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A collision with a fully loaded semi-truck, tractor-trailer, or commercial big rig is among the most devastating events a Wisconsin driver can experience. These vehicles can weigh up to 80,000 pounds — roughly 20 times the weight of a typical passenger car — and when they crash, the results are often catastrophic. If you or a family member has been seriously injured in a truck accident in Madison or anywhere in Wisconsin, Pemberton Personal Injury Law Firm is here to fight for every dollar you are owed.
Truck accident cases are fundamentally more complex than standard car accident claims. They involve federal FMCSA regulations, commercial insurance policies with high limits and aggressive defense teams, and often multiple potentially liable parties — including the driver, the trucking company, the cargo loader, and the vehicle manufacturer. You need attorneys who understand these complexities and have the resources to take on the trucking industry. Our Madison personal injury lawyers have done exactly that — and we have the results to show for it. Contact us today for a free, no-obligation consultation. We work on contingency — you pay nothing unless we win.
⚠ Time-Sensitive — Wisconsin Law Limits Your Window to File
You have 3 years from the date of your truck accident to file a personal injury lawsuit in Wisconsin — after that, your right to compensation may be permanently lost.
Pemberton has recovered $40M+ for injured Wisconsinites. We work on contingency — you pay nothing unless we win. Free consultations available 24/7 from our Madison and Baraboo offices.
Wondering what to do after a truck accident in Wisconsin — or whether you even have a case? Attorney William Pemberton walks through what makes truck accident claims different from other personal injury cases and what victims need to know before dealing with a trucking company’s insurance team. Watch below, then read on for a full breakdown of your rights and options.
Our Madison truck accident attorneys know Wisconsin’s legal system, Dane County courts, and the federal regulations that govern the trucking industry. Below is everything you need to understand about your rights, who may be liable, and how Pemberton pursues maximum compensation for truck accident victims.
Standard car accident claims are complicated enough — truck accident claims are in a different category entirely. Here is why:
According to the Wisconsin Department of Transportation, large truck crashes result in an annual average of 73 fatalities and 1,748 injuries statewide. On average, Wisconsin sees over 7,000 accidents involving semi-trucks and large commercial vehicles every year. Madison sits at the intersection of I-90, I-94, and I-39/90 — a major corridor for heavy commercial traffic and a frequent site of serious crashes.
The FMCSA’s Hours of Service regulations limit how long truck drivers can operate without rest — but trucking companies frequently pressure drivers to exceed those limits to meet delivery deadlines. A fatigued driver has slower reaction times, impaired judgment, and reduced situational awareness behind the wheel of an 80,000-pound vehicle.
Phone use, GPS input, eating, and other distractions are dangerous in any vehicle. In a commercial truck traveling at highway speed, a fraction of a second of inattention can mean hundreds of uncontrolled feet before the driver reacts.
Speeding to meet tight delivery deadlines, following too closely, and aggressive lane changes are all common factors in serious truck crashes. Reckless driving at the scale of a commercial vehicle can be catastrophic for everyone in its path.
Commercial truck drivers are held to a stricter legal standard — a BAC of 0.04% rather than 0.08%. Despite this, drug and alcohol use remains a documented factor in serious truck crashes. When intoxication combines with the size and speed of a large truck, the results are devastating.
Beyond hours of service, FMCSA regulations govern cargo securement, vehicle inspections, brake maintenance, and tire condition. Shifts in improperly loaded cargo can cause sudden rollovers. Deferred brake maintenance can make a truck incapable of stopping in time. These failures are often the core of a truck accident negligence case.
Our attorneys conduct a thorough investigation to identify every liable party — because holding all responsible parties accountable is what maximizes your recovery.
Punitive damages may be available when the at-fault party acted with willful, wanton, or reckless disregard for public safety — such as a trucking company that knowingly falsified driver logs to exceed FMCSA limits. In Wisconsin, punitive damages are capped at twice the compensatory damages awarded or $200,000, whichever is greater. Our attorneys evaluate every case for punitive damage eligibility and pursue it where the evidence supports it.
At Pemberton Personal Injury Law Firm, we bring the experience, resources, and determination to take on major trucking companies and their insurers. Our results include a $575,000 recovery for a client who sustained approximately $120,000 in medical expenses in a serious trucking accident — a case where we partnered with co-counsel to build a case strong enough to secure nearly five times the medical bills in compensation.
Past outcomes do not guarantee future results. What they reflect is the commitment and depth of resources we bring to every truck accident case we take on.
You likely have a valid claim if your injuries were caused by the negligence of a truck driver, trucking company, or another party involved in the operation or maintenance of the vehicle. Common grounds include driver fatigue in violation of FMCSA hours-of-service rules, impaired or distracted driving, mechanical failures due to deferred maintenance, and improperly secured cargo. The best way to evaluate your situation is to speak with a truck accident attorney as soon as possible.
Liability often extends beyond the driver to include the trucking company, the cargo loading company, the truck or parts manufacturer if a defect caused a mechanical failure, and potentially a government entity if dangerous road conditions played a role. Our attorneys conduct a thorough investigation to identify every liable party so nothing is overlooked.
Under Wisconsin Statute section 893.54, you generally have 3 years from the date of your injury to file a personal injury lawsuit. For wrongful death claims, the window begins on the date of death under section 895.04. However, truck accident evidence like black box data and driver logs is time-sensitive — contact an attorney as soon as possible after the crash.
You may be entitled to recover past and future medical expenses, lost wages and reduced earning capacity, pain and suffering, property damage, and loss of enjoyment of life. In cases involving particularly reckless conduct, punitive damages may also be available in Wisconsin, capped at twice the compensatory amount or $200,000, whichever is greater.
Wisconsin follows a modified comparative fault rule under section 895.045. As long as your share of fault does not exceed 50%, you may still recover compensation — though your award is reduced proportionally by your percentage of fault. Trucking company insurers routinely try to shift blame onto the victim. Our attorneys investigate independently and push back hard against unwarranted fault assignments.
No. Trucking companies carry large commercial insurance policies and their adjusters are trained to minimize payouts from the moment a crash is reported. Do not give a recorded statement, do not sign any release, and do not accept any early settlement offer before consulting with a truck accident attorney. Early offers are almost always far below the true value of a serious truck accident claim.
If you or a loved one has been seriously injured in a truck accident in Madison or anywhere in Wisconsin, do not wait to get legal help. The trucking company’s attorneys and insurers are already working to minimize their liability. Pemberton Personal Injury Law Firm is here to level the playing field.
Contact our Madison truck accident attorneys at (608) 448-6242 today for a free consultation. We are available 24/7, we come to you if needed, and we work on contingency — no fee unless we win.
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
The client was seriously injured in a trucking accident, sustaining approximately $120,000 in medical expenses. After thorough treatment and recovery, we partnered with co-counsel to build a strong case. Despite questions about future complications, we successfully negotiated a $575,000 settlement to compensate the client for injuries sustained, medical treatment received, and the impact on quality of life.
The client was rear-ended by a semi while parked on the side of the highway. He sustained significant back injuries, had surgery the day of the crash, but very little follow up treatment after the surgery. We obtained double the insurance company’s initial offer of $250,000.
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.
In this car accident case, the client suffered catastrophic injuries in a head-on collision when the at-fault driver crossed the center line. Her injuries included multiple broken bones in the chest, ribs, wrist, and ankle, internal injuries requiring intestinal surgery, and a damaged artery in the spine. With medical expenses exceeding $4,000, we secured the at-fault driver’s full insurance coverage and pursued an additional $1,000,000 from the client’s own insurance policy. We also negotiated a reduction of more than $468,000 in outstanding medical costs to ensure the client received maximum financial recovery for her life-altering injuries and permanent impact on her ability to work.
The client’s loved one suffered a fatal injury in an auto collision that resulted in over $382,000 in medical bills. Acting as the family’s second attorney, we navigated difficult policy-limit issues and secured a $1,000,000 settlement. While the case had greater overall value and the family would have liked a higher recovery, they chose to settle to avoid prolonged litigation and move forward.
“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”
