One of the most important things you can do if you or a loved one has been injured in a truck accident in Ann Arbor, MI, is to contact an experienced lawyer near you who can protect your legal rights and help you win the pain and suffering compensation and money damage that you are legally entitled.
Not only do semi crash cases often involve serious and catastrophic injuries as well as the loss of life, but they are also more complex than car crashes and other personal injury cases because of the confusing state and federal laws that apply and the fact there are frequently multiple at-fault parties. Our Ann Arbor truck accident lawyers can explain your legal options and guide you through this process. We will fight tirelessly to get you the maximum compensation for injuries, harms and losses.
Why Choose A Truck Accident Lawyer From Michigan Auto Law For Your Crash in Ann Arbor, MI?
Commercial and non-commerical vehicle crash cases are all we do, which is why our law firm has recovered more multi-million-dollar verdicts in semi crash cases than any other firm, including the largest semi crash settlement of any law firm or lawyer in Michigan. Our experienced Ann Arbor truck accident lawyers have the “know how” and skill to fight for a settlement or trial verdict in your case that reflects the full value of your claim.
Here Is More Information About How An Experienced Ann Arbor Truck Accident Lawyer Can Help:
- Bigger and quicker settlements – Inexperienced attorneys who don’t specialize in semi and commercial vehicle crash cases will miss the most important factors that impact your settlement. However, a lawyer who understands and specializes in truck accident cases will dot the i’s and cross the t’s and maximize your compensation in your Ann Arbor, MI crash case. In fact, the insurance industry’s own research shows that settlement amounts can be up to four times greater when crash victims are represented by skilled, experienced attorneys who have a track record and a reputation for obtaining favorable settlements and trial verdicts.
- Preservation of evidence – An experienced attorney will stop the transportation company from destroying key evidence. If they are not specifically asked to preserve the evidence within a certain amount of time once, they can legally destroy it when the retention period expires. An experienced truck accident lawyer handling your Ann Arbor, MI case will serve the necessary “preservation of evidence/spoliation” letters on the transportation company or go to court to file temporary restraining orders to preserve this evidence.
- Expose violations of federal and state safety regulations – Your attorney’s extensive knowledge with these complex regulations will allow you to identify every violation that led to your crash. Semi crashes are usually the results of broken safety systems that make these crashes not only foreseeable but even sadly predictable.
- Recruit the nation’s top experts to join your legal team and help build your case – Our truck accident lawyers know the most commonly used experts in semi crash cases in Ann Arbor, MI include: (1) crash reconstruction experts; (2) federal and state safety regulation experts; (3) driver training experts; (4) mechanics; (5) toxicologists who can speak to whether a driver was under the influence of alcohol, drugs, and/or prescription medication; and (6) life care planners who can explain to judges and juries what a crash victim’s life will be like going forward and what his or her medical needs will be.
- Make sure all negligent parties are held liable – Identifying all of the defendants who are legally responsible for your crash-related injuries is more difficult than it appears, and the failure to do so can mean the loss of millions of additional dollars in applicable insurance coverage that can be used to protect and compensate your family.
- Access liability insurance coverage and assets to increase your settlement – Identifying all the financial resources that the negligent parties have available to contribute to a settlement can also mean millions of additional dollars in your settlement. Your Ann Arbor truck accident lawyer is committed to discovering not only the insurance policies that the defendants readily admit, but also the corporate and umbrella policies that they try to hide. Your attorney will also do asset checks on the defendants – many of whom are well-heeled corporations – to verify their ability to contribute to a settlement or trial verdict that exceeds their insurance coverage limits.
State and Federal Regulations
Semi crashes are generally more complex than car crashes as they involve specific federal and state laws and Federal Motor Carrier Safety Administration (FMCSA) rules and regulations that semi driver’s and transportation companies must follow.
These FMCSA rules and regulations, which Michigan has adopted for its own commercial vehicle industry, set regulations and driver requirements for aspects of the job, including physical standards, alcohol and drug testing, hours of service, cargo, weight, licensing, inspection, repair and maintenance.
The experienced truck accident lawyers at Michigan Auto Law are well versed in the specific laws that apply to these types of crash cases in Ann Arbor, MI, and we know how to use those laws to build a successful case for our clients.
What Is Considered Important Evidence?
The types of evidence a truck accident lawyer will likely use to prove your Ann Arbor, MI crash lawsuit include:
- Police reports
- Photos of the crash scene
- Surveillance video or dash cam video of the crash
- Witness statements
- Expert opinions
- Medical records
- The semi driver’s electronic logging device (ELD) data which tracks the driver’s “hours-of-service,” i.e., the hours that he or she been driving and the hours that he or she has rested
- The “black box” or “electronic control modules” (ECMs) data which record data about the commercial vehicle’s operation such as speed and braking
- The semi’s vehicle maintenance and inspection records
- The transportation company’s employee file for the semi driver
- The results of a post-crash toxicology test to determine if the semi driver was under the influence of alcohol, drugs and/or prescription medication
- Cell phone records from the semi driver and the transportation company
- The semi driver’s and transportation company’s records of safety violations
What Are Common Causes Of These Types Of Crashes?
There are many possible causes of semi crashes, but the top 10, according to the FMCSA’s “Large Truck Crash Causation Study,” are:
- Brake problems
- Traffic flow interruption (congestion, previous crash)
- Prescription drug use
- Traveling too fast for conditions
- Unfamiliarity with roadway
- Roadway problems
- Required to stop before crash (traffic control device, crosswalk)
- Over-the-counter drug use
- Inadequate surveillance
- Fatigue
Who Can Be Held Responsible?
Liability in these types of crash cases is generally more complicated because of the complex laws and the multiple parties involved. An experienced truck accident lawyer will conduct a detailed investigation of your Ann Arbor, MI crash case to determine what happened and how, and hold the responsible parties accountable. Possible at-fault parties include:
- The semi driver
- The semi vehicle owner or entity in charge of vehicle maintenance and inspections
- The transportation company
- The commercial vehicle part manufacturer
- The cargo loading company
- The owner of the property where the crash occurred
- Other road users
What Damages Can A Lawyer Recover From A Truck Accident in Ann Arbor, MI?
In general, compensation a truck accident lawyer can recover for your Ann Arbor, MI crash case may include:
- Medical expenses (past, present, and future)
- Loss of current income and potential future earnings
- Physical pain and suffering
- Emotional trauma and mental distress
- Reduced quality of life
- Permanent and disabling injuries
- Vehicle repair or replacement costs
A lawyer may also be able to file a wrongful death lawsuit if you lost a loved one in a truck accident in Ann Arbor, MI. This type of lawsuit allows you to recover payment for your loved one’s pain and suffering as well as the loss of their companionship, financial support, services, and guidance. You can also recover for economic losses, such as medical bills and funeral and burial expenses.
Rapid Response Teams and the Importance Of Timely Crash Investigation
When a serious semi crash occurs, the semi driver almost always calls the dispatcher, who then calls the risk manager (sometimes even at home in the middle of the night), who immediately calls in a “rapid response team.” This team usually includes an investigator and a defense attorney where the crash occurred who will begin working right away to claim “work product privilege” for anything that is done.
The two of them often head to the crash scene before the debris is cleared, which can cause critical evidence to be “lost” and the police investigation to be impacted. They sometimes delete electronic evidence within a matter of days and fail to retain documents the minute they are no longer required by law. In addition, driver logs may go missing and GPS data downloads may be modified. And police reports are often prepared without the benefit of input from the injured parties, allowing the semi driver and the investigator to tell their one-sided story to the officer. Without eyewitnesses and important physical evidence, many cases are lost before they even get started.
When our truck accident lawyers get your call, they will launch a rapid investigation, before important information in your Ann Arbor, MI crash case is deleted or goes missing. We will immediately visit the crash scene, obtain the police report, speak with the responding officer, obtain other reports, witness statements and photographs, and interview all known witnesses. We also have access to the best tractor trailer crash experts.
In addition, we are often able to obtain photos from sources other than the police, including firemen, roadside assistance personnel, EMTs, local media, and other governmental agencies that participate in cleanup of crash sites. We also try to quickly track down the vehicles involved in the crash to take photos and gather additional data. And if our truck accident lawyers are on the scene quickly enough, they can observe and document skid marks and gather and preserve debris that will be critical in your Ann Arbor, MI crash case.
What Do I Do If I’ve Been In A Crash Involving A Semi?
After a semi crash, you should do the following:
- Move to safety (if possible)
- Contact the police
- Seek medical attention
- Refrain from making any statements or signing any releases
- Retain an experienced attorney quickly
Your truck accident lawyer’s most urgent priority is preserving the evidence of your Ann Arbor, MI crash that you will need to prove your negligence case against the semi driver and the transportation company.
This evidence may include:
- Event Data Recorder (an EDR is also commonly known as a “black box”) downloads – If liability is being contested or if the driver of the semi or the attorneys are trying to blame you in part for the crash, this evidence can often reveal critical information on the semi driver’s actions in the moments before the crash.
- The driver’s cell phone records
- Electronic recordings
- All video and audio of the onboard cameras (Video Event Data Recorders)
- The driver’s “electronic logging device” (ELD) records showing hours-of-service (i.e., driving hours and resting hours)
- All inspection records
- The driver’s qualification file
- Photos of the crash scene
- Video surveillance of the crash scene
- Witness names, contact information and statements
- All law enforcement reports
- All reports from EMS, fire and other first responders