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

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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