Wisconsin Truck Accident Lawyer & Attorney : Rozek Law Offices : Milwaukee, Madison, Kenosha, La Crosse

On October 30, 2008, a Semi-Truck crashed into an SUV, pushing it into the rear of another semi-truck. The accident occurred near Highway 11, west of Highway DD, in Spring Prairie Township, in Walworth County. As the photograph of the SUV illustrates, the collision essentially pinned the SUV between the two semi-trucks.

The driver of the SUV, George O. Smith Jr., 50, was taken to a Milwaukee-area hospital via a Flight for Life helicopter. Tragically, his father, George O. Smith Sr., 78, of Burlington, who was the front-seat passenger in the SUV, did not survive the crash.

Preliminary investigations have shown the lead semi-truck, a truck being operated by J.B. Hunt, had slowed or stopped for utility work that was being done by WE Energies in the area. It appears as though the SUV had also slowed or stopped, prior to being slammed from behind by the second semi-truck.

The driver of the second semi-truck, Darin Pleines, of Clofax, Illinois, admitted to authorities that immediately before the crash, he had taken his eyes off the road while reaching down for a soda. His trucking company also had citations as recent as July of 2008, for failing to adequately maintain the brakes in some of their tractor-trailers. However, it is unknown if brake failure played a role in the crash.

At this time, many questions remain unanswered, some of which include the following:

• Was the driver of the second semi-truck in compliance with the hours of service requirements, and if not, did fatigue play a role in causing the crash?
• Did the J.B. Hunt semi-truck engage it’s emergency flashers when stopping or reducing it's speed and if so, did this play a role in causing the crash?
• Did WE Energies provide adequate warnings in the area and if not, did this play a role in causing the crash?
• Did the J.B. Hunt semi-truck have proper underride equipment and if not, did that play a role in the extent of the injuries?

Meanwhile, the investigation continues. Click for more information about Wisconsin Truck Accidents and here for more information about Truck Driver Fatigue.

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On October 22, 2008, a Madison federal grand jury indicted the semi-truck driver involved in the 2005 tractor trailer truck accident that killed five Wisconsin residents and injured dozens others. The accident involved a  bus carrying members of the Chippewa Falls High School Band, which slammed into an overturned semi-truck, moments after the semi-truck driver lost control.

The semi-truck driver, Michael J. Kozlowski, of Indiana, was acquitted of all criminal charges last year in state court, including a negligent homicide charge. The new federal charges stem from the truck driver falsifying his driver logs.

According to the indictment and the investigation by the National Transportation Safety Board (NTSB), the truck driver had falsely logged 10 hours of sleep time on 12 separate occasions. All of the false logs occurred within a three month period in fall of 2005.

Under federal law, semi-truck drivers are required to record their hours of service. This includes documenting the amount of time driving, as well as time sleeping and time off. The NTSB investigation concluded that truck driver fatigue was a major factor in causing the crash. Visit our Wisconsin Truck Driver Fatigue page for more information on hours of service requirements.

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The Wisconsin Department of Transportation recently released their 2006 traffic crash statistics, including those for all reported Wisconsin truck accidents.

According to the report, there were 7,157 large truck crashes in Wisconsin in 2006. Of these large truck collisions, 78 of the crashes resulted in fatalities, and another 1,814 crashes resulted in injuries to occupants of the truck or other vehicle involved in the crash. 84 people were killed in the 78 fatal large truck crashes and 2,642 were injured as a result of the 1,814 large truck crashes.

The report breaks down the age and sex of the large truck drivers involved in Wisconsin accidents. Men aged 45 to 54 were responsible for nearly 2,000 Wisconsin large truck crashes that resulted in fatalities, injuries or property damage. This was the highest demographic of truck drivers involved in Wisconsin crashes.

Of the 7,157 crashes involving large trucks in Wisconsin in 2006, the majority (52%) involved some possible contributing cause attributed to the large truck driver. The top contributing factors are indicated below in order of frequency:

1. Inattentive Driving
2. Failure to Control
3. Improper Turn
4. Failure to Yield Right-of-Way
5. Unsafe Backing
6. Speed Too Fast For Conditions
7. Following Too Close
8. Improper Overtaking
9. Disregarded Traffic Control
10. Driver Condition
11. Left of Center
12. Exceed Speed Limit
13. Physically Disabled
14. Other

The report also analyzed Wisconsin School Bus Crashes for 2006. There were 599 school bus crashes in Wisconsin in 2006, which resulted in 3 deaths and 418 injuries. The most common reasons for Wisconsin school bus crashes due to bus drivers are as follows:

1. Failure to Yield Right-of-Way
2. Inattentive Driving
3. Failure to Control
4. Unsafe Backing
5. Improper Turn
6. Following Too Close
7. Speed Too Fast For Conditions
8. Improper Overtaking
9. Disregarded Traffic Control
10. Left of Center
11. Driver Condition
12. Exceed Speed Limit
13. Other

The full report, 2006 Wisconsin Traffic Crash Facts, can be downloaded from the Wisconsin Department of Transportation website.

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On Thursday, October 2, 2008, at about 10:40 a.m. in Grand Chute, Wisconsin, a utility truck ran into a minivan at Northland Avenue and US-41. The utility truck was hauling metal and PVC piping. Upon impact with the minivan, a piece of metal piping was launched into the passenger side of the minivan.

A two-year old girl, seated in her childseat in the minivan, was critically injured. The girl was transported to Theda Clark Medical Center in Neenah, Wisconsin, and was later transferred to Children’s Hospital in Milwaukee, Wisconsin. At last report, she remained in critical condition.

A preliminary investigation of the accident revealed that the 36 year-old driver of the utility truck was heading west as the minivan was turning east onto Wisconsin 15 from the US-41 southbound off ramp. It appears as though the driver of the van ran a stop sign, crashing into the minivan.

The Wisconsin State Patrol is currently in the process of doing an accident reconstruction of the tragic collision. The critical questions in the investigation appear to be the reasons why the driver failed to stop at the stop sign, as well as the reason why the metal piping was not properly secured in order to prevent it from being launched from the utility truck.

The majority of heavy trucks that operate within Wisconsin are subject to most of the requirements of the Federal Motor Carriers Safety Regulations, either directly or indirectly, because of the adoption of the federal regulations by Wisconsin law. If indeed the utility truck was required to comply with the Federal Motor Carriers Safety Regulations, then the truck driver would have been required to safely inspect and secure the metal and PVC piping. The shipper may also have had a responsibility to adequately secure the load.

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The Indiana State Police have traced the cause of a tragic semi-truck crash back to a tire that flew off of a semi-trailer owned by a Wisconsin trucking company. The crash occurred on September 25, 2008.

Investigators concluded that the right-side rear tandem axle separated from the trailer. One of the wheels then separated from the tandem and continued traveling into the southbound lanes. Eventually becoming airbound and striking a FedEx semi-truck, causing the FedEx truck to lose control. The FedEx semi-truck traveled through the median and into the opposite lanes of travel. Eventually, three northbound vehicles were unable to avoid striking the FedEx truck.

The crash killed two people. Vania Shields was an EMT with the Wayne Township Fire Department. She was 33 years-old. Charles Gould III, was a 28 year-old chemist who worked in the Marion County Crime Lab.

The Indiana State Police investigators worked closely with a forensic scientist and the state crime lab to determine that the tire and wheel found near the I-65 crash scene was owned by the Wisconsin trucking company Millis Transfer, Inc., of Black River Falls, Wisconsin.

Millis Transfer, originally a beer transporter, is a large Wisconsin trucking company with nearly 700 semi-trucks. Millis Transfer owns maintenance facilities in the following cities: Black River Falls, Wisconsin; Richfield, Wisconsin; Weedsport, New York; Streeter, Illinois; Cartersville, Georgia; and Trenton, Ohio. Millis Transfer also has drop yards in the following cities: Ridgeway, Virginia; Albany, Georgia; Baltimore, Maryland; Atlanta, Georgia; Milwaukee, Wisconsin; Ft. Worth, Texas; and St. Louis Missouri.

Investigators were not clear as to when the Millis Transfer trailer was last inspected, repaired or maintained. The incident remains under further investigation.

Federal law requires trucking companies to systematically inspect, repair, and maintain their equipment, pursuant to §396.3 F.M.C.S.R. Truck drivers are also required to thoroughly inspect their vehicles prior to each trip. A Truck Driver Inspection Report must be completed prior to each trip, pursuant to §396.13 F.M.C.S.R.

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Town of Schley, Lincoln County, Wisconsin - The Lincoln County Sheriff's Department is reporting that a September 23, 2008, collision involving a motorcycle and semi-truck has resulted in two fatalities.

While accident reconstructionists are working to determine the exact circumstances surrounding the collision, initial reports seem to indicate that semi-truck turned in front of the oncoming motorcycle. It appears that the truck driver may have turned in front of the oncoming motorcycle despite having his view obstructed by a turning school bus.

The motorcycle driver, twenty-two year-old Andrew Hitt of Mosinee, and his passenger, nineteen year-old Kayla L. Shafel of Bryant, were both transported from the scene to Good Samaritan Health Center in Merrill. Kayla was then flown to UW Hospital in Madison but passed away while enroute. Andrew was flown to Saint Joseph's Hospital in Marshfield, where he where he passed, according  to the Lincoln County Sheriff's Department.

If the accident reconstruction confirms the initial report, then the semi-truck driver seems to have violated all of the following Wisconsin Rules of the Road:

1. Failing to Maintain a Proper Lookout
2. Failing to See an Object in Plain Sight
3. Failing to Yield the Right of Way
4. Making an Improper Turn

The investigation may also reveal violations of the Federal Trucking Regulations on the part of the truck driver or trucking company.

Follow these links for more information about Wisconsin Truck Accidents or Wisconsin Motorcycle Accidents.

For ongoing information about the investigation of this tragic accident, visit the local news station website WSAW or the Wausau Daily Herald.

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In a report issued by the National Transportation Safety Board (NTSB) this week, driver fatigue was again identified as the primary cause of a tragic trucking accident. 

The NTSB report arose out of the investigation of the 2005 Wisconsin collision between a bus and a semi-truck. The results of the investigation showed that the Whole Foods truck driver was suffering from fatigue at the time of the collision and most likely fell asleep. The NTSB concluded that the semi-truck driver likely fell asleep, resulting in the truck jackknifing and overturning on the westbound lane of I-94 near Osseo, Wisconsin. The report concluded that the bus, carrying the Chippewa Falls High School band, did not have enough time to react and slammed into the tractor-trailer. Five people were killed and another 35 people were injured.

NTSB Acting Chairman Mark V. Rosenker stated the following:

"Human fatigue has been a persistent factor in far too many transportation accidents.  And if anything, the problem is growing not shrinking. More needs to be done to reverse the trend so fewer of these tragic accidents come before the Safety Board."

Truck driver fatigue is the single leading cause of semi-truck accidents. The NTSB has made the following recommendations:

To the Federal Motor Carrier Safety Administration:

• Develop and implement a plan to deploy technologies in commercial vehicles to reduce the occurrence of fatigue-related accidents.
• Develop and use a methodology that will continually assess the effectiveness of the fatigue management plans implemented by motor carriers, including their ability to improve sleep and alertness, mitigate performance errors, and prevent incidents and accidents.

To the National Highway Traffic Safety Administration:

• Determine whether equipping commercial vehicles with collision warning systems with active braking and electronic stability control systems will reduce commercial vehicle accidents. If these technologies are determined to be effective in reducing accidents, require their use on commercial vehicles.

The full NTSB investigative press release follows.

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In May of 2008, the American Trucking Associations (ATA) State Vice President Mike Card provided testimony to the House Subcommittee on Highways and Transit of the House Transportation and Infrastructure Committee wherein he indicated that many trucking companies are going out of business or barely surviving. According to the ATA, 935 trucking companies with at least five trucks went out of business in the first quarter of 2008, marking the highest mark since the third quarter of 2001. Mr. Card testified that the downturn in the economy and a decrease in demand for freight transportation were also contributing factors. However, he made it clear that the high price of diesel was the primary driving force behind the struggles of most trucking companies.

The skyrocketing increase in fuel prices have led many trucking experts to conclude that the number of semi-truck accidents will increase as truck drivers and trucking companies are forced to make up for the increase in operating costs.

Many attorneys specializing in representing victims of semi-truck accidents expect to see an increase in the number truck accidents due to the increase in fuel prices. These attorneys know that in order for truck drivers and trucking companies to realize the same amount of profit as prior years, they must account for the sharp increase in operating costs due to the rise in fuel prices. Truck drivers and trucking companies are left with three options: one, pass the cost down to their customers; two, make up for the increase in costs by driving more hours; or three, some combination of the first two options.

Since 1939, the federal government has limited the number of hours truck drivers can operate without rest. The current law imposes the following restrictions:

• Truck drivers can drive a maximum of 11 hours after 10 consecutive hours off duty.
• Truck drivers cannot drive beyond the 14th hour after coming on duty, following 10 consecutive hours off duty.
• Truck drivers cannot drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
• Truck drivers using a sleeper berth must take 10 hours off duty, but may split sleeper-berth time into two periods provided neither is less than 2 hours.

The federal driving hours restrictions, commonly referred to as the “hours of service” restrictions, have been enacted to help prevent tractor-trailer accidents due to fatigue. Truck drivers and trucking companies are required to maintain driving logs detailing the number of hours driven by truck drivers. The hours of service requirements are in place in an attempt to balance safety issues with the ability of truck drivers and trucking companies to earn profits. Experts fear that the increase in operating expenses due to increased fuel costs will result in additional violations of hours of service requirements, which will ultimately lead to an increase in truck accidents due to driver fatigue.

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The Federal law which applies to all interstate motor carriers, including semi-trucks and most commercial buses, requires that drivers use “extreme caution” when driving in severe weather conditions. Any Wisconsin resident can tell you that our weather conditions can change dramatically within minutes. However, dozens of Wisconsin semi-truck accidents occur each year because the drivers do not exercise extra caution when driving in our dangerous weather conditions.

Wisconsin drivers know, and the Wisconsin Motorist Handbook issued by the Wisconsin Department of Transportation requires, that when visibility is reduced due to bad weather drivers must increase their following distance. However, under the federal law, semi-truck drivers have an increased duty. The following federal law applies to all interstate truck drivers:

"Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured." 49 CFR 392.14

Despite this federal law, many Wisconsin truck accidents occur each year due to semi-truck drivers continuing to drive in severe weather conditions.

On January 6, 2008, severe fog caused a series of pileups on I-90 just east of Madison, Wisconsin. In many places along the stretch visibility was less than 100 yards. Despite the poor visibility, semi-trucks continued driving, eventually plowing into many cars, killing 2 people and injuring many more. One witness, who was driving a car, described how she greatly reduced her speed when she recognized that visibility was so poor. She witnessed one semi-truck on her left barreling through a ditch passing her, while another semi-truck on her right crowding her trying to pass. Meanwhile, behind her, there was a 20-car pileup.

In January of 2001, a severe snowstorm caused a 40 car pile-up on I-43, just north of Milwaukee outside of Port Washington, Wisconsin. In that situation, a dump truck continued driving despite the low visibility and eventually lost control, slamming into an SUV that had pulled over due to the poor visibility.

Whenever there are drivers pulled over on the side of the road due to poor weather conditions, truck drivers would be well advised to also pull over. In fact, the federal law suggests they are required to do so.

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