Michigan Truck Accident lawyer

Most Michigan attorneys who handle personal injury accidents consider a Michigan truck accident to fall under the same general type of litigation as other Michigan motor vehicles accidents.  That is, many lawyers in Michigan will handle a truck accident injury case just like they would a car accident injury case.  This is because the underlying laws in Michigan that a lawyer must bring an action under are the same, whether it involves a third party tort case or a lawsuit for first party Michigan No Fault benefits.  The Michigan threshold tort law that an injured accident victim must first meet in order to recover damages in a personal injury lawsuit is exactly the same, whether a person is injured in a truck accident or a car accident in Michigan.  If someone is killed as a result of a truck accident, the same law will apply under the Michigan Wrongful Death Act as will apply to any other type of wrongful death after a motor vehicle accident in Michigan. And, if someone suffers injury in a truck accident or a car accident, they will receive the same Michigan first party no fault benefits.

But Michigan personal injury lawyers who handle truck accident injury cases just like car accident injury cases are only partially correct. Although the law in Michigan is the same, there are critical differences that separate truck accident cases from other types of Michigan auto negligence accident case.  

There are specific federal and state laws that apply to truck accident injury cases that do not apply to other types of injury accident cases.  The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all trucks engaged in interstate traffic. The Michigan Department of Public Safety has adopted Title 49, Parts 382-384 and 390-399 of the federal regulations and these federal laws now apply to all trucks driving on Michigan roads.

There are specific notice requirements under Michigan law and federal law that many Michigan attorneys just won’t know unless they are experienced with Michigan truck accidents and the special laws that apply.  A personal injury lawyer who has experience handling truck accidents in Michigan can help you understand the differences and protect important evidence before it is disposed of by the trucking company that caused the accident.

Many trucks have serious safety violations. A compilation of inspection data shows that nearly one in four trucks (23.7%) have serious safety violations that put these dangerous trucks out of service, unfit to be driven on Michigan roads. Unsafe trucks and unfit or poorly trained drivers lead to preventable truck accidents.  After a serious truck injury accident or wrongful death fatality accident has occurred, these important safety violations can be missed. In addition, the truck company can dispose of important evidence proving liability, such as log books and pre-trip inspections by law after a specific period of time has passed after an injury accident or wrongful death. Most truck companies now have teams of injury lawyers, accident reconstructionists, and accident investigators ready at a moments notice to deploy to the scene of any serious injury or death accident involving one of their trucks, both in Michigan and throughout the United States. If you feel that you or a loved one has been involved in such an accident, please contact a Michigan truck accident attorney from our firm. We handle truck accident cases throughout Michigan, and have more experience handling these types of accident cases than any other personal injury law firm or lawyer in Michigan. Steven Gursten is the Chair of the Interstate Truck Litigation Group for the American Association of Justice, and the lawyers at Michigan Auto Law have taught seminars throughout Michigan to other lawyers on how to properly handle truck litigation and truck injury accident cases. Each year, the lawyers at Michigan Auto Law receive the highest settlements and trial verdicts for truck injury accidents and truck wrongful death cases in Michigan.

Liability after a truck accident may also be the result of someone other than the truck driver.  Truck manufacturers, distributors, suppliers, or retailers supplying defective parts can also be liable under Michigan law for injuries or deaths they cause after an accident, just as a truck driver would be who causes a serious injury or wrongful death accident  Too often, Michigan attorneys who take on these cases but who are unfamiliar with handling truck injury accident cases simply miss these other liable parties. When the injuries are catastrophic or cause severe injury or death, this failure by inexperienced lawyers to identify all parties responsible for a truck accident results in losing the additional insurance policy limits that could have been applicable to compensate the truck accident victim or his or her family.  

With the enormous increase in the number of trucks and tractor trailers on Michigan’s highways and roadways, there has been a corresponding sharp increase in serious trucking accidents causing injuries and deaths between automobiles and trucks.  The national statistics indicate there are now over 500,000 truck injury accidents that occur every year in the United States, causing over 5,000 truck accident fatalities. One out of every eight people killed in motor vehicle accidents now involve trucks. A truck driver operating a truck negligently and causing a trucking accident to occur may be liable under Michigan and federal law for any damages to the property or people involved in the accident.

A large amount of Michigan traffic crashes and deaths involve large semi trucks. By definition, a large truck is any truck that weighs over 10,000 pounds. Crashes involving large trucks are more likely to result in serious personal injury and wrongful death than are car crashes because of their shear mass and larger size. In fact, it is estimated that nearly 10% of people involved in a Michigan truck accident will be killed, requiring an attorney to file a wrongful death lawsuit for his estate. Learn more about Michigan auto accident lawyers and cases at Michigan Auto Law.

Large Michigan tractor trailer trucks also carry a higher probability of being involved in multiple-vehicle crashes than passenger cars. Trucking is regulated by both federal and Michigan motor vehicle laws, which govern areas such as safety of equipment and hours of the drivers. Trucking companies in Michigan and nationwide are required to keep records of such information and it will be necessary to find such records if you are involved in a Michigan truck accident. Many Michigan attorneys fail to inspect such records and trucking companies can destroy these records after a certain period of time has passed. Poor equipment and driver fatigue can be causes of such crashes, and a careful study of the trucking company records may be needed to determine if negligence has occurred. A Michigan truck accident lawyer from our firm has the knowledge and experience to go over these records to see if a truck driver was breaking the law.

The many types of Michigan trucking accidents can be grouped into the following categories:

• Head on collisions involving semi trucks in Michigan
• Rear end collisions involving tractor trailers in Michigan
• Broadside collisions caused by eighteen wheelers in Michigan
• Right hand squeeze collisions (when a driver attempts to pass truck on the right hand side, not realizing the truck is making a wide right turn)
• Center line crossover or bump collisions caused by large trucks in Michigan
• Lane change collisions involving big rig trucks in Michigan
• Stopped or slow-moving trucks causing rear-end collisions in Michigan
• Jack-knifed tractor trailer trucks in Michigan
• Vehicles sliding under tractor trailers in Michigan
• Loss of control of a vehicle, caused by large semi trucks in Michigan
• Loss of control by truck driver in Michigan
• Hit and Run truck accident in Michigan

One of the more significant differences between a large Michigan tractor trailer trucking accident and another Michigan car accident is the extent of damages and injuries by a truck compared with an auto collision. Because big rigs, 18 wheelers and tractor-trailers can weigh in excess of 80,000 pounds, a trucking collision with a car or pedestrian can often result in deadly consequences.

The unique laws and regulations provided by federal and state law are designed specifically to protect motorists from the negligent actions of truck drivers and trucking companies. For example, they require adequate rest for truckers to prevent driver fatigue on the highway. There are also rules dealing with the proper loading of the materials the truck is carrying and safety rules on traveling speeds and safety when passing other vehicles. Again, a Michigan accident lawyer from our firm can pinpoint any safety violation that has occurred. Most modern trucks have devices that allow for the reconstruction of a truck driver’s actions just before an accident. All truckers are required to keep logs of their time.

Michigan trucking accidents may be the direct result of carelessness. Other examples of Michigan truck accident factors include a defective truck, an improper repair job, or an intoxicated truck driver. Although trucking accident laws vary from state to state, generally a common carrier is liable for the injuries and/or damages caused by the negligent operation of its vehicles. Truck litigation is an extremely sophisticated area of personal injury and too many lawyers try to handle truck accidents without the knowledge or experience to do so properly. The skill and knowledge of the attorney and law firm matters more with truck accident litigation than perhaps any other area of personal injury law. Learn more about Michigan personal injury lawyers.

Michigan trucking companies that do not comply with safety regulations cause trucking accidents that leave individuals with serious life-altering injuries will face legal liability. By not complying with safety regulations the semi-truck companies put every driver on the road at risk to be involved in a trucking accident. Again, if you feel that you have a just claim for compensation please contact a Michigan truck accident attorney from MichiganAutoLaw.com.

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