When a Loved One Dies in an Accident: How One Husband Found Justice Against the State of Wisconsin

When a loved one dies in an accident, the grief is immediate and overwhelming. But for many families, a painful question soon follows: was this preventable — and is someone responsible? For Mike H. of Western Wisconsin, the answer to both questions was “yes.” What followed was one of the most complex —and ultimately historic — personal injury cases in firm history.

Construction Negligence that Caused a Fatal Accident

In the early morning hours in March 2024, Mike’s wife, Billie, was driving eastbound on one of the bridges which crosses the Black River between Trempealeau and La Crosse Counties. A Wisconsin Department of Transportation drilling crew had been conducting a subsurface investigation on the bridge — drilling into the riverbed to prepare for eventual bridge reconstruction. Their equipment occupied the entire eastbound lane. However, in the early hours when Billie was traveling to work, the drill rig was unmarked and essentially invisible. The drilling crew had marked the lane with small, non-reflective 29-inch traffic cones that were not visible for drivers. No barriers. No drums. No flaggers. Nothing reflective was installed to mark the drill.

Billie never saw the accident coming. The drilling rig’s extended arms were at precisely the height of a driver’s seat. She died on impact with the rig.

Dash cam footage obtained during the investigation showed that approaching the scene in complete darkness, the hazard was invisible until a split second before impact.

What Happens When the State Is Responsible for a Fatal Accident?

When a loved one dies in an accident caused by a government employee, families face a legal landscape that is stacked against them. In Wisconsin, state actors are largely immune from lawsuits. You cannot simply sue the DOT. Instead, Wisconsin Statute § 893.80 requires that you identify the specific state employees responsible, determine exactly what they did wrong, and send a formal notice to the Wisconsin Attorney General which meets statutory requirements — all within 120 days of the incident.

Miss that window, and your right to pursue justice may be gone entirely.

BGR partner and attorney Cristina Kerr was one of several attorneys that Mike spoke with after his wife’s accident. Ultimately, Mike trusted Cristina with pursuing justice for Billie. Cristina took the case knowing none of those answers yet. She immediately began filing extensive open records requests to the DOT and both counties, petitioned the court for rare pre-suit depositions to gather testimony before a lawsuit could even be filed, and methodically built a list of responsible parties — eventually naming more than twenty state employees in the notice to the Wisconsin Attorney General.

Building a Wrongful Case in Wisconsin

The legal theory hinged on what is known as a ministerial duty — the principle that when a government employee violates a specific, written rule that leaves no room for discretion, immunity does not protect them. The Federal Manual on Uniform Traffic Control Devices (MUTCD), adopted by Wisconsin, is explicit: for a multi-day lane closure on a highway overnight, crews must use reflective barrels and drums — not cones.

Cristina also filed a federal civil rights claim under Section 1983 the federal statutes, arguing that the drilling crew’s conscious decision to place non-compliant equipment on a dark highway overnight — equipment they knew was not reflective — was so reckless it violated Billie’s constitutional right to life and liberty.

A Historic Wrongful Death Settlement Against the State of Wisconsin

The case settled for $1,350,000 — the largest amount the State of Wisconsin has ever paid in a case of this kind. The mediator confirmed he had never seen the state pay more.

If You’ve Lost Someone in an Accident

Knowing what to do when a loved one dies in an accident is not something anyone should have to figure out alone — especially when the responsible party is a government entity with every legal advantage. Time is critical. Evidence disappears. Notice deadlines pass.

If you’ve lost a family member due to someone else’s negligence, the attorneys at Bye, Goff & Rohde are here to help you understand your options. We offer free consultations, and we never charge a fee unless we win your case.

Call or text BGR today at (715) 425-8161 or contact us online to speak with an attorney about your situation.