Truck Accident Claims in Wisconsin
The safety and insurance rules for trucks in Wisconsin, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: Wisconsin's Department of Transportation must prescribe rules on safety of operations and drivers' hours of labor for motor carriers, with limits on applying federal rules (49 CFR 390, 391, 392, 395 and 397) to certain farm trucks and horse-trailer combinations. Wis. Stat. §§ 194.38(1)(b), (2), 194.41(1), (6); 49 CFR 387.9
| Truck safety and insurance rules | Wisconsin's Department of Transportation must prescribe rules on safety of operations and drivers' hours of labor for motor carriers, with limits on applying federal rules (49 CFR 390, 391, 392, 395 and 397) to certain farm trucks and horse-trailer combinations. Covered carriers must file proof of liability insurance; the minimum is the federal level under 49 USC 13906(a)(1), except $300,000 for a vehicle of 10,000 pounds or less not carrying listed hazardous materials. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share. Source: Wis. Stat. § 895.045(1) |
| Damage caps | No general cap on compensatory damages in ordinary personal injury cases was found. Wisconsin caps noneconomic damages in medical malpractice cases, loss-of-society damages in wrongful death cases ($500,000 for a minor, $350,000 for an adult), punitive damages, and damages against governments. |
| Deadline to sue for an injury | Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident. Source: Wis. Stat. § 893.54(1m)(a) |
More Wisconsin personal injury & wrongful death
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- Wrongful Death Lawsuits in Wisconsin
- Medical Malpractice Rules in Wisconsin
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- Slip, Trip and Fall Injuries in Wisconsin
- Sidewalk and Public Property Falls in Wisconsin
- Motorcycle Accident Claims in Wisconsin
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FAQ
What safety and insurance rules apply to trucks in Wisconsin?
Wisconsin's Department of Transportation must prescribe rules on safety of operations and drivers' hours of labor for motor carriers, with limits on applying federal rules (49 CFR 390, 391, 392, 395 and 397) to certain farm trucks and horse-trailer combinations. Covered carriers must file proof of liability insurance; the minimum is the federal level under 49 USC 13906(a)(1), except $300,000 for a vehicle of 10,000 pounds or less not carrying listed hazardous materials. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9.
Can you recover damages if you were partly at fault in Wisconsin?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share.
Does Wisconsin cap damages in personal injury cases?
No general cap on compensatory damages in ordinary personal injury cases was found. Wisconsin caps noneconomic damages in medical malpractice cases, loss-of-society damages in wrongful death cases ($500,000 for a minor, $350,000 for an adult), punitive damages, and damages against governments.
What is the statute of limitations for personal injury in Wisconsin?
Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.