What Is the Impact of Traffic Violations on Truck Accident Claims?

Truck accidents can lead to catastrophic injuries or fatalities, given the size and weight disparity between commercial trucks and passenger vehicles. While many factors contribute to these collisions, traffic violations committed by truck drivers or third parties are usually central to determining liability and recovering compensation for the injured victims and their families.

Traffic Violations as Evidence of Negligence

In personal injury claims, Wisconsin law requires that the injured party prove negligence by showing that the defendant owed a duty of care, breached that duty, and caused damages as a result.

A traffic violation, such as speeding, illegal lane changes, running a red light, or driving under the influence, can serve as prima facie evidence of negligence, known as negligence per se. This doctrine applies when:

• The defendant violated a statute designed to protect the public (e.g., Wisconsin Statutes §§ 346.57–346.89).
• The plaintiff is among the class of persons the statute is designed to protect.
• The violation caused the injury.

Example: A truck driver who runs a stop sign and causes a T-bone collision has violated §346.46 (Stopping Requirements). If that violation is documented in a police report or cited by law enforcement, it strengthens the plaintiff’s argument that the driver was legally negligent.

Impact on Liability Apportionment in the Case of Shared Fault

Wisconsin follows a modified comparative negligence rule (Wis. Stat. § 895.045), which reduces a plaintiff’s damages by their percentage of fault. If the plaintiff is more than 50% at fault, they recover nothing.

In truck accident cases where both parties committed traffic violations, liability must be apportioned. For instance:

• A truck driver is cited for following too closely.
• The car driver is cited for failing to yield at a left-hand turn.

Both violations are relevant. Even if the truck driver’s vehicle caused the greater physical damage, the plaintiff’s recovery can be significantly reduced or barred if their traffic infraction contributed 51% or more to the accident.

This makes thorough accident reconstruction, driver log review, dashcam analysis, and expert testimony essential in evaluating and challenging fault percentages.

Commercial Driver Violations vs. Private Driver Violations: Not Treated Equally

Federal and state laws hold commercial drivers to a higher standard of care than non-commercial drivers. Under the Federal Motor Carrier Safety Regulations (FMCSR), truck drivers are subject to specific rules that govern:

• Hours of service (49 CFR Part 395)
• Drug and alcohol testing (49 CFR Part 382)
• Driving conduct (49 CFR Part 392)
• Maintenance and inspection protocols (49 CFR Part 396)

A traffic violation that seems minor (such as improper lane usage or failure to signal) can be grounds for serious penalties for a truck driver holding a Commercial Driver’s License, especially if the violation breaches FMCSR standards.

This heightened duty means a violation by a truck driver may carry greater weight in civil court when assessing negligence. It may also open the door to vicarious liability against the trucking company or even direct liability for negligent hiring, supervision, or retention if the driver had a known history of violations.

Violation History as a Pattern of Negligence: The Role of Discovery

One often-overlooked strategy in truck accident litigation in Milwaukee is leveraging the driver’s and employer’s violation history. Under Wisconsin discovery rules, an attorney can subpoena:

• The truck driver’s driving record from the Wisconsin Department of Transportation (WisDOT).
• Internal safety logs and compliance audits from the trucking company.
• Federal Motor Carrier Safety Administration (FMCSA) data (such as from the Safety Measurement System or SMS).
• Prior incident reports, complaints, or citations.

When a pattern of traffic violations emerges, such as repeated logbook falsifications, speeding citations, or prior crashes, it supports claims of reckless conduct and may justify punitive damages under Wis. Stat. § 895.043.

This can drastically increase the value of a case and alter how the insurance company approaches settlement negotiations.

Impact of Violations on Insurance Negotiations and Coverage

Traffic violations can influence the stance an insurer takes during negotiations in several key ways:

• Clear-Cut Liability: When a truck driver is cited and the citation is upheld, the insurer is more likely to accept liability quickly and move toward settlement, especially in serious injury or wrongful death claims.
• Reservation of Rights: If violations point to intentional misconduct (e.g., DUI or road rage), the insurer may issue a reservation of rights or even deny coverage depending on the policy language.
• Stacking Policies: Some traffic violations can trigger the ability to pursue multiple layers of insurance—for example, if a trucking company’s safety violations trigger excess or umbrella coverage due to gross negligence or failure to supervise.

Truck accident lawyers who are experienced in handling insurance structures can use traffic violations as leverage to maximize policy recovery.

Employer Liability and Federal Compliance

In truck accident cases, a traffic violation by a truck driver may lead to scrutiny of the employer. Under the legal doctrine of respondeat superior, employers are liable for employee actions done within the scope of employment.

But a more powerful route is proving independent negligence by the employer, such as:

• Hiring a driver with a suspended CDL or a past DUI
• Ignoring internal reports of traffic violations
• Failing to maintain vehicles that contributed to the violation (e.g., faulty brakes leading to speeding)

In these cases, the employer may be jointly and severally liable, opening the door to larger settlements or verdicts.

Tactical Considerations in Litigating Violation-Based Claims

Winning a truck accident case involving traffic violations requires not just legal knowledge, but tactical expertise:

• Timeline Reconstruction: Use electronic logging devices (ELDs), dashcam footage, and GPS data to establish the exact timing of violations.
• Expert Witnesses: Retain accident reconstructionists and FMCSA compliance experts to explain how a seemingly minor violation directly caused the collision.
• Jury Presentation: Jurors in Milwaukee are more likely to award significant damages when the defendant’s conduct is framed as dangerous or willful rather than just “a mistake.”

Get High-Powered Legal Representation from Our Truck Accident Lawyers in Milwaukee

If you or someone you love has suffered injuries in a truck accident, our top-rated legal team for truck accidents at Gingras, Thomsen & Wachs is ready to represent you. Our truck accident lawyers have the skills, experience, and resources to take on large insurance carriers and powerful trucking companies. We will leave no stone unturned to recover the highest possible compensation for you.

Call us at 855-954-1186 or contact us online to schedule a free consultation today.