires an immediate report for crashes with injuries or apparent damage of $1,000 or more under Wis. Stat. § 346.70.
See a doctor promptly, even if you feel fine, and keep every follow-up appointment.
Photograph the truck, its company markings, license plate, and any USDOT number on the door.
Note the driver’s name, employer or contractor, and insurance, plus witness contacts.
Do not give the company’s insurer a recorded statement until you have legal advice.
A free case evaluation helps preserve fleet data and protect your deadlines.
With four offices across the state, we're never far from where you need us.
These answers address the questions we hear most often after a crash with a delivery vehicle.
Often both. Employers are generally responsible for crashes their employees cause on the job, and a company may also be liable for its own negligence in hiring, training, or scheduling. When the driver worked for a contractor, the contracts and actual working relationship determine who shares responsibility.
You generally have 3 years from the date of the crash to file a personal injury lawsuit. A wrongful death claim arising from a vehicle crash must be filed within 2 years.
Case evaluations with our firm are free, and there is no fee unless you are paid. Our fee comes from the recovery at the end of the case, so you pay nothing up front.
Yes, surviving family members may be able to pursue a wrongful death claim for funeral costs, lost financial support, and loss of companionship. Wisconsin requires that claim to be filed within 2 years when the death arose from a motor vehicle crash.
Coverage depends on what the driver was doing at the moment of the crash. App-based platforms often provide coverage only during certain stages of a delivery, so the timing of the crash and the driver’s personal policy both matter.
Yes. We represent clients across the state from our offices in Baraboo, Madison, Eau Claire, and Sun Prairie, and we are available 24/7 to talk through what happened.
A crash with a delivery truck can leave you facing a large company and its insurers while you are still trying to heal. William Pemberton founded our firm to stand up for injured people and families across Wisconsin, and our attorneys bring that commitment to every delivery truck case we take on.
Contact Pemberton Personal Injury Law Firm or call (608) 448-6242 to schedule your free case evaluation. We are available around the clock, and there is no fee unless we recover compensation for you.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$40M+ Won For Our Clients
Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
The client sustained catastrophic injuries in a car accident — dislocated ribs and multiple vertebrae (including C3–C4, L4–L5, S1), a C2–3 cord lesion with right leg pain/weakness, concussion with loss of consciousness, abrasions, and ongoing neck, shoulder, back, knee and hip problems, as well as anxiety, depression and PTSD. With medical bills totaling $203,240.17, we secured a $595,000 settlement to compensate the client for extensive physical and psychological harms and to maximize their recovery.
The client was injured in an auto accident, sustaining injuries to the left shoulder, lower back, left hand, as well as whiplash and dental damage. The insurer initially refused to make any settlement offer. We filed suit and secured the full $500,000 policy limit without the need for depositions or trial, while also reducing liens by $30,242.98.
“If you ever need an attorney, he would be the first one I recommend”
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”
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Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
"*" indicates required fields
By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.