Losing someone you love in a truck crash is a different kind of grief. One moment your family is whole, and the next you are facing funeral arrangements, painful questions, and a trucking company that already has its own lawyers working to limit what it pays. A Green Bay fatal truck accident lawyer can carry that legal weight so you can focus on your family. 

At Brian Hodgkiss Injury Lawyers, we help Green Bay families hold trucking companies accountable after a deadly crash. Fatal crashes are the most serious of all Green Bay truck accident cases. This page explains the first steps to take, who can file a wrongful death claim in Wisconsin, how fault is decided, what evidence matters most, and how long you have to act. 

Contact us for a free, confidential consultation. You pay nothing unless we recover compensation for you. 

The First Steps to Take After a Fatal Truck Crash 

In the days after a fatal crash, the trucking company moves fast to protect itself. You do not have to match that pace alone, but a few early steps help protect your family’s rights while you grieve. 

• Request the crash report. The investigating agency prepares an official report that records the parties, citations, and the officer’s initial findings. It is a starting point for any claim. 

• Preserve the evidence. A truck’s data, driver logs, and maintenance records can disappear quickly. A lawyer can send a letter demanding the company keep this information instead of erasing it. 

• Write down witnesses. Anyone who saw the crash may help establish what happened. Names and phone numbers are often lost within hours. 

• Be careful with the insurer. The trucking company’s insurance adjuster may call early and sound sympathetic. You are not required to give a recorded statement or accept a fast, lowball offer. 

• Talk to a lawyer before signing anything. An early offer rarely reflects what a fatal claim is worth. We can review any paperwork before you agree to it. 

If handling these steps feels impossible right now, that is understandable. We can take them on for you, gather the evidence, and deal with the insurance company so your family can have room to grieve. 

Who Can File a Wrongful Death Claim in Wisconsin 

Wisconsin law determines who may bring a wrongful death claim and follows a specific order Under Wis. Stat. § 895.04, the right to file generally belongs first to the surviving spouse or domestic partner. If there is no surviving spouse, the right passes to the children, then to the parents, and then to other relatives the statute names. 

When a claim is brought on behalf of the estate, a personal representative files it. The lines can be complicated when a family includes a spouse and minor children, because part of any recovery is set aside for the children’s support. We can look at your family’s situation and explain exactly who is entitled to file. 

How to File a Wrongful Death Claim After a Semi-Truck Crash 

A wrongful death claim usually begins with an investigation, proceeds to a claim against the responsible party’s insurer, and becomes a lawsuit if the insurer refuses to offer fair compensation. Most cases settle, but preparing each one for trial is what keeps the pressure on the other side. 

Wis. Stat. § 895.04 also defines the damages a family can pursue. These often include: 

• Loss of Companionship: The law recognizes the loss of the relationship, guidance, and care your loved one provided. 

• Lost Financial Support: Families can seek the income and benefits the person would have contributed over their lifetime. 

• Funeral and Burial Expenses: The reasonable costs of laying your loved one to rest are recoverable. 

• Medical Expenses Before Death: If your loved one received care between the crash and their passing, those bills may be part of the claim. 

Wisconsin has historically placed caps on certain wrongful death damages, and those limits can change. We can walk you through what currently applies to your family so you know what to expect. 

Is the Trucking Company or the Driver Responsible? 

Fatal truck crashes rarely come down to a single person. Several parties may share responsibility, and identifying all of them is often the difference between a partial recovery and a full one.  

Depending on the facts, liability may fall on: 

• The Truck Driver: Speeding, fatigue, distraction, or impairment can make the driver directly at fault. 

• The Trucking Company: An employer can be responsible for a driver’s negligence, and for its own choices in hiring, training, and scheduling. 

• The Cargo Loader: An overloaded or poorly secured trailer can cause a rollover or a lost-load crash. 

• A Maintenance Provider: Brakes, tires, and other systems that were never properly serviced can lead to a deadly failure. 

• The Truck or Parts Manufacturer: A defective component can shift responsibility to the company that built it. 

• A Freight or Cargo Broker: A broker that hires an unsafe carrier or driver may also bear some of the blame. 

Fault matters in Wisconsin because of how the state divides it. Wisconsin’s at-fault system uses a modified comparative negligence rule under Wis. Stat. § 895.045.  

Your family can still recover as long as your loved one was not more than 50% at fault, though the recovery is reduced by their share of the blame. Insurance companies know this rule well, and they often try to shift fault onto the person who died. Building the case carefully is how we push back. 

Federal Trucking Regulations and the Evidence They Create 

Commercial trucks operate under federal rules set by the Federal Motor Carrier Safety Administration (FMCSA). When a company or driver breaks those rules, the violation can become powerful evidence of negligence.  

Key regulations cover: 

• Hours of Service: Drivers face limits on how long they can drive without rest, because fatigue is a leading cause of fatal crashes. 

• Driver Qualifications: Carriers must confirm a driver holds a valid commercial license and meets health and testing standards. 

• Vehicle Maintenance: Trucks must be inspected and kept in safe operating condition. 

• Drug and Alcohol Testing: Carriers are required to test drivers, including after a serious crash. 

Many trucks carry an electronic logging device, sometimes called a black box, that records speed, braking, and hours driven. In a fatal crash, that data can show what the truck was doing in the seconds before impact.  

Driver logs, GPS records, cell phone records, cargo manifests, and maintenance files all add to the picture. Because companies can overwrite or lose this evidence, acting quickly to demand its preservation can decide the outcome of a case. 

How Long You Have to File a Fatal Truck Accident Claim in Wisconsin 

Under Wis. Stat. § 893.54, families generally have three years from the date of death to file a wrongful death lawsuit in Wisconsin. Missing that deadline can permanently end your right to recover, so it is worth confirming your exact timeline with a lawyer as soon as possible.  

Some situations carry shorter, separate deadlines. If a government vehicle or entity may be involved, Wis. Stat. § 893.80 requires a formal notice of claim within 120 days. Beyond the deadlines, acting early protects the evidence your case depends on before it is lost or destroyed. 

Fatal Truck Crashes on Green Bay Roads and Highways 

Northeastern Wisconsin handles a high volume of commercial traffic, and some corridors experience more serious truck crashes than others. I-43 and I-41 carry constant freight through and around Green Bay, while rural routes like US-141, US-151, WI-29, and the WI-172 beltway bring their own risks. Long winters add black ice and reduced visibility, and deer season raises the odds of sudden, high-speed collisions on rural highways. 

After a deadly crash, families are often sent to area trauma centers like Bellin Hospital, HSHS St. Vincent Hospital, or Aurora BayCare Medical Center. A fatal crash can also leave other family members with catastrophic injuries, which makes the stakes even higher. As local injury lawyers in Green Bay, we know these roads, the hospitals, and the Brown County courts where these cases are handled, and that local knowledge helps us serve families here. 

Frequently Asked Questions 

Is Wisconsin a no-fault state for fatal truck accidents? 

No. Wisconsin is an at-fault state. That means your family pursues compensation from the parties responsible for the crash and their insurance, rather than relying only on your own coverage. 

How long does a family have to file a wrongful death claim in Wisconsin? 

Families generally have three years from the date of death under Wis. Stat. § 893.54. Shorter deadlines can apply, such as a 120-day notice requirement when a government entity is involved. Speaking with a lawyer early helps confirm the deadline that applies to you. 

Who can recover compensation after a fatal truck accident? 

Wisconsin law establishes an order of priority for who may file under Wis. Stat. § 895.04. The right belongs first to a surviving spouse or domestic partner, then to children, then to parents, and then to the estate. A lawyer can confirm where your family fits. 

What damages can a family pursue in a wrongful death case? 

Families can pursue loss of society and companionship, lost financial support, funeral and burial costs, and medical expenses incurred before death. Wisconsin places caps on some of these categories, and the current limits can affect what your claim is worth. 

What if my loved one was partly at fault for the crash? 

Your family may still recover as long as your loved one was not more than 50% at fault, under Wis. Stat. § 895.045. The recovery is reduced by their percentage of responsibility, which is one reason the other side often tries to shift blame. 

What evidence helps prove a fatal truck accident claim? 

Black box data, driver logs, maintenance records, cargo manifests, the crash report, and scene photos all help establish what happened. Because this evidence can be lost quickly, a preservation letter to the trucking company is often an early priority. 

What questions should I ask during a fatal truck accident consultation? 

Ask about the firm’s experience with fatal and wrongful death truck cases, who will handle your case day to day, how attorney fees work, and what evidence needs to be preserved right away. A good consultation should leave you clearer on your options and your deadline. 

How much does it cost to hire Brian Hodgkiss Injury Lawyers? 

Nothing upfront. We handle fatal truck accident cases under our No Fee Guarantee®, which means you pay no attorney fees unless we recover compensation for your family. Your consultation is always free. 

Talk to a Green Bay Truck Accident Lawyer When You Are Ready 

No settlement can undo the loss of someone you love. What it can do is ease the financial burden, answer the questions the trucking company would rather avoid, and hold the responsible parties accountable. When your family is ready, we are here to listen and explain how we can help. 

Bank on Brian. Contact the Green Bay truck accident lawyers at Brian Hodgkiss Injury Lawyers to schedule a free consultation. You pay nothing unless we recover compensation for you.