Michigan Truck Accident FAQs
Injured in a commercial truck or tractor-trailer accident? We can help.
If you have been injured in a truck accident on Michigan roads, please take
the time to look over the most frequently asked questions about truck accidents
that our personal injury lawyers hear from clients. If you’d like to
contact an attorney from Michigan Auto Law immediately, please fill out the
contact form with absolutely no fee or obligation, or call (800) 777-0028 for
a free consultation.
Q. What exactly is a commercial truck?
A. A commercial truck is a vehicle used for the transport of commercial goods.
Examples of commercial trucks are semi-trucks, tractor-trailers, 18-wheelers,
big-rigs, delivery vehicles, freight trucks, dump trucks, Mack trucks and bucket
trucks. A typical, fully-loaded commercial truck can weigh in excess of 80,000
pounds.
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Q. I’ve heard that Michigan is a “no-fault” state.
What does this mean in relation to my truck accident?
A. The term no-fault means that both parties involved in a car or truck accident
are entitled to benefits from their insurance companies, no matter who caused
the accident. Regarding truck accident cases, Michigan no-fault law can become
very complicated due to several additional issues such as different insurance
policies, workers compensation, the independent status of truck drivers and
the location of trucking companies. That’s why it’s best to retain
a no-fault lawyer who has much experience handling Michigan-based truck accident
cases.
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Q. What is a first-party truck accident case?
A. A first-party truck accident case is between the truck accident victim and
his or her insurance company for no-fault benefits. No-fault benefits, also
called personal injury protection (PIP) benefits, include medical expenses
related to the truck accident, wage loss for the first three years following
the accident, household replacement services (chores/help with children),
medical mileage and attendant care.
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Q. What is a third-party truck accident case?
A. A third-party truck accident case is between the truck accident victim and
the at-fault driver, to prove negligence. In a third-party case, the truck
accident victim can pursue non-economic damages for pain and suffering.
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Q. What is the statute of limitations for pursuing a truck accident claim
in Michigan for a third-party pain and suffering case?
A. Three years, unless it’s a case involving a child. In that instance,
the child has 12 months from his or her 18th birthday.
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Q. What’s the first thing I should do following a truck
accident in Michigan?
A. Contact police, assess the scene and make sure everyone is okay. Since it’s
common for trucking companies to send defense attorneys, investigators, and
insurance adjusters immediately to the scene to mitigate and lessen the company’s
liability, do not speak with them or sign anything. Otherwise, you could unknowingly
relinquish your rights or put your truck accident case in jeopardy. If you
need assistance with respect to your legal rights and benefits, call an experienced
lawyer in Michigan that specializes in commercial truck accidents.
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Q. I can’t afford a lawyer to represent me in my truck accident
case, what should I do?
A. Our law firm understands that personal injury litigation can be expensive.
That’s why Michigan Auto Law charges its clients on a contingency basis,
meaning that the lawyers are only paid if they win monetary damages for their
clients. We advance the cost of litigation until ultimate resolution of the
case. This makes it possible for people of all means to hire the most qualified
truck accident lawyers.
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Q. How do I deal with a trucking company and its insurance carriers after
a truck accident?
A. Many large trucking companies have teams of lawyers, accident reconstructionists
and investigators ready at a moment’s notice to deploy to the scene of
any serious injury or death accident involving one of their trucks. Their job
is to mitigate and lessen the trucking company’s liability for the accident.
That’s why it’s best to contact an attorney before you speak with
your insurance company or the trucking company and their insurance carriers,
because if you sign the wrong documents, you may unknowingly relinquish your
rights or settle for less compensation than you are afforded.
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Q. I was injured in a truck accident in Michigan and the truck driver was
at-fault. As a Michigan resident, can I receive money for the time I missed
work?
A. Yes. Your recovery in a personal injury action can include payment for income
lost through missed work and for any lost earning capacity resulting from the
accident. According to Michigan law, no-fault (PIP) benefits will cover the
first three years of wage loss depending on your income, up to a maximum amount
of about $70,000 a year. If an accident victim makes more than $70,000 a year,
he or she could be entitled to “excess wage loss,” which is covered
by the wrongdoer’s insurance policy.
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Q. If I was partially at-fault for a truck accident, can I still win the lawsuit?
A. Yes. Under the law, if you are found to be more than 50 percent at-fault
for the accident, you are barred from recovering any non-economic damages.
If you are found less than 50 percent at-fault for the accident, your non-economic
and economic damages will be reduced by the percentage of fault. Finally,
even if you are at-fault in a serious accident, you will still be entitled
to Michigan attendant care benefits.
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Q. Who can sue in a Michigan truck accident personal injury or wrongful death
case?
A. Anyone who is injured, or the family members of a person killed in a truck
accident can sue for damages — as long as another person or entity is
responsible for the accident. This includes children, who can sue through parents
or guardians, and truck drivers if someone or something else was at fault for
the accident.
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Q. Who can be sued in a truck accident case personal injury or wrongful death
case?
A. Any person or entity responsible for causing the accident can be sued, including
the truck driver, the trucking company, the shipping company and sometimes
a load broker and the trailer owner. Additionally, any other driver or entity
whose negligence contributed to the accident in any way can be sued, such as
vehicle and tire manufacturers or public and private property owners.
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Q. As a Michigan resident, what damages can someone who is injured or killed
in a truck accident recover?
A. Michigan residents injured in truck accidents are always entitled to no-fault
(PIP) benefits such as wage loss, household replacement services (chores/help
with children), and reasonable and necessary medical expenses including medical
bills, prescription reimbursement, medical transportation/mileage reimbursement
and attendant care.
Survivors of victims killed in truck accidents are allowed certain survivor’s
loss benefits, such as funeral costs of a minimum of $1,750.
For a third-party case, non-economic damages can be unlimited. However, the
wrongdoer has a policy limit, which is the maximum the insurance company will
pay. Generally, the insurance company will make its best effort to keep any
settlement within that policy limit. In interstate trucking cases, the minimum
policy limit is $750,000.
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Q. I’ve been seriously injured in a truck accident in Michigan.
Who is responsible for paying my medical bills?
A. Generally, your health insurance carrier is primarily responsible. But depending
on type of auto insurance policy you have, both your heath insurance and auto
insurance carriers may be primarily responsible. If you do not have heath insurance,
than your auto insurance policy is primarily responsible. Because there are
many unique circumstances related to truck accidents, it’s best to consult
an expert personal injury lawyer.
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Q. Am I going to get money for my vehicle that was destroyed in an accident
with a large truck?
A. Whether you receive compensation for your vehicle that was destroyed in
a truck accident is based on what is specified in your individual insurance
policy regarding coverage for collision and property damage. However, according
to Michigan law, you are entitled to up to $500 for mini-tort coverage for
any deductible that insurance doesn’t otherwise pay. In other words,
if you have a $500 deductible for $5,000 worth of car repair, you can get the
$500 deductible back from the at-fault party’s insurance company.
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Q. How much money will I receive for my Michigan truck accident case?
A. It depends on several factors such as bad your injuries are, how long the
injuries last, the permanency of injuries and whether surgery is involved.
In addition, the insurance investigation will be critical. Often there are
different layers of insurance coverage, excess layers, umbrella insurance
policies or sister corporations, as well as different entities, such as shippers
and load brokers, who may also be responsible and have additional insurance
coverage. Under Michigan law, you must have a threshold injury to qualify
for a third-party case (against the wrongdoer driver and owner of the truck).
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Q. How long will my Michigan truck accident personal injury case take to resolve?
A. Each case is different, but generally, it could be anywhere from several
months to three years.
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Q. Where will my case be filed?
A. It depends on where the truck accident occurred and who is involved in the
crash. The first location to file a lawsuit under Michigan law is the county
where the accident occurred and the defendant resides, if both are the same.
The second is the county where the accident occurred and the plaintiff resides,
if both are the same. If neither applies, the case can be filed in the county
where the plaintiff and defendant reside or conduct business, if both are
the same. If all of the above do not apply, the plaintiff has a choice to
file in the county where the accident happened, or in the county where the
defendant resides. If the defendant does not reside in Michigan, the plaintiff
could file in the county where the plaintiff resides. If none of the defendants
are from Michigan, the case can be moved to federal court as long as the
alleged value exceeds $75,000. A no-fault (PIP) case can be filed anywhere
the defendant conducts business.
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Q. I’m a Michigan resident but my truck accident happened
in another state. Should I hire a lawyer from the state the accident occurred
in, or a
Michigan personal injury lawyer?
A. It may be in your best interest to contact one of our truck accident lawyers
at Michigan Auto Law. We can help obtain your no-fault insurance benefits.
Because Michigan is a no-fault state, its truck accident law is highly complicated.
Most out-of-state attorneys don’t fully understand our no-fault law.
We have handled serious truck accident cases throughout the United States,
working with the most trusted out-of-state attorneys and experts to ensure
the best results possible.
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Q. How are trucking companies regulated?
A. Trucking companies are regulated by the federal government. The Federal
Motor Carrier Safety Administration (FMCSA) establishes rules and regulations
that govern commercial motor vehicles and the companies who operate these
vehicles, aiming to prevent truck accidents on the roads and highways.
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Q. Are trucks required by federal law to carry insurance?
A. Yes. Federal law requires commercial trucks traveling in interstate commerce
to carry $750,000 of insurance for bodily injury and property damage. Michigan
has adopted the Federal Motor Carrier Safety Administration rules and regulations
to govern its commercial trucks, so the insurance standard applies in our
state as well.
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To request a free, no obligation case evaluation with one of our truck accident
attorneys, please fill out our consultation
form and we will respond to your
inquiry within one business day. Or to speak to an attorney immediately, please
call (800) 777-0028.
The truck
accident lawyers of Michigan Auto Law have helped enforce important
truck safety regulations to make our roads safer. No other law firm in Michigan
has received more jury verdicts or consistently higher settlements for truck
accident cases. In fact, the vast majority of our wrongful death and personal
injury cases from truck accidents are referred to us by local attorneys, based
upon our record of experience and success.
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