Wisconsin Truck Accident Law : Trucking Injury Lawyer & Attorney for Lawsuits in Milwaukee, Madison, Kenosha, La Crosse WI

I-94 West four miles south of Eau Claire, Wisconsin, was the scene of a tragic semi-truck fire Saturday afternoon, April 9, 2011. The Wisconsin State Patrol indicated that one tractor-trailer was pulled over on the side of the road when another semi-truck traveling westbound crashed into the semi that was pulled over.

Initial investigations did not disclose whether the truck that had been pulled over had set out the proper warnings. The Federal Motor Carriers Safety Regulations require stopped semi-trucks to post proper warnings as soon as possible, specifically 49 CFR §392.22 mandates the use of vehicular hazard warning signal flashers, fuses and liquid-burning flares. The rule is very specific regarding the placement of warning devices, which provides the following:

(b) Placement of warning devices--

 (b)(1) General rule. Except as provided in paragraph (b)(2) of this section, whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by Sec. 393.95 of this subchapter, in the following manner:

(b)(1)(i) One on the traffic side of and 4 paces (approximately 3 meters or 10 feet) from the stopped commercial motor vehicle in the direction of approaching traffic;

(b)(1)(ii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction of approaching traffic; and

(b)(1)(iii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction away from approaching traffic.

(b)(2) Special rules--(i) Fusees and liquid-burning flares. The driver of a commercial motor vehicle equipped with only fusees or liquid- burning flares shall place a lighted fusee or liquid-burning flare at each of the locations specified in paragraph (b)(1) of this section. There shall be at least one lighted fusee or liquid-burning flare at each of the prescribed locations, as long as the commercial motor vehicle is stopped. Before the stopped commercial motor vehicle is moved, the driver shall extinguish and remove each fusee or liquid- burning flare.

(b)(2)(ii) Daylight hours. Except as provided in paragraph (b)(2)(iii) of this section, during the period lighted lamps are not required, three bidirectional reflective triangles, or three lighted fusees or liquid- burning flares shall be placed as specified in paragraph (b)(1) of this section within a time of 10 minutes. In the event the driver elects to use only fusees or liquid-burning flares in lieu of bidirectional reflective triangles or red flags, the driver must ensure that at least one fusee or liquid-burning flare remains lighted at each of the prescribed locations as long as the commercial motor vehicle is stopped or parked.

(b)(2)(iii) Business or residential districts. The placement of warning devices is not required within the business or residential district of a municipality, except during the time lighted lamps are required and when street or highway lighting is insufficient to make a commercial motor vehicle clearly discernible at a distance of 500 feet to persons on the highway.

(b)(2)(iv) Hills, curves, and obstructions. If a commercial motor vehicle is stopped within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall place the warning signal required by paragraph (b)(1) of this section in the direction of the obstruction to view a distance of 100 feet to 500 feet from the stopped commercial motor vehicle so as to afford ample warning to other users of the highway.

(b)(2)(v) Divided or one-way roads. If a commercial motor vehicle is stopped upon the traveled portion or the shoulder of [[Page 897]] a divided or one-way highway, the driver shall place the warning devices required by paragraph (b)(1) of this section, one warning device at a distance of 200 feet and one warning device at a distance of 100 feet in a direction toward approaching traffic in the center of the lane or shoulder occupied by the commercial motor vehicle. He/she shall place one warning device at the traffic side of the commercial motor vehicle within 10 feet of the rear of the commercial motor vehicle.

(b)(2)(vi) Leaking, flammable material. If gasoline or any other flammable liquid, or combustible liquid or gas seeps or leaks from a fuel container or a commercial motor vehicle stopped upon a highway, no emergency warning signal producing a flame shall be lighted or placed except at such a distance from any such liquid or gas as will assure the prevention of a fire or explosion.

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A tragic semi-truck vs. bus accident resulted in the death of one person and the injury of several others. Authorities investigating the crash concluded that the Schneider National tractor trailer failed to yield the right of way to a Riteway tour bus at the intersection of Highway 33 and Highway P in the town of Herman. The crash occurred Saturday night, March 12, 2011, at about 7:00 p.m.

The Schneider National semi-truck T-boned the Riteway tour bus at the intersection, causing the bus to roll over. The Schneider National truck was being operated by Kellie Bridges, 30, of Norcross, Georgia. There was also a passenger in the truck, Shomari Jackson, 30, of Atlanta, Georgia. Schneider National has not disclosed why there was a passenger in the semi-truck, as most companies forbid passengers from riding in their trucks, except under very limited circumstances.

Our condolences go out to the victims of this avoidable tragedy.

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I have become increasingly frustrated over the years by the quality of legal representation provided to Wisconsin truck accident victims. I am often contacted by potential clients requesting that I take over their cases after they had been represented by months or years by attorneys at the large TV-advertising law firms.

Feeling sympathetic, I reluctantly agree to review their file. The first thing I look for is the spoliation letter. As any experienced truck accident lawyer knows, the spoliation letter is perhaps the most important step in representing any truck crash victim. In my office, I insist that a spoliation letter be sent out the same day I am retained. This is not discretionary it is mandatory. The spoliation letter is sent certified to the the trucking company AND the truck driver. The spoliation letter puts the company and driver on notice of the claim and directs them not to destroy the essential evidence that I need to prove my client's case. The spoliation letter also directs the company and driver that if they decide to destroy this critical evidence, then the Court will likely instruct the jury that this evidence would have been favorable to the injury victim. My spoliation letters are very specific as to the exact evidence that must be retained. My spoliation letters vary depending on the facts of the crash. Only an experienced truck accident attorney has the knowledge to draft an appropriate spoliation letter tailored to the facts of the crash.

All too often, in the first five minutes of reviewing the file, I find that the potential client's former attorney failed to send out the spoliation letter. Under federal regulations, trucking companies are required to maintain the majority of this critical evidence for  months. Oftentimes, the trucking companies will intentionally destroy this evidence after 6 months, even though they are know of the crash and the possibility of a future lawsuit. Trucking companies that destroy this critical evidence are guilty of spoliation of evidence and can be found in default or the Court can instruct the jury that they are to infer the missing evidence would have been favorable to the injured person. While this inference is helpful, one can only imagine how helpful the intentionally destroyed evidence would have been to the plaintiff's case.

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It was a tragic scene on Highway 41 today in Washington County as two separate tractor-trailer crashes resulted in the deaths of two Fond du Lac men and serious injuries to several other people.

Shortly after 9:00 a.m. this morning, the first multi-vehicle crash occurred just north of the Highway 33 in the southbound travel lanes of Highway 41. This collision resulted in the overturning of a semi-truck and damage to multiple other vehicles. In the aftermath and cleanup of this crash, traffic was backed up for 4 to 5 miles. Unfortunately, about an hour after the first crash, a tanker truck traveling southbound on Highway 41 approached the backed up traffic at a high rate of speed, crashing into several other vehicles, killing two, injuring several others, then crossing the median and coming to rest in the northbound travel lanes of Highway 41.

Crashes like this are always avoidable, regardless of weather conditions. Truck drivers are professional drivers and ideally they should be trained to avoid senseless accidents. There must be accountability for this crash, which includes a detailed criminal and civil investigation to get to the bottom of the real cause of the collisions. While the Washington County Sheriff's Department and the State Highway Patrol are currently investigating the crashes and they are in the process of conducting an accident reconstruction, oftentimes the real truth only comes out during the discovery phase of a civil case. It is during this phase that the experienced truck accident attorneys are able to obtain ALL of the necessary trucking company records and take depositions of all of the individuals within the trucking companies. According to US Department of Highway Traffic and Safety Administration records regarding the tanker truck company, P.F.A. Systems, Inc., they have an abysmal safety record, including many fines for speeding, fatigued drivers, and other moving and FMCSR violations. This information leads one to suspect that this accident may have been inevitable, considering P.F.A. Systems, Inc. lack of adequate safety precautions.

Our thoughts go out to the families of the deceased and the survivors of the crash and their families. No human being should be subjected to this type of avoidable tragedy.

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On November 8, 2010, 55 year-old Susan Luczkowiak was struck and killed by a dump truck while crossing an intersection at 20th Street and West Layton in Milwaukee. While Ms. Luczkowiak was crossing against the light, the blood test for the driver of the dump truck showed that he had unmetabolized marijuana in his blood, meaning he had smoked pot within hours of the crash.

Following the crash, authorities had reportedly questioned the dump truck driver, 38 year-old Stennen Jackson of Milwaukee, about marijuana use. While Jackson admitted smoking marijuana a week prior to the crash at a Halloween party and possibly two days before the crash, he apparently denied smoking marijuana on the day of the accident.

Authorities have not released the details of the accident reconstruction which will may be able to establish the speed of the dump truck and whether the marijuana in Jackson's system contributed to his failure to avoid striking Luczkowiak as she crossed the street.

Jackson has been charged with Homicide by Use of a Motor Vehicle While Under the Influence of Marijuana. If convicted he could face up to 25 years in prison and a fine of $25,000. The District Attorney's office has not indicated whether they will pursue charges against the company that owned the dump truck. Many questions remain, such as how the company could have allowed one of their drivers to operate one of their dump trucks while impaired. It will be critical that the company show they utilized proper random drug testing and trained their drivers on the dangers of operating heavy trucks while impaired. As a professional driver, Jackson should not have had any drugs or alcohol in his system while operating a commercial vehicle.

Our sympathies go out to the Luczkowiak family and her loved ones for this tragic accident.

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If you have been injured due to the negligence of a truck driver or trucking company, call an experienced Wisconsin Truck Accident Attorney.

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The most dangerous interstate truck and bus companies will have to install and maintain Electronic On-Board Recorders. The rule issued by the Federal Motor Carriers Safety Administration was passed several months ago, but takes effect on June 4, 2010. Now the most egregious of hours of service violators will be required to record their drivers' hours of service.

If, during a compliance review, the Federal Motor Carriers Safety Administration finds that a motor carrier has a 10 percent or more violation rate for any of the hours of service regulations, that carrier will have to install the Electronic On-Board Recorders in their entire fleet of semi-trucks or buses. The Electronic On-Board Recorders must remain in place, in working order, for at least two years.

The Federal Motor Carriers Safety Administration has predicted that the rule will result in the installation of Electronic On-Board Recorders in approximately 5,700 trucks over the next two years.

In addition to the carriers that a required to install the Electronic On-Board Recorders, many carriers are expected to voluntarily install such devices. It is obviously the hope of the Federal Motor Carriers Safety Administration that the utilization of Electronic On-Board Recorders will reduce truck accidents throughout the United States.

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A Wisconsin truck driver was injured Thursday morning on Highway 151 near Fond du Lac when the cattle truck he was hauling tipped over. The truck driver, 55 year-old Patrick T. DeGeneffe, of Chilton, Wisconsin, sustained serious injuries after being trapped in his cab after his tractor trailer overturned. DeGeneffe had to take Flight for Life from the scene to Theda Clark Medical Center in Neenah. DeGeneffe was hauling 11 cows and 2 steers. Many of the animals were also injured.

According to the Wisconsin State Patrol, the cattle truck, was traveling southbound on the bypass near the Fond du Lac County T intersection, when it was forced to swerve to avoid a gray SUV that had pulled out in front of him from Fourth Street. The SUV turned from Fourth Street to proceed south on the bypass. This forced DeGeneffe to take evasive action, resulting in his truck going into the northbound lanes and then back to the west, turning onto its left side and skidding to a stop in the median.

It is not clear whether anyone else witnessed the gray vehicle cause the accident. In order for DeGeneffe to be allowed to pursue an Uninsured Motorist claim for his injuries, the new Wisconsin law regarding Uninsured Motorist claims requires that the accident be witnessed an an "Independent Third Party."

Authorities are still searching for the gray SUV. Anyone with information about the SUV or the accident in general are urged to contact the Wisconsin State Patrol at (920) 929-3700. Hopefully, someone will come forward with additional information about the accident.

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In what must be a shock to the truck crash victims’ families, the Outagamie County District Attorney’s office has decided not to file charges against the truck driver that killed two people and injured several others. The Outagamie County D.A.’s office claims that there was not enough evidence to prove charges of homicide by negligent operation of a vehicle, because there was no evidence that the truck driver, Michael Kaiser, knew that his conduct created a substantial and unreasonable risk of death.

The semi-truck crash involved a 7 car pileup on Highway 41 in Outagamie County ten months ago. Investigators for the Wisconsin State Patrol downloaded data from the semi-truck’s Electronic Control Module (ECM-similar to a black box in a plane), which revealed that the semi-truck had the cruise control set at 64 miles per hour as the truck entered a construction zone with slowing traffic. The investigation report goes on to state the following:

In completing this reconstruction, no vehicle, highway, or environmental factors were identified as being contributory to this incident. Rather, the proximate cause of the collision is cited as the Freightliner operator’s lack of attention to the operation of his vehicle and to the approaching stop condition. It is believed that vehicles slowing near the Holland road overpass would have been visible. Furthermore, although the author did not identify any highway factors as being contributory to the incident, the presence of the “Road Work Ahead” and construction barrels should have raised the driver’s awareness level to the possibility of changing traffic conditions. Given the truck’s configuration and compliance with federal standards, it is believed that the driver could have stopped the vehicle in order to avoid the collision.

In contrast, Powertrain Control Module (PCM) data from one of the involved vehicles shows it slowing from approximately 24 miles per hour for over 20 seconds before it was struck. In the area of the collision, orange construction barrels lined the roadway, and the Freightliner had passed official signs indicating ‘Road Work Ahead.’” See the image below:

Truck drivers are trained to know that such conduct can create a substantial and unreasonable risk of death. If Michael Kaiser did not know this, then he should have known this. The Wisconsin CDL Manual, which Kaiser was required to comply with, states the following:

Slow down and be very careful if you see any of the following road hazards:

Work zones. When people are working on the road, it is a hazard. There may be narrower lanes, sharp turns or uneven surfaces. Other drivers are often distracted and drive unsafely. Workers and construction vehicles may get in the way. Drive slowly and carefully near work zones. Use your 4-way flashers or brake lights to warn drivers behind you.

What is especially appalling and upsetting to the victims’ families is that the semi-truck driver, Michael Kaiser, refused to cooperate with the investigation. In the statement he did provide authorities, he estimated his speed at 50 mph as he approached the slowing traffic. This statement directly contradicts the ECM data showing his cruise set at 64 mph.

Hopefully, Kaiser and his employer will be held accountable civilly for this easily avoidable crash

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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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