Michigan Truck Accident Lawyers

How Is A Truck Accident Different From A Car Accident?

If you’re in a car accident, your world will probably feel completely upside down as you navigate challenges in the aftermath, regardless of whether you’ve been hit by another car or a large commercial vehicle. However, there are some significant differences in how a legal case is handled depending on the kind of vehicles involved in the crash. It’s important to work with a lawyer who has expertise in truck accident cases for several reasons, such as:

• Truck accidents are often more severe than car accidents. You may have significantly worse injuries, or in the worst-case scenario, accidents can result in death. The stakes are high in these cases, and you want to be sure you’re working with a lawyer with a proven track record for success in recovering damages in truck accident cases. 
• The investigation into a truck crash is typically more complicated than in a car crash. Many experts may need to be consulted to determine the cause of the crash, and your attorney will need to work quickly and efficiently to gather the evidence needed.
• There may be multiple at-fault parties involved in a truck accident. This could include the truck driver, the company that owns the truck or employs the driver, manufacturers, and other distributors. Having multiple at-fault parties complicates your case and may make it more difficult to reach a settlement.
• Multiple insurance companies may be involved in the case. In Michigan, no-fault laws govern the insurance benefits you’ll receive from your own auto insurance company. In truck accidents, however, the trucking company may have additional insurance coverage that comes into play.
• There are both state and federal laws that apply to commercial trucking companies. You need an expert on your side who is familiar with these and will navigate the legal intricacies of your truck accident case for you. 

Don’t leave the results of your truck accident case up to chance. Work with an auto accident attorney who has the experience and expertise to take on trucking companies and get the best possible results.

What Is Considered A Commercial Vehicle?

When discussing truck accident lawsuits, we’re not referring to crashes involving pickup trucks and other large non-commercial vehicles. Truck lawsuits refer to cases involving much larger commercial vehicles. Commercial motor vehicles include trucks that are used for transportation of goods, merchandise, or other vehicles. They have a total weight of over 10,001 pounds, including the weight of goods and passengers. Many buses also qualify as commercial motor vehicles. Buses that have more than eight passengers and receive compensation for their transportation, or buses with more than fifteen passengers with or without compensation and meet the weight qualification are considered commercial vehicles. Any vehicle that transports hazardous materials that require federal placards is also considered commercial, regardless of size.

Types Of Trucks Commonly Involved In Crashes

You can make a strong legal case for truck crashes involving any type of commercial vehicle. Types of vehicles that you’ll commonly see on roadways that can be involved in accident cases include:

• Semi-trucks
• 18 wheelers
• Tractor-trailers
• Construction vehicles
• Dump trucks 
• Garbage trucks
• Tow trucks
• Flatbed trailers
• Postal and delivery trucks

Truck Safety Regulations

Truck drivers, commercial truck owners, and truck manufacturers are required to adhere to certain safety standards in order to keep other drivers on the road safe. These are created by the Federal Motor Carrier Safety Administration (FMCSA), and the failure of truck owners and operators to follow them is considered negligence.

Driving Hours

Truck drivers must follow rules regarding the number of consecutive hours they can drive and take mandated breaks. Drivers cannot drive for more than eleven consecutive hours after at least ten consecutive hours off duty, and they cannot drive past the fourteenth hour of being on duty. After driving for eight cumulative hours, drivers must take at least a thirty-minute break. Drivers must also follow the 60/70 rule, which states that drivers cannot drive for more than 60 hours in seven consecutive days, or more than 70 hours in eight consecutive days. There are some provisions and exceptions that can allow these rules to be changed, and rules may differ for bus drivers. These rules are intended to prevent driver exhaustion, which can create unsafe conditions for other drivers. Truck drivers are required to keep a log of their driving and rest hours to ensure they stick to these guidelines.

Truck Maintenance

Truck owners must keep on top of regular truck maintenance, and they must keep a record of maintenance that has been performed. Keeping equipment well-maintained promotes safety for other drivers by preventing the failure of essential parts.

Licensing For Truck Drivers

Operating an eighteen-wheeler or other commercial vehicle is very different from driving a personal vehicle. In order to become a licensed truck driver, drivers need many hours of training and to obtain a special license. Inexperienced drivers who haven’t completed the proper training pose a serious safety risk to others on the road.

Truck Weight Limits

You may see weigh stations on highways and interstates. Their primary purpose is to weigh commercial trucks with large loads to ensure they stay within their weight limits. Some trucking companies may intentionally overload their trucks to move more products and increase their profits. However, the heavier a truck is, the longer it takes for the truck to come to a stop. This can become dangerous, especially when a truck is traveling at high speeds, such as on the highway.

Safe Driving Practices And Behaviors

Truck drivers are required to follow the same safety rules and practices as other drivers on the roads to ensure everyone’s safety. Because of their large size, trucks can cause serious accidents when their drivers fail to follow safe driving practices. 

Truck accident lawyers have extensive knowledge of the rules and regulations that truck drivers are required to follow. We can help you navigate confusing circumstances and understand when a truck owner or operator has had negligent actions that led to an accident.

Common Causes Of Truck Accidents

There are many potential causes of truck accidents, whether negligence is involved or not. Some of the common causes of truck accidents include: 

• Drowsy or fatigued truck driver
• Driver under the influence of alcohol or drugs
• Distracted driving
• Speeding
• Poor vehicle maintenance or equipment failure
• Overloaded truck or failure to secure cargo
• Poor weather conditions
• Road construction
• Inexperienced or unqualified driver
• Unfamiliarity with a route
• Reckless or aggressive driving

Regardless of the cause of the accident, there are a number of types of semi-truck crashes you might see. These could include head-on or rear-end collisions, t-bone crashes, rollovers, jackknifed trailers, and truck underride crashes. A truck accident lawyer can help in the investigation to determine what caused your truck accident and who is at fault.

Injuries Caused In Truck Accidents

If your car is hit by a semi-truck, you’re far more likely to sustain injuries than if you’re hit by another car, and injuries are typically more serious. Injuries sustained in a truck accident can include: 

• Broken bones and fractures
• Back and neck injuries, including herniated or bulging disks
• Spinal cord injuries, including those that lead to paraplegia or quadriplegia
• Concussions, closed head injuries, and traumatic brain injuries
• Nerve damage
• Internal injuries or punctured organs
• Burns
• Lacerations
• Physical disfigurement
• Psychological trauma, including PTSD
• Death

If you or a loved one is in a truck accident, seek immediate medical attention, even if you think everything is fine, as some injuries are not apparent right away. In the aftermath of a truck accident, you’ll have a lot of healing to go through. Getting a great truck accident attorney on your side allows you to focus on your recovery while we focus on your legal case.

What To Do After A Truck Accident

There are several steps you can take immediately after a truck accident to safeguard your legal rights. Your physical safety and well-being are the most important thing, so seek immediate medical attention for serious injuries. Other steps you can take include:

• Call 911. If you need immediate medical treatment, an ambulance can come to assist you. Police officers who respond to the scene will gather evidence and create a report, which is especially important as evidence in your case if you’re seriously injured and unable to collect your own evidence.
• Take photos of the scene of the crash to help establish what happened and to document any obvious causes of the accident.
• Gather statements and collect contact information from witnesses. 
• Seek medical treatment, even if you don’t think you’ve sustained any injuries. Some injuries don’t become apparent right away. Keep a record of any medical treatment you receive related to the accident, as this will become evidence in your case.
• Notify your car insurance company of the accident. They need to be notified within a year of your accident in order for you to receive your no-fault benefits. Do not sign any releases from your car insurance company without having a lawyer look over them first.
• Contact a truck accident lawyer as soon as you can after the accident so they can start investigating and building your case. The sooner we can get started, the better.

How A Truck Accident Attorney Can Help You

In Michigan, you aren’t required to have an attorney to make a truck accident claim. However, it is in your best interest that you consult with an experienced truck accident lawyer as soon as possible after your accident. You’ll benefit from your attorney’s knowledge of the legal system, insurance companies and policies, complex state and federal laws that affect truckers, and tactics used by trucking companies. Additionally, we have a network of investigators and experts who will help us build a strong case on your behalf. 

Truck accident lawsuits can be very complicated. You may be suing multiple parties or negotiating with multiple insurance companies. Insurance adjusters and trucking companies can be very good at denying fault and begin building their own cases to reduce their liabilities. Truck drivers and owners may even attempt to falsify records or destroy vital pieces of evidence if you don’t act swiftly. An experienced lawyer will intervene to prevent this and take on companies that must be held accountable. 

Don’t go through the uncertainty and stress of trying to take on a big trucking company on your own, and don’t get fooled into accepting what your insurance company says you deserve. Let a truck accident lawyer fight for you and make sure you get the compensation you’re really entitled to. While we take on your case, you can focus on what’s really important – your recovery and well-being.

How Does Michigan No-Fault Insurance Work?

All drivers in Michigan are required to carry no-fault auto insurance, also called Personal Injury Protection, to legally drive a car. While this can be helpful and provide you with the coverage you need for auto accidents, it can also make truck accident cases even more complex. 

Michigan’s laws require that with no-fault insurance, a driver who gets in a car accident will have their own insurance policy cover expenses first, regardless of the cause of the accident. Expenses covered by your policy will include medical expenses, lost wages, car repairs or replacement, and other costs. In order to receive the benefits you’re entitled to, you have to file a claim on time, or your insurance provider may deny your claim. Having an attorney look at your policy soon after your accident can help ensure you get the benefits you need. 

When a truck accident case involves severe injuries and a certain amount of damages, you can go beyond the no-fault system and file a liability claim against the at-fault party. Your attorney will assist you in determining who can be sued and navigating the complicated interplay between a no-fault claim and a case against a negligent party.

Who Can I Sue In A Truck Accident Case?

The cause of the accident will largely determine who can be sued after a truck accident. Determining who was at fault can be complicated, and there may be multiple parties at fault. These could include the truck driver or operator, the truck owner, the trucking company, a transportation broker, the truck manufacturer, or other distributors or suppliers. Your truck accident attorney will help determine who can be sued during their investigation.

Steps Involved In A Truck Accident Legal Case

The legal process can be long and complex, and your specific case could look different than any other case. Having an auto accident lawyer on your side is beneficial, as we can help you understand your rights, your legal options, and the legal process as we work through your case. Generally, the steps involved in a truck accident case include: 

• Conducting an investigation, including gathering photos and evidence from the scene of the crash, preserving evidence, and interviewing witnesses.
• Hiring expert witnesses who can provide guidance and expert testimonies.
• Identifying parties that can be held liable for the accident.
• Filing a lawsuit against the liable party or parties.
• Conducting discovery, where both sides gather and share information.
• Negotiate a settlement if possible. We won’t settle for anything less than you deserve for your injuries and suffering.
• Go to trial if a settlement can’t be reached. 

The length of time it takes to reach a conclusion in your case can vary significantly depending on many factors, such as the complexity of your case, how many defendants are involved, and whether or not your case goes to trial. Our team of truck accident attorneys will help you feel supported throughout the course of your case, and we won’t back down until we’ve come to a fair conclusion.

How Much Can Be Recovered In A Truck Accident Settlement?

In Michigan, you can be compensated for both economic and non-economic damages in truck accident cases. You can recover damages for:

• Hospital bills, emergency room bills, surgery costs, doctor’s appointments, physical therapy, and other medical treatments
• X-rays, MRIs, and other testing
• Prescription medications
• Medical equipment and assistive devices, such as wheelchairs
• Caregiving expenses
• Future medical appointments and treatments
• Lost income
• Future lost earnings potential
• Emotional trauma
• Physical and emotional pain and suffering
• Scarring and physical disfigurement 
• Loss of quality of life

Don’t get cheated out of the compensation that you deserve by coming to a quick settlement with your insurance provider. Some of the long-term effects of your accident may take time to become apparent. Your legal team can advise you on what kinds of damages are applicable in your case. We’ll also ensure you receive the fair compensation that you deserve by uncovering all potential sources of compensation in your case.

Wrongful Death Compensation

If you’re the surviving family member of a loved one who was killed as the result of a fatal truck accident, you can bring a wrongful death lawsuit against the responsible party. In a wrongful death lawsuit, you can recover damages for hospital and medical bills, funeral and burial expenses, loss of your loved one’s financial support and companionship, and pain and suffering. A wrongful death lawsuit is brought on behalf of the entire family with one person serving as the representative of the estate.

Statute Of Limitations On Truck Accident Cases In Michigan

The time frame you have to file a truck accident case, known as the statute of limitations, is three years from the time of the accident in Michigan. There are a few exceptions to this rule: if someone involved in the accident was a minor at the time of the crash if the victim is in a state of mental derangement at the time of the incident, or if the negligent party leaves the state after the incident. These can all extend the timeframe for filing your case. 

In order to receive no-fault benefits from your insurance provider, you must file a no-fault claim within a year of the accident. Getting a lawyer on your side as soon as possible after your accident will help you ensure you don’t miss any of the deadlines for filing your claims. If you wait too long, you could miss your chance and forfeit any compensation you’re entitled to.

In the aftermath of a truck accident, you may feel angry, sad, scared, or disoriented. The last thing you want is to work with a large legal firm that leaves you feeling out of the loop, confused, or frustrated. At LegalGenius, we don’t just have a track record of success, we also put a great deal of effort into providing you with great customer service. When you work with our team of attorneys, you’ll have access to our combined 100+ years of experience fighting hard for clients just like you. 

We care about our clients’ well-being and ability to heal after an accident. We want to enable and empower you to focus on your recovery while we focus on your case. Our commitment to excellent customer service begins when you request your free initial consultation. We’ll provide you with advice on what legal steps you can take, and for your peace of mind, you’ll be able to reach your attorney at any time. We strive to make our clients feel valued and respected by treating you like a person, not just a case number.