Truck driver fatigue trucking company liability in Wisconsin cases often focus on more than the fatigued driver’s choice to keep driving. Motor carriers might be held accountable when their scheduling, delivery expectations, oversight, or breaches of federal safety rules create circumstances leading to an accident.
These factors can be especially important when poor conditions around La Crosse caused or allowed a crash on I-90, US-53, US-14, or rural roads between La Crosse and Onalaska, Holmen, Sparta, West Salem, or other communities in western Wisconsin.
About Craig Steger
Attorney Craig Steger has represented injured drivers, truck drivers, farmers, and families for more than two decades. Craig is an attorney licensed in Wisconsin, Minnesota, and Iowa. He understands serious injury and wrongful death cases involving trucks and heavy equipment, including Farm Accident and Car Accident cases.
Craig also holds a Class A Commercial Driver’s License with air brake and manual transmission endorsements. His years driving trucks have given him an insider’s understanding of driving hour rules, vehicle specifics, country roads, weather patterns, and the pressures many professional drivers endure.
The Severity of Truck Driver Fatigue
Truck driver fatigue is more than just being tired. Fatigue can impact reaction time and decrease a driver’s ability to recognize changing traffic conditions. The FMCSA’s Large Truck Crash Causation Study found that 13% of the commercial truck drivers studied were coded as fatigued at the time of the crash. That research also associated fatigue with approximately 18,000 trucks involved in serious crashes.
Wisconsin sees thousands of commercial vehicle accidents every year as well. The Wisconsin Department of Transportation released its 2024 Wisconsin Traffic Crash Facts report, which shows that CMVs were involved in 6,825 crashes in Wisconsin in 2024. This ended up injuring 1,480 people and killing 66 people.
Fatigue can be especially dangerous on rural interstate highways where drivers may spend long stretches driving at relatively consistent speeds. Commercial traffic on I-90 or US-53 near La Crosse also frequently deals with construction, winter weather conditions, congestion around interchanges, and vehicles entering or leaving traffic near city limits.
Federal Hours-of-Service Rules for Commercial Truck Drivers
Federal truck accident laws mandate hours-of-service limits to help prevent fatigue-related collisions. Hours-of-service rules, found at 49 C. F.R. § 395.3, limit most property-carrying drivers to 11 hours of driving after 10 consecutive hours off duty. These drivers generally cannot drive after the 14th consecutive hour after coming on duty.
Those drivers must also take at least a 30-minute break after eight cumulative hours of driving without a sufficient interruption. Other federal regulations impose limits of 60 or 70 hours over seven- or eight-day periods, depending on the carrier.
Those limits apply to trucking companies as well as their drivers. Trucking companies cannot allow or require drivers to go beyond federal hours-of-service limits. Accordingly, an attorney may investigate if dispatch practices or scheduling pressures encouraged drivers to violate hours limits.
Trucking Company Scheduling and Fatigue Crashes
Hours-of-service compliance may not tell the full story of a fatigue-related collision. Drivers can remain within driving limits while too fatigued to safely operate a truck. Contributing factors to fatigue include:
- Overnight driving
- Inconsistent schedules
- Poor sleep between shifts
- Lengthy periods of work not related to driving
- Changing sleep schedules
Recording a driver’s scheduled hours may not always capture fatigue’s causes. An attorney may look into whether dispatchers required overnight travel, drivers’ previous complaints about being tired, or if delivery requirements made it difficult to rest adequately.
Federal trucking laws prohibit companies from coercing drivers to break certain safety rules. The FMCSA’s rule against coercion also applies to trucking companies, cargo loaders, those receiving shipments, and others who might pressure a driver into breaking federal safety regulations. Evidence explaining how a trucking company responded if a driver complained about scheduling pressures or fatigue can show if the company’s conduct contributed to a crash.
When a Trucking Company Can Be Legally Responsible for Driver Fatigue
One fatigued driver may decide to keep driving when it is no longer safe to do so. Truck driver liability does not necessarily relieve responsible third parties from liability.
Documentation might reveal if the driver’s employer, the dispatching entity, the maintenance provider, or those making operational decisions contributed to the crash. Some types of evidence supporting trucking company liability include:
- Dispatch records showing unreasonable delivery expectations or pressure to drive when tired
- Electronic logging device records showing hours-of-service violations
- Communications between drivers, dispatch, or supervisors about deadlines or remaining driving hours
- Fuel, payroll, GPS, toll, shipping records inconsistent with driver’s logged hours
FMCSA’s crash study showed that 3.2% of the truck drivers involved in their study were coded as pressured to continue driving even though fatigued. While lower than the total number of fatigue-related crashes, that issue can highlight how a truck driver’s fatigue may stem from a trucking company’s decisions.
Negligent hiring, training, supervision, or retention claims may also arise against trucking companies if the facts support those allegations.
Wisconsin Negligence Rules Apply After a Fatigue Crash
Wisconsin uses a modified comparative negligence rule under Wisconsin Statute § 895.045. Essentially, an injured person can recover so long as their negligence was not greater than the person from whom they seek recovery. That recovery is reduced by their percentage of negligence.
Multiple parties can be at fault following a crash involving a commercial truck. Truck drivers, trucking companies, injured motorists, and other persons could all bear some responsibility for a crash. Figuring out exactly what happened may require evaluating physical crash evidence against a trucking company’s documents and electronic data. These cases may also involve an Injured Truck Driver or an Underride Accident.
One complication with trucks near La Crosse is jurisdiction and venue. La Crosse County Circuit Court, located at Law Enforcement Center, 333 Vine Street, La Crosse, WI 54601-3296, may handle personal injury claims, depending on who was involved and where the crash took place.
Proving Truck Driver Fatigue Contributed to the Crash
Drivers who fall asleep or are too tired to react cannot always leave physical evidence behind. Instead, attorneys look at how a driver spent their time before a crash. Electronic logging devices show when a driver was driving and on-duty. GPS or telematics data can provide information about when and where a truck traveled.
Receipts, bills of lading, inspection documents, phone records, dispatch instructions, and even surveillance footage could provide additional clues. Reviewing that evidence alongside the driver’s hours could reveal inconsistencies between the driver’s actual activities and what they reported.
Hire a Top Rated Truck Accident Lawyer After a Fatigue-Related Crash
Injured people should consider contacting a truck accident lawyer about potentially holding a trucking company liable for a fatigued driver’s conduct.
For those impacted by a trucking accident in Wisconsin, a dedicated attorney can secure electronic logging and telematics data, obtain dispatch and hiring documents, assess them for non-compliance with federal hours regulations, investigate the trucking firm’s scheduling methods, and identify other potentially liable parties and their insurers. Hire a truck accident lawyer as soon as possible.
That investigation can help if a trucking company claims their driver was solely responsible for a crash. Previous hours-of-service violations, ignored driver fatigue complaints, or pressure from dispatch, alongside safety records, can all point to trucking company liability. A Wisconsin truck accident attorney can also document a person’s past and future medical expenses, income losses, or other quantifiable losses.
FAQs
Can a Truck Driver Be Fatigued Even After Taking the Required Rest Period?
Yes, a truck driver can be fatigued even after taking the required rest period. Simply meeting federal rest requirements does not necessarily mean that a driver had an opportunity to become adequately rested. Conditions such as sleep disorders and poor sleep, illness, medication, erratic schedules, and overnight driving can impact fatigue levels.
What Happens if a Truck Driver Falls Asleep Behind the Wheel?
A truck driver falling asleep at the wheel can help establish that the driver was not safely operating the commercial vehicle. However, determining why the driver was fatigued is still necessary. Responsibility can potentially lie with more than the driver depending on what the evidence may show.
How Long Do I Have to File a Truck Accident Claim in Wisconsin?
The deadline to file can vary depending on the circumstances and who is found to be at fault. Wisconsin law states that an action for damages as a result of personal injury must generally be filed within three years. There can be different deadlines or notice requirements that apply to certain situations, so it is important to confirm the correct filing period based on the details of the accident.
What Damages May Be Available After a Serious Wisconsin Truck Accident?
After a serious Wisconsin truck accident, a number of damages may be available. An injured victim may be able to recover compensation for expenses such as medical bills, lost income, decreased earning capacity, and pain and suffering. Some injuries from serious truck accidents can result in future medical expenses and rehabilitation costs. Wisconsin law provides a separate cause of action for wrongful death damages if someone dies in a collision.
Contact Craig Steger
If you were injured in a truck accident, Craig Steger can help you seek compensation for your damages. Contact us today for more information.
