Detailed Answer
Short answer: After a truck crashes into you and causes injuries in Wisconsin, start by getting medical care and documenting everything. Report the crash to police, preserve evidence, notify your insurer, and then pursue a claim with the at-fault party’s insurer. If insurers will not reach a fair settlement, you can file a civil lawsuit. Act promptly: most injury claims must be filed within the state time limit, and special rules apply if a government vehicle or agency is involved.
Step-by-step approach
- Get medical care immediately. Your health is the priority. Seek emergency care if needed and follow up with treating providers. Medical records and bills are primary proof of injury and are essential for any claim.
- Report the crash and get the police report. Call 911 or local police at the scene so an official report can document what happened. In Wisconsin the accident report helps establish fault and is valuable evidence.
- Preserve and gather evidence. If you can, take photos of vehicle damage, road conditions, skid marks, and visible injuries. Get names, phone numbers, insurance information, and license plate numbers from other drivers and witnesses. Preserve damaged clothing and medical devices. Ask your medical providers to keep detailed records and treatment notes.
- Notify your insurance company. Report the crash to your auto insurer promptly and follow policy notice rules. If the truck driver or trucking company’s insurer contacts you, be cautious. Do not sign releases or accept quick settlement offers before you know the full extent of your injuries.
- Identify potential defendants. A truck crash often involves multiple responsible parties: the driver, the trucking company or employer, the vehicle owner, a leasing company, or a maintenance provider. If the driver was working at the time, the employer may be vicariously liable. If the truck was owned by a government entity, special notice rules apply (see below).
- Collect trucking-specific evidence. For commercial trucks, valuable evidence includes the driver’s logbooks or electronic logging device (ELD) data, maintenance and inspection records, cargo manifests, insurance and leasing contracts, driver qualification files, drug/alcohol testing records, and the dispatcher’s instructions. The trucking company or carrier must preserve this evidence once notified; ask your attorney to obtain it quickly.
- Consider an attorney experienced in truck crashes. Truck cases can be complex because of multiple parties, federal and state regulations (e.g., hours-of-service), and larger insurance limits. Many personal injury attorneys handle truck collisions on a contingency-fee basis (they get paid only if you recover).
- File an insurance claim and negotiate. Your attorney (or you) will present medical records, bills, wage-loss documentation, and evidence of fault to the insurer and demand compensation for medical costs, lost earnings, pain and suffering, and other damages.
- File a lawsuit if necessary. If the insurer refuses a reasonable settlement, you can file a civil lawsuit in Wisconsin court. For most personal injury claims, Wisconsin law generally limits the time to sue to three years from the date of injury. See Wis. Stat. §893.54 for the statute of limitations on actions for negligent injury: https://docs.legis.wisconsin.gov/statutes/statutes/893/54
- Be aware of comparative fault rules. Wisconsin reduces your recovery by your percentage of fault. If you are more than 50% at fault, you generally cannot recover. See Wis. Stat. §895.045 on comparative negligence: https://docs.legis.wisconsin.gov/statutes/statutes/895/045
Special rules if a government vehicle or public entity was involved
If the truck was owned or operated by a municipality or state agency, you usually must comply with special notice requirements before suing. Wisconsin law imposes administrative notice and claim-filing procedures for actions against government entities. Check Wis. Stat. §893.80 and act quickly because those deadlines and procedures differ from ordinary civil claims: https://docs.legis.wisconsin.gov/statutes/statutes/893/80
Typical damages you can seek
- Medical expenses (past and future)
- Lost wages and loss of future earning capacity
- Pain and suffering and emotional distress
- Permanent impairment or disfigurement
- Property damage (vehicle repair or replacement)
Timing and deadlines — summary
Most personal injury lawsuits in Wisconsin must be filed within three years of the injury (see Wis. Stat. §893.54: https://docs.legis.wisconsin.gov/statutes/statutes/893/54). However, if you are pursuing a claim against a government entity, different notice deadlines may apply—review Wis. Stat. §893.80 for those requirements: https://docs.legis.wisconsin.gov/statutes/statutes/893/80. Because evidence can disappear quickly and medical conditions evolve, start the process promptly.
How an attorney can help
An attorney can: collect trucking records and ELD data; identify all liable parties; calculate full damages (including future medical needs); negotiate with insurers; handle depositions and discovery; meet procedural and deadline requirements; and file suit if needed. If you cannot afford an upfront fee, many attorneys accept truck-injury cases on contingency.
Final practical tips
- Don’t give a recorded statement to the other side without counsel.
- Save all medical records, bills, pay stubs, photos, and communications about the crash.
- Write down your symptoms and how injuries affect daily life; document lost work and income.
- Act early to preserve evidence (ELD logs, black box data, maintenance records).
Disclaimer: I am not a lawyer and this is not legal advice. This article provides general information about Wisconsin law and common steps people take after a truck crash. For advice about your specific situation, contact a licensed Wisconsin attorney who handles truck accident and personal injury claims.
Helpful Hints
- Seek immediate medical care even if injuries seem minor; some injuries show up later.
- Request and keep a copy of the police crash report and any photos or dashcam footage.
- Ask your insurer about medical payment (MedPay) coverage or personal injury protection if your policy includes it.
- If the truck belongs to a business, get the company name, USDOT number, and insurance information—this helps identify the carrier and insurance limits.
- Keep a daily injury journal describing pain levels, treatments, and limitations; this strengthens claims for non-economic damages.
- Preserve clothing and personal items damaged in the crash; they can be evidence of impact and injury.
- Do not post accident details or photos on social media; insurers and defense attorneys often use social posts against injury claims.
- Talk to a lawyer early—many attorneys offer free consultations and can explain whether your case warrants an immediate preservation letter to the trucking company.