Who is at Fault When a Commercial Truck Makes a Wide Right Turn and Crushes a Vehicle in Wisconsin?

Navigating the tight city streets of Milwaukee or Madison alongside a massive 18-wheeler is inherently dangerous. One of the most common and terrifying types of commercial vehicle accidents is the 'squeeze play.' This occurs when a large semi-truck swings wide into the left lane to execute a sharp right turn, creating a false gap. A passenger vehicle pulls into that right-side gap, and when the truck completes the turn, the smaller car is crushed between the trailer and the curb.

Insurance companies for trucking firms aggressively defend these cases, almost always blaming the victim for 'sneaking into the truck's blind spot.' To combat these powerful corporate defense tactics and prove your innocence, it is crucial to use our Lawyers Directory to find an experienced Wisconsin personal injury attorney who specializes in commercial truck collision reconstruction.

The Mechanics of a Wide Right Turn Collision

Due to the massive length of a 53-foot trailer, a truck driver physically cannot make a sharp 90-degree right turn from the far-right curb without driving over the sidewalk, knocking down traffic lights, or hitting pedestrians. To compensate, they employ a maneuver known as the 'jug handle' turn, swinging the cab out to the left before cutting hard to the right. The danger arises when the driver fails to block the right lane or fails to check their mirrors before initiating the rightward cut, acting as a giant closing door on any vehicle trapped on the inside.

Determining Right-of-Way at Wisconsin Intersections

Wisconsin law places a heavy burden on the turning vehicle. Under Wis. Stat. § 346.31, both the approach for a right turn and the turn itself must be made as closely as practicable to the right-hand edge or curb of the roadway. When a truck driver intentionally swings into a left lane to execute a right turn, they are technically deviating from their designated traffic lane. Wisconsin courts have routinely held that a driver changing lanes or deviating from their course must do so only when it is reasonably safe, making the truck driver liable if they cut off a vehicle that has established itself in the right lane.

Investigating Lack of Spotters or Flashing Signals

When executing dangerous maneuvers on crowded streets, commercial carriers must adhere to high standards of care. A diligent attorney will investigate whether the trucking company failed to equip the trailer with functioning side-mounted turn signals or audible warning alarms. In some complex urban delivery scenarios, trucking companies are required to use a 'spotter' (a second worker outside the truck guiding the driver). Failure to utilize these safety measures can be presented to a jury at the Kenosha County Circuit Court, Kenosha as clear evidence of negligence.

When the Passenger Vehicle is Blamed for Being in the Blind Spot

The immediate defense from the trucking company will be that you were driving in their 'No-Zone' (the massive blind spots directly behind, in front of, and on both sides of a commercial truck). They will argue that the driver could not see you. However, a blind spot is not a legal excuse for causing a crash. Truck drivers are trained professionals who are required to visually clear their path and check their specialized convex mirrors constantly. Case law, such as the principles outlined in Burlison v. Janssen, 30 Wis. 2d 495 (WI Supreme Court 1966), reinforces that a driver executing a turn has a strict duty of lookout and must yield the right of way to vehicles legally occupying a lane.

Combatting the Defense: "They Ignored Our Turn Signal"

The defense's most common argument is that the truck had its right turn signal on, and you, the victim, foolishly tried to pass them on the right anyway. To defeat this, your attorney will pull the truck's black box (ECM data) and seek out dashcam footage or security camera video from nearby businesses. Often, this evidence proves that the truck driver either turned the signal on too late, left the left turn signal on by mistake while swinging out, or created a gap so large that any reasonable driver would assume the truck was changing lanes to the left, not turning right.

How Comparative Negligence Affects Your Payout

In 'squeeze play' accidents, insurance adjusters frequently attempt to assign partial blame to the car driver. Under Wisconsin's modified comparative negligence law (Wis. Stat. § 895.045), your total financial award will be reduced by your percentage of fault. If a jury at the Racine County Circuit Court, Racine finds your damages are $100,000, but determines you were 20% at fault for failing to notice the truck's signal, you will only receive $80,000. If you are found to be 51% or more at fault, you get nothing. This is why having an aggressive lawyer to fight back against unfair blame is absolutely vital to your financial recovery.

Frequently Asked Questions (FAQ)