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For more than 50 years, the truck accident lawyers at Michigan Auto Law have specialized exclusively in helping people injured in truck crashes. Our proven track record of winning results includes the largest truck crash settlement for a Michigan lawyer. We are the only law firm in Michigan with board certification in Truck Accident Law.

Michigan’s ONLY law firm that has a board certification in truck accident law. No other lawyer or law firm in Michigan is board certified.

Get the Best Michigan Truck Accident Lawyer

To get the best Michigan truck accident lawyer for your case, he or she must have these 4 essential qualities: (1) specialized experience in truck crash litigation; (2) a track record of successful settlements and verdicts; (3) a reputation for treating clients respectfully; and (4) a fair fee and cost structure.

Do I Need To Hire A Truck Crash Lawyer?

In Michigan, if you are injured in a big rig truck accident, you aren’t required to hire a big rig accident lawyer, of course. But, hiring a lawyer who truly understands trucking law and has experience can result in a faster and significantly bigger settlement. Semi-trailer truck crashes can be catastrophic and far more complicated and complex than car crash cases. Specialized experience is your best protection.

An experienced commercial vehicle accident lawyer with a track record of success will have the “know-how” to move quickly to protect trucking accident victims and their families. This means making sure the evidence you will need for your case is not destroyed. It means finding all the people and companies responsible for causing your crash. It means identifying their insurance coverage and personal or business assets that can be used to pay your settlement.

Here are some factors to consider when deciding whether you need to hire a truck crash lawyer after a traffic collision:

  • Severity of Injuries: If you or someone you know has sustained serious injuries in a truck crash, it is advisable to consult with an attorney. Severe injuries can result in significant medical bills, long-term care, and lost wages, and a lawyer can help you pursue compensation for these damages.
  • Liability Disputes: Truck accidents often involve multiple parties, including the truck driver, the trucking company, and potentially others. If there is a dispute about who was at fault for the accident, a lawyer can help investigate and establish liability.
  • Insurance Company Involvement: Dealing with insurance companies can be complex, especially regarding commercial trucking insurance. An experienced truck crash lawyer can negotiate with insurance companies on your behalf to ensure you receive fair compensation.
  • Complex Legal Issues: Truck accident cases can involve complex legal issues, like federal trucking regulations and compliance. An attorney with expertise in this area can navigate these complexities effectively.
  • Compensation for Damages: If you believe you are entitled to compensation for medical expenses, property damage, pain and suffering, and other damages resulting from the accident, a lawyer can help you build a strong case and maximize your potential recovery.
  • Statute of Limitations: There are time limits, known as statutes of limitations, within which you must file a lawsuit following a truck crash. Failing to meet these deadlines can result in losing your right to pursue a claim. An attorney can help you make sure you file your lawsuit on time.
  • Settlement Negotiations: Lawyers can assist in negotiating a fair settlement with the opposing party or insurance company. They have experience valuing cases and can help you avoid accepting an inadequate settlement.
  • Court Representation: If your case goes to court, having a skilled truck crash lawyer can be essential in presenting your case effectively and advocating for your rights before a judge and jury.

Common Types Of Trucks Involved In Accidents 

What is the Definition of a Commercial Vehicle?

A commercial vehicle is a motor vehicle that is used in commerce to transport property, passengers, or hazardous materials. Under federal law and Michigan law, the vehicle’s weight, the number of passengers, and transport of hazardous materials will determine if a vehicle qualifies as a commercial vehicle.

For a vehicle transporting property, it qualifies as a commercial vehicle if it weighs 10,001 pounds or more.

For a vehicle transporting passengers, it qualifies as a commercial vehicle if either of the following is true:

  • It is designed to transport 16 or more passengers, including the driver. (49 CFR § 383.5)
  • It is designed or used to transport more than 15 passengers, including the driver, but not for compensation. (49 CFR § 390.5T)
  • It is designed or used to transport more than 8 passengers (including the driver) for compensation. (49 CFR § 390.5T)

A motor vehicle of any size that is used to transport hazardous materials qualifies as a commercial vehicle.

Causes Of Truck Accidents

Maintenance Issues That Cause Truck Accidents:

  • Brake Failure
  • Headlight Defects
  • Lack of Inspection or Maintenance
  • Steering Failure
  • Tire Blowouts
  • Tow Hitch Defects

Negligence That Leads To Truck Accidents:

  • Bing Spots No Zone
  • Compliance Violations
  • Disregarding Traffic Signals
  • Driver Fatigue
  • Driver On Drugs
  • Drunk Driving
  • Failure To Yield
  • Hazardous Bad Road Conditions
  • Hit and Run
  • Improper Backing Up
  • Improper Passing or Turning
  • Inattention or Distraction
  • Intersection
  • Oversized Load
  • Poorly Planned Routes
  • Poorly Screened Truck Drivers
  • Rear-end collision
  • Side collision
  • Spillage of Contents
  • Tailgating
  • Unrealistic Schedules
  • Unsafe Lane Changes
  • Unsafe Speed
  • Unsecured Load
  • Vehicle rollover
  • Visual Obstruction

Mechanical Defects and Poor Truck Maintenance

Mechanical defects and poor truck maintenance are two leading causes of truck accidents. Defects can involve faulty brakes, tires, steering, suspension, transmission and rear underride guards. A lack of proper maintenance can result in malfunctioning brakes, engine, steering, and lights as well as tire blowouts.

When injuries or death result from mechanical defects and/or poor truck maintenance, one or more the following persons or entities may be legally liable: (1) the truck driver; (2) the trucking company; (3) the truck’s owner; (4) the maintenance company; (5) the manufacturer of the truck; and/or (6) the manufacturer of the defective parts.

Hazardous Material Spills are Dangerous

Flammable liquids are the most common type of hazardous material cargo to be involved in truck accidents. The FMCSA reports that in 2021 – the most recent year for which data is available – flammable liquids accounted for 42% of all hazardous materials released in fatal truck crashes.

Also in 2021, flammable liquids – which include gasoline, diesel fuel, and motor oil – accounted for 49% of the hazardous materials released from cargo compartments in trucking accidents resulting in injury or vehicle damage only.

3% of the trucks involved in fatal crashes in the U.S. in 2021 were carrying hazardous material cargo. 2% of the trucks involved in injury or property-damage-only accidents were hauling hazardous materials.

Cargo and Items Falling from Trucks Cause Serious Injuries

When cargo and items fall from trucks because they are not properly loaded and secured, they can land onto nearby passenger vehicles or in the roadway, causing serious injuries and loss of life. The FMCSA reports that fatal truck crashes involving overloading or improper loading of cargo occur every year.

Wrongful Death Lawsuits for Fatal Truck Accidents

A wrongful death lawsuit for a fatal truck accident that takes your loved one’s life can be filed against the negligent driver and other responsible parties. It allows you and your family to recover pain and suffering compensation and damages for your loss of your loved one’s companionship and financial support. (MCL 600.2922(1), (3) and (6))

The only person who can file the lawsuit is the personal representative of your loved one’s estate. (MCL 600.2922(2)) The person chosen as the personal representative must be approved by a judge in the Probate Court. A family member of your loved one such a spouse, children, or parents can serve as the personal representative or it can be someone from outside the family.

The relatives of your loved one who can recover compensation and money damages in a wrongful death  lawsuit after a fatal truck crash include: (1) spouse; (2) children; (3) descendants; (4) parents; (5) grandparents; and (6) siblings. (MCL 600.2922(3))

Lynda Nunez, Riverview

 

My husband was killed in an automobile accident involving a gravel hauler truck on the freeway. The left front steer tire of the gravel hauler blew on I-75 near the Rouge River bridge, and the truck hit my husband’s car, trapping him between the retaining wall and the gravel hauler … It became apparent that I needed to seek out an attorney. After interviewing four different lawyers, Steven Gursten of Michigan Auto Law stood out amongst them as the guy to go to for several reasons … He did so much research and he explored every possible avenue to get me the best settlement possible.

Truck Injuries And Injury Attorneys

Truck accident lawyers can assist you with many injuries resulting from truck accidents. These injuries can vary in severity, and an attorney can help you pursue compensation for your damages. Here are some common types of truck-related injuries that injury attorneys can help you with:
  • Whiplash and Neck Injuries: Whiplash is a common injury in rear-end truck collisions, causing neck pain, stiffness, headaches, and other symptoms.
  • Back Injuries: Truck accidents can cause serious back injuries, such as herniated discs, fractures, and spinal cord injuries.
  • Head Injuries: Head injuries can range from concussions to traumatic brain injuries (TBIs) to permanent brain damage to death. TBI victims also suffer from cognitive impairments, memory loss, and difficulty concentrating.
  • Fractures and Orthopedic Injuries: Truck accidents can result in broken bones, fractures, dislocations, and other orthopedic injuries. Injury attorneys can help victims recover damages for medical bills, surgeries, rehabilitation, and related expenses.
  • Spinal Cord Injuries: Spinal cord injuries can result from a direct blow to the spinal column from the direct impact of a crash. Symptoms include numbness and tingling in extremities, loss of bladder control, weakness in arms and legs, paralysis, and loss of balance or coordination.
  • Internal Injuries: Blunt force trauma in a truck accident can cause internal injuries to organs, resulting in serious complications. Injury attorneys can assist in seeking compensation for medical treatments, surgeries, and ongoing care for internal injuries.
  • Burn Injuries: In accidents involving fires or explosions, victims may sustain burn injuries that require extensive medical treatment and rehabilitation. Attorneys can help victims pursue compensation for medical costs, pain and suffering, and potential disfigurement.
  • Lacerations and Soft Tissue Injuries: Truck accidents can cause cuts, bruises, and other soft tissue injuries that may require medical attention. Injury attorneys can help victims recover compensation for medical treatment and other damages related to these injuries.
  • Emotional and Psychological Trauma: Truck accidents can be emotionally traumatic, leading to anxiety, depression, PTSD, or other psychological disorders. Attorneys can help victims seek compensation for therapy, counseling, and other mental health treatments.
  • Wrongful Death: In the tragic event of a fatality resulting from a truck accident, injury attorneys can represent the family of the deceased in a wrongful death claim to recover compensation for the costs of the funeral, financial support that used to be provided by the deceased, and money damages for family members’ emotional distress.

Complexity Of Truck Accident Cases

Truck accident lawsuit cases can be significantly more complex than car accident cases. The death rates are higher than with automobile crashes. Death and catastrophic injuries are common. Evidence must be preserved immediately, or it can be lawfully destroyed. Liable parties try to escape being held accountable by trying to hide their identities, concealing their assets, and withholding information about the extent of their insurance coverage. And the state and federal laws involved are very complex.

Here are some additional reasons for the unique complexity of truck accident cases compared to other areas of personal injury law:

  • Multiple Parties: Truck accidents often involve multiple parties, including the truck driver, the trucking company, the truck’s owner, the manufacturer of the truck or its components, and potentially others. Determining negligence, liability, and fault allocation among these parties can be highly contested and contentious.
  • Federal Regulations: Commercial trucks are subject to a complex web of federal rules, including the safety regulations of the Federal Motor Carrier Safety Administration (FMCSA). Violations of these regulations can be a contributing factor in truck accidents, and proving non-compliance can be challenging.
  • Size and Weight: Trucks are much larger and heavier than passenger vehicles, so the potential for severe injuries and damages is higher. Understanding the physics and mechanics involved in truck accidents is essential.
  • Evidence Preservation: Trucking companies and insurers often have rapid response teams dispatched to accident scenes to gather evidence. This can make it more challenging for victims to preserve crucial evidence independently.
  • Black Box Data: Many commercial trucks are equipped with Electronic Control Modules (ECMs), similar to the “black boxes” in airplanes, which record data about the truck’s operation. Extracting and interpreting this data can be complex and requires specific expertise.
  • Insurance Policies: Commercial trucking companies typically have substantial insurance policies, often with higher coverage limits than individual drivers. Navigating the complexities of these insurance policies and maximizing your compensation can be intricate.
  • Serious Injuries and Damages: Truck accidents are more likely to result in serious injuries and significant property damage. Calculating and documenting the full extent of these damages can be complex and may require expert testimony.
  • Disputes Over Liability: In many truck accident cases, there are disputes over liability, and various parties may attempt to shift blame onto others. 
  • Cross-State Jurisdiction: Truck accidents across state lines can involve different state laws and regulations, further complicating the legal aspects of the case.
  • Specialized Knowledge: Truck accident cases often require specialized knowledge in accident reconstruction, engineering, trucking industry practices, and federal regulations. Attorneys and experts with experience in these areas are necessary for a strong case.
  • Settlement Negotiations: Negotiating with trucking companies and their insurers can be challenging, as they often have teams of experienced adjusters and attorneys working to minimize payouts.
  • Litigation Process: If a truck accident case goes to court, the legal process can be protracted and complex, involving extensive discovery, expert witnesses, and potentially a jury trial.

Michigan Truck Accident Statistics

Below are 2022 statistics about Michigan truck accidents. They represent the most current data available from Michigan Traffic Crash Facts[1]

Michigan truck accident deaths and injuries:

  • There were 16,714 accidents involving heavy trucks.
  • There were 105 fatal heavy-truck accidents.
  • There were 2,759 injury-related heavy-truck accidents.

Causes of these truck accidents:

  • Truck drivers speeding: 759 crashes, 1 fatal crash, 167 injury crashes
  • Truck drivers failing to yield and disregarding traffic lights: 1,173 crashes, 8 fatal crashes, 696 injury crashes
  • Truck drivers unable to stop in assured clear distance: 1,502 crashes, 5 fatal crashes, 353 injury crashes
  • Truckers improperly using the lane: 907 crashes, 2 fatal crashes, 84 injury crashes
  • Truckers driving carelessly and negligently: 341 accidents, 2 fatal crashes, 56 injury crashes.

National Truck Accident Statistics 

Below are 2021 statistics about truck accidents in the U.S. They represent the most current data available from the National Highway Traffic Safety Administration (NHTSA).

Truck accident deaths and injuries in the U.S. in 2021:

  • There were 523,796 police-reported traffic crashes involving large trucks.
  • There were 5,788 people who were killed in traffic crashes involving large trucks.
  • There were 154,993 people who were injured in traffic crashes involving large trucks.

Statute Of Limitations For Michigan Truck Accident Lawsuits 

The statute of limitations for truck accident lawsuits in Michigan, MCL 600.5805(2), is three years from the date of the crash. This means that you have three years from that date to file a lawsuit in a Michigan court seeking compensation for your injuries and damages.

Failing to file a lawsuit within the applicable statute of limitations will result in the loss of your right to pursue a legal claim for your injuries and damages. You will be forever barred from filing a lawsuit against the driver and/or owner of the truck involved in your accident.

Here’s What To Do After A Truck Accident 

  • Call the police and seek medical attention.
  • Document all of your injuries.
  • Get help from an experienced truck accident attorney right away.
  • Notify your auto insurer immediately.
  • File your application for No-Fault benefits.
  • Check your insurance policy for notification requirements.
  • Check your policy for uncoordinated benefits.
  • Never give statements or sign releases.

How A Michigan Truck Accident Attorney Can Help

A Michigan big rig accident attorney can provide significant help and support in navigating the legal system, protecting your rights, and pursuing the compensation you deserve after a truck accident. Their expertise can significantly increase your chances of a successful outcome and fair compensation for your injuries and damages.

Remember that timing is crucial. There is no time to waste. Within 3 months of the crash, the law allows the trucking company’s lawyers to start destroying evidence – especially the evidence you will need to prove liability and damages in your case.

Here’s how a commercial vehicle accident lawyer can assist you:

  • Investigation: Attorneys have the resources and experience to investigate the truck accident thoroughly. They can gather evidence, interview witnesses, obtain accident reports, and work with accident reconstruction experts to establish liability.
  • Determining Liability: Truck accidents can involve multiple parties, including the truck driver, trucking company, and potentially others. Attorneys can help determine who is liable for the accident and hold them accountable.
  • Navigating Complex Laws: Truck accidents often involve complex federal and state regulations. Attorneys are well-versed in these laws and can ensure compliance and identify any violations that may have contributed to the accident.
  • Dealing with Insurance Companies: Trucking companies typically have insurance with higher coverage limits than individual drivers. Your attorney will negotiate with the insurance company to ensure your settlement reflects the trucking company’s increased coverage.
  • Calculating Damages: Attorneys can help calculate the full extent of your damages, including medical expenses, lost wages, property damage, pain and suffering, and more. They may also work with medical experts and economists to provide accurate assessments.
  • Filing Legal Documents: The legal process involves a considerable amount of paperwork, including filing the lawsuit, motions, responses, and other documents. Attorneys handle these tasks and ensure all deadlines are met.
  • Settlement Negotiations: Attorneys are skilled negotiators who can advocate for a fair settlement. They know how to evaluate offers and advise whether a settlement is in your best interest or if it’s better to proceed to trial.
  • Litigation Representation: If the trucking company or insurer refuses to settle and your case goes to trial, your lawyer will present your case to the jury, question witnesses, and ask that the jury return a verdict in your favor.
  • Expert Witnesses: Attorneys can enlist the help of expert witnesses, such as accident reconstruction specialists or medical professionals, to provide credible testimony in support of your case, no matter what the road collision type.
  • Legal Guidance and Support: Throughout the process, attorneys provide guidance and support, answering your questions and helping you make informed decisions about your case.
  • Contingency Fees: Many truck accident attorneys work on a contingency fee basis, which means they only get paid if you win your case. This arrangement can make legal representation accessible to those who might not otherwise be able to afford it.
  • Peace of Mind: Having an attorney on your side allows you to focus on your recovery and well-being while they handle the legal complexities of your case.

Claims and Compensation

A truck accident lawyer can help you pursue various claims and seek compensation for a wide range of damages and losses resulting from a truck accident. The specific claims and compensation that a lawyer can assist you with may include:
  • Pain and suffering compensation
  • Excess medical bills (i.e., medical expenses that exceed the coverage limit in their auto insurance policy)
  • Excess lost wages (i.e., lost wages that exceed the yearly and monthly limitations under Michigan law)
  • Wrongful Death Claims: In cases where a loved one has died as a result of a truck accident, an attorney can help you file a wrongful death claim to seek compensation for (1) Funeral and burial expenses; (2) Loss of financial support and future earnings; (3) Loss of companionship and consortium; (4) Emotional distress and suffering
  • Uninsured or Underinsured Motorist Claims: If the at-fault party does not have adequate insurance coverage, your attorney can help you pursue claims under your own uninsured or underinsured motorist policy.

Examples of Settlements in Michigan Truck Accident Cases

Injured In A Truck Accident? Call The Attorneys At Michigan Auto Law For A Free Consultation

If you were injured in a truck accident in Michigan, call now (800) 968-1001 for a free consultation with one of our experienced truck accident lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in truck and motor vehicle accidents.

Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms. This allows us to focus more time and attention on our cases.

Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions.

We have more than 2,000 5-Star reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in Michigan. We’ve also recovered the highest-ever reported car accident and truck accident settlement in the state.

Call now so we can start making a real difference for you.

Nola R.

My attorney Josh and his team were a great help. They got back to me in a timely manner, and there was always someone available to call me back. We found Michigan Auto Law online and as soon as we reached out someone came out and got things started right away. We settled in 5 months! Thanks to all Michigan Auto Law! Everyone!

Our attorneys have a proven track of winning more million-dollar auto accident results than any law firm in Michigan, and they are known for treating every client with compassion, care and respect.

FAQs About Truck Accidents​

 

If you’ve been in injured in a crash with a tractor-trailer, you are certain to have a long list of questions about what to do next and what to expect from the litigation process. We’ve covered a few of our frequently asked questions (FAQ) below and you can read more FAQs here.

How much experience do you have with truck accident cases? 

The truck accident lawyers at Michigan Auto Law have been specializing exclusively in helping truck and car accident victims for more than 50 years. We are the only law firm in Michigan with Board Certification in Truck Accident Law. Attorney Steven M. Gursten is one of only 3 lawyers in the U.S. to be admitted by the American Association for Justice to the Truck Accident Lawyers’ Hall of Fame. And our lawyers have a proven track record of winning the top-reported truck crash settlements and verdicts. 

What can I expect during the legal process?

Expect to be treated with compassion, caring, and respect by our lawyers. We guarantee that all of your calls will be returned – and your questions answered – within 24 hours. We will inform you about our investigation into the cause of your accident, the filing of the lawsuit, the depositions of the responsible parties, and settlement negotiations.

What are your fees?

You will not pay our attorney fee unless and until we deliver you a winning settlement or trial verdict in your case. We charge a ⅓ or 33% contingency fee, which means your fee payment is contingent on us winning your case. You will only pay after your case has been completed. You will not be asked to pay anything up-front or while your case is pending.

Who Can I Sue If I Was Hit By A Truck? 

The people and entities whom you can sue and hold legally liable if you were hit by a truck include: (1) the truck driver; (2) the trucking company; (3) the owner of the tractor and/or the trailer; (4) the company responsible for maintaining the truck; (5) the shipping company; (6) the loading company; (7) the load broker; (8) the leasing agent; and (9) the manufacturer of the truck, trailer, or equipment.
 

Do Truck Drivers Have Limits on Hours They Can Legally Drive? 

The limits on the hours that truck drivers can legally drive are known as the FMCSA’s “Hours-of-Service” safety regulations. Generally, a driver carrying property can drive a maximum of 11 hours whereas a driver transporting passengers can drive for a maximum of 10 hours. (49 CFR §395.3(a)(1-3)49 CFR §395.5(a)(1))
 
Here are the time limits on the hours for truck drivers carrying property:
  • A driver operating a property-carrying commercial motor vehicle may drive a total of 11 hours after coming on-duty following 10 consecutive hours off-duty. (49 CFR §395.3(a)(2) and (3)(i))
  • The driver may not drive for more than 8 hours unless he or she takes a consecutive 30-minute break. (49 CFR §395.3(a)(3)(ii))
  • No motor carrier can permit or require a driver operating a property-carrying commercial motor vehicle to drive after the driver has been on duty for 60-70 hours during a period of 7-8 consecutive days. (49 CFR §395.3(b))
Here are the time limits on the hours for truck drivers transporting passengers:
  • A driver operating a passenger-carrying commercial motor vehicle may drive a total of 10 hours following 8 consecutive hours off duty. (49 CFR §395.5(a)(1))
  • No motor carrier can permit or require a driver operating a passenger-carrying commercial motor vehicle to drive after the driver has been on duty for 60-70 hours during a period of 7-8 consecutive days. (49 CFR §395.5(b))
Michigan law has adopted the FMCSA’s Hours-of-Service Regulations. (MCL 480.11a(1)(b))

What are Michigan No-Fault Insurance Benefits? 

Michigan No-Fault insurance benefits are provided to Michigan residents who have been injured in car or truck accidents in the state. The No-Fault law requires insurers to pay benefits to help cover the cost of medical bills and lost wages where a victim’s injuries prevent him or her from going back to work.

Do Trucks have Large Liability Insurance Policies?

Federal law and federal safety regulations from FMCSA require that trucks carry large liability insurance policies with minimum coverage limits of at least $750,000. (49 U.S. Code § 31139(b)(1) and (2)49 CFR Part 387.9)
 
The FMCSA has acknowledged that this minimum coverage level is insufficient:
 
  • “When catastrophic and severe/critical injury crashes [involving commercial motor vehicles] do occur, the costs of resulting property damage, injuries, and fatalities, can far exceed the minimum levels of financial responsibility.”

How Much Does it Cost to Hire a Truck Accident Attorney? 

It costs you nothing up front and you will only have to pay our fee if we recover a winning settlement or trial verdict in your case. We charge a ⅓ or 33% contingency fee, which means that you pay our fee as a percentage of what we recover for you. Michigan allows us to charge a one-third contingency fee. (MCR 8.121(A) and (B))
 
We will never ask you to pay while your case is pending. You will only pay our fee after your case has been completed and ONLY if we win for you. 
This page was reviewed by Steven M. Gursten
This page was reviewed by Steven M. Gursten

You do not have to pay anything up front or while your case is pending. You pay our fee only after your case is done and only if we recovered a winning outcome.

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