As Michigan’s economy grows, trucking will play a crucial role in our transportation system. The state’s vast network includes major interstates like I-75, I-94, and I-96, essential for moving products within and beyond Michigan.
Unfortunately, busy roads mean truck accidents happen. When they do, it’s important to have a law firm specializing in large trucking accident cases, like the Munley Law truck accident lawyers, to help those affected by these life-changing events.
Michigan Truck Accident Attorneys
Due to the size and weight of the vehicles, these commercial truck accidents often result in severe injuries and considerable property damage. Michigan attorneys specializing in truck accidents have a deep grasp of the complex laws and regulations that specifically govern the trucking industry, including both federal and state safety standards.
When a truck accident happens, the personal injury lawyer’s role is to determine who is responsible. Multiple parties, such as the truck driver, the trucking company, or the manufacturer, can be involved in a truck accident claim. Attorneys gather evidence, work with experts, and build a solid case to ensure truck accident victims receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages.
Given these cases’ high stakes and complexity, experienced truck accident attorneys are critical in helping victims achieve justice. Their specialized knowledge and experience are essential for holding the responsible parties accountable and getting the best possible outcomes for those affected by these devastating motor vehicle accidents.
What Can a Michigan Truck Accident Lawyer Do for Me?
A Michigan truck accident lawyer can provide invaluable assistance if you’ve been involved in a truck accident. Here’s how they can help:
- Investigate the Accident: They will thoroughly investigate and gather all essential evidence, including accident reports, witness testimonials, and data from the truck’s black box.
- Determine Liability: By examining the evidence, they will identify who is at fault, whether it’s the driver, the trucking company, or another party.
- Handle Insurance Companies: They will negotiate with insurance companies on your behalf to make sure you receive fair compensation and are not taken advantage of.
- Calculate Damages: To ensure full compensation, they will assess the full extent of your losses, including medical bills, lost wages, and pain and suffering.
- Represent You in Court: If a fair settlement cannot be reached, they will represent you, using their expertise to fight for your rights and win the maximum compensation you deserve.
- Provide Support and Guidance: Throughout the process, they will offer support and keep you informed, helping you fully understand your options and the legal process, ensuring you never feel alone in your legal journey.
You can focus on your recovery by hiring a Michigan truck accident lawyer. At the same time, they expertly handle the legal complexities of your case, providing a sense of relief from the burden of the legal process.
Common Causes of Commercial Truck Accidents
Commercial truck accidents can have devastating consequences due to the size and weight of the vehicles involved. Here are some of the most common reasons commercial truck accidents occur:
- Driver Fatigue: Long hours on the road often lead to driver fatigue, significantly impacting reaction time and decision-making abilities. Despite regulations on driving hours, fatigued driving remains a major issue and cause of semi-truck crashes.
- Distracted Driving: Negligent truck drivers may be distracted by using mobile devices, making phone calls, eating, or adjusting the radio while driving, leading to accidents.
- Speeding: Driving at excessive speeds is a common cause of semi-truck accidents. Trucks require a longer distance to stop, and speeding reduces the trucker’s ability to control the vehicle.
- Improper Maintenance: Failure to properly maintain trucks can lead to mechanical failures, such as brake or tire malfunctions, increasing the risk of accidents.
- Weather Conditions: Bad weather conditions like rain, snow, or fog can make driving more dangerous, particularly for large trucks that are harder to control and stop.
- Inadequate Training: Drivers who lack proper training may not be equipped to handle the challenges of driving a commercial truck, leading to errors and accidents.
- Drunk or Impaired Driving: Driving under the influence of alcohol or drugs, including prescription medication that impairs abilities, is a serious risk factor for truck accidents leading to catastrophic injury.
- Overloaded or Improperly Loaded Cargo: An overloaded tractor-trailer carrying too much weight or improperly secured loads can be difficult to control and is more likely to roll over or jackknife.
- Reckless Driving: Aggressive motorist behaviors, such as tailgating, frequent lane changes, and not obeying traffic signals, can cause accidents.
- Poor Road Conditions: Potholes, uneven road surfaces, and construction zones can contribute to big rig accidents, especially if drivers do not adjust their driving accordingly.
Serious Injuries Caused in a Truck Accident
Truck accidents commonly result in life-altering injuries due to the size and weight of commercial trucks compared to smaller passenger vehicles. Here are some of the most serious injuries that affect victims of truck accidents:
- Traumatic Brain Injuries (TBI): These injuries occur when the head is subjected to a violent impact or sudden jolt, sometimes leading to brain damage. Symptoms can range anywhere from mild concussions to severe cognitive impairments, memory loss, and personality changes.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, affecting mobility and sensation. These types of injuries frequently require extensive medical treatment and long-term rehabilitation.
- Broken Bones: The force of a truck collision can cause multiple fractures, which may require surgery and physical therapy to heal properly.
- Internal Injuries: The force of a truck accident can cause internal bleeding and damage to organs like the liver, spleen, kidneys, and lungs. These injuries can be life-threatening and may call for immediate surgery.
- Burns: Truck accidents can lead to fires or explosions, causing severe burns. Burn injuries often require extensive medical treatment, including skin grafts, and can result in significant scarring and disfigurement.
- Amputations: The force of a truck collision can result in the loss of limbs, either at the accident scene or later, due to medical complications. Amputations can have a profound impact on a victim’s quality of life and require extensive rehabilitation.
- Whiplash and Neck Injuries: The sudden impact of a truck accident can cause whiplash, a neck injury resulting from rapid back-and-forth head movement. This can lead to chronic pain and decreased mobility.
- Chest Injuries: The impact can cause broken ribs, collapsed lungs, and damage to the heart and other vital organs in the chest. These injuries can be severe and require immediate medical care.
- Lacerations and Contusions: Deep cuts and bruises are common in truck accidents, often caused by broken glass and debris. While some may heal independently, others might require stitches or surgery.
- Psychological Trauma: Beyond physical injuries, truck accidents can cause significant psychological and emotional trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression. These conditions often require therapy and ongoing mental health support.
These severe injuries can have a long-term impact on a victim’s life, affecting their physical health, emotional well-being, and financial stability. Those injured in truck accidents should seek immediate medical attention and consult with experienced truck accident lawyers to ensure they receive the compensation and support they need.
How Are Truck Accident Claims Different from Car Accidents?
Truck accident claims differ significantly from car accident claims in several key ways. These differences arise due to the unique aspects of commercial trucking, the severity of injuries involved, and the legal complexities of dealing with large corporations and their insurance carriers.
Severity of Injuries
Truck accidents often result in much more severe injuries compared to car accidents. Commercial trucks’ sheer size, let alone the weight, means that collisions typically cause catastrophic damage. Truck accident victims have a greater chance of suffering from traumatic brain injuries, spinal cord injuries, amputations, and other life-altering conditions. This increased severity of injuries leads to higher medical costs, longer recovery times, and greater overall impact on the victim’s life.
Multiple Defendants
In truck accident claims, multiple parties can be held liable for the accident. Unlike car accidents, where typically one driver is at fault, liable parties in truck accidents may involve:
- The truck driver
- The trucking company
- The truck’s owner
- The cargo loading company
- Manufacturers of truck parts
Each party may share responsibility for the accident, making the legal process more complex. Determining liability requires thorough investigation and legal expertise to ensure all responsible parties are held accountable.
Corporate Defendants
Victims can face powerful corporate defendants when dealing with claims related to an 18-wheeler accident. Trucking companies and their insurers have hefty resources and experienced legal teams to defend against complex truck accident claims. They are well-versed in tactics to minimize liability and reduce the amount of compensation paid out. This makes it especially important for victims to have skilled legal representation to effectively challenge these defenses and secure fair compensation for their injuries.
Truck accident claims involve unique challenges that set them apart from car accident claims. The severity of injuries, multiple defendants’ involvement, and corporate defenses’ presence require aggressive action and experienced lawyers. Victims of truck accidents need a qualified attorney who understands these complexities to manage the legal process and ensure they receive the monetary compensation they deserve.
The Role of Federal and State Regulations in Trucking
Federal and state regulations play a key role in ensuring the trucking industry’s safety and efficiency. These regulations are designed to protect truck drivers and the general public by enforcing standards that reduce the risk of accidents and ensure proper vehicle maintenance. Here are some key areas where these regulations come into play:
Hours of Service
“Hours of Service” regulations are designed to prevent truck drivers from becoming overly tired, a leading cause of accidents. These rules limit the number of hours a driver can be on the road without taking mandatory breaks. For example, the Federal Motor Carrier Safety Administration (FMCSA) requires drivers to take a 30-minute break after eight hours of driving. It limits the maximum driving time to 11 hours within a 14-hour workday.
These measures are in place to ensure drivers get enough rest and stay alert, reducing the risk of fatigue-related accidents.
Maintenance Requirements
Regular maintenance is critical to keeping commercial vehicles in safe operating condition. Both federal and state regulations mandate that commercial trucks undergo routine inspections and maintenance checks. These requirements cover various aspects of the vehicle, including brakes, tires, lights, and the engine.
By adhering to these maintenance standards, trucking companies can prevent mechanical failures that could lead to a catastrophic accident on the road.
Hiring and Safety Training
Regulations also emphasize the importance of hiring qualified drivers and providing them with proper safety training. Truck companies must follow strict guidelines when hiring new drivers, including conducting background checks, verifying driving records, and ensuring drivers have the necessary commercial driver’s licenses (CDLs). Additionally, companies are required to provide ongoing safety training to their drivers. This training covers various topics such as defensive driving techniques, handling hazardous materials, and adhering to safety protocols.
By investing in thorough training, companies can help drivers stay safe and better prepared to handle unexpected situations.
When Should I Contact a Michigan Truck Accident Attorney?
If you’ve been involved in a truck accident contact a truck accident attorney promptly, especially if there are severe injuries or fatalities. An attorney can help determine liability when multiple parties are involved, handle disputes, and negotiate with auto insurance companies that may offer low settlements. They also ensure critical evidence is preserved, bring in expert analysis, and handle the complex nature of insurance policies. Additionally, an attorney can file your claim within the statute of limitations, protecting your right to compensation.
Contacting an attorney early maximizes your chances of securing fair compensation in your truck accident lawsuit.
What Kind of Compensation Can I Get After A Truck Accident?
If you’ve been involved in a truck accident, you may be entitled to various compensation to cover your losses and damages. The compensation can be categorized into economic, non-economic, and punitive damages.
Here’s a breakdown of the kinds of compensation you can seek:
Economic Damages
- Medical Expenses: This accounts for emergency room visits, surgeries, hospital stays, medication, physical therapy, and any future medical care related to your injuries.
- Lost Wages: If your truck accident injuries prevent you from working, you can claim compensation for loss of income during your recovery period.
- Loss of Earning Capacity: If your injuries cause a long-term or permanent disability that impacts your ability to work, you can seek compensation for the decrease in your earning capacity.
- Property Damage: This covers repairing or replacing your vehicle and any other personal property that may have been damaged from the accident.
- Rehabilitation Costs: Expenses for necessary rehabilitation services, such as physical or occupational therapy, are included.
Non-Economic Damages
- Pain and Suffering: Compensation for the physical pain and emotional trauma caused by the accident and your injuries.
- Loss of Consortium: If your injuries affect your relationship with your spouse, you can claim compensation for loss of companionship and support.
- Reduced Quality of Life: Compensation for any decline in your quality of life or loss of enjoyment due to long-term or permanent injuries.
Punitive Damages
In cases where the truck driver’s or trucking company’s conduct was particularly reckless or malicious, you may be awarded punitive damages. The intention here is to punish the wrongdoer and deter similar behavior in the future.
Frequently Asked Questions About Truck Crashes
How much does it cost to hire a truck accident attorney?
Hiring a truck accident attorney typically doesn’t require any upfront payment. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Their fee is usually a percentage of the settlement or judgment amount, ranging from 25% to 40%. This arrangement allows you to get legal help without worrying about paying out of pocket initially.
How long do I have to file a claim after a truck accident in Michigan?
Under Michigan law, you generally have three years from the date of the accident to file a personal injury claim against the truck driver and the company. This time limit is known as the statute of limitations. If you miss this deadline, you may lose your right to pursue compensation.
If the injured person was a minor at the time of the accident, this period can be extended. The deadline for no-fault insurance claims involving unpaid benefits is much shorter—only one year from when the expense was incurred.
It’s important not to delay in seeking legal help. Missing these deadlines can permanently prevent you from pursuing a settlement or taking legal action. Contacting a truck accident law firm as soon as possible ensures all necessary steps are taken within this timeframe.
What should I do if I have lost a loved one to a truck accident?
If you’ve lost a loved one in a truck accident, you may be eligible to file a wrongful death claim. This can help cover funeral and burial expenses, loss of financial support, and compensation for pain and suffering.
Speak with a compassionate and experienced attorney who can guide you through the legal process and help you seek justice for your loved one.
How should I deal with an insurance adjuster after a truck accident?
When dealing with an insurance adjuster after a truck accident, it’s important to be cautious:
- Do Not Admit Fault: Avoid making statements that could be interpreted as admitting fault for the semi-truck accident case.
- Limit Information: Provide only basic information such as your name, contact details, and accident details. Avoid discussing your injuries in detail.
- Document Everything: Keep a record of all communications with the insurance adjuster.
- Consult an Attorney: Consult an attorney before accepting any settlement offer to ensure you receive fair compensation.
Do you have to go to court for a truck accident?
Not necessarily. Many truck accident cases are settled out of court through negotiations with the insurance company. However, your case may go to court if a fair settlement cannot be reached. An experienced attorney can represent you in court and fight for your deserved compensation.
Who can be sued in a truck accident case?
In a truck accident case, several parties can potentially be sued, including:
- The Truck Driver: If the driver was negligent or violated traffic laws.
- The Trucking Company: If the company fails to maintain the truck properly or hires unqualified drivers.
- The Truck Owner: If different from the trucking company, for improper maintenance or other issues.
- The Cargo Loading Company: If the cargo was improperly loaded or secured.
- Manufacturers: If a truck or its parts defect contributed to the accident.
Schedule a Free Consultation Today with a Michigan Truck Accident Attorney at Munley Law
At Munley Law, we bring over 60 years of experience handling commercial vehicle and truck accident cases. Three of our attorneys are certified in truck accident law by the National Board of Trial Advocacy (NBTA), with many holding multiple board certifications. We are dedicated to staying ahead of industry trends and continuously updating our knowledge in trucking law. This commitment allows us to remain at the forefront of legal developments and provide our clients with the highest level of service.
Recognized as one of the nation’s top truck accident law firms, eight of our personal injury attorneys are featured in the 2024 Edition of The Best Lawyers in America. We are the only firm with two attorneys leading the American Association for Justice (AAJ) Trucking Law Group.
Schedule a free, no-obligation consultation with Munley Law today to discuss your case and explore your legal options. Contact us and take the first step toward securing the compensation you deserve. Our experienced Michigan truck accident attorneys specialize in truck accident cases and can provide you with personalized advice and representation.