Michigan Truck Accident Negligence: Establishing Your Claim
To establish your claim for truck accident negligence in Michigan, you must show that the driver who injured you violated the traffic laws and/or the federal and state safety regulations that apply to big rig drivers. By gathering evidence to prove your claim, you may be able to recover pain and suffering compensation and money damages.
In Michigan, the key elements to proving a truck accident negligence claim against a semi truck driver are: (1) duty of care, (2) breach of that duty, (3) causation, i.e., the breach of duty caused the wreck, and (4) damages in the form of personal injuries, medical expenses, lost wages and pain and suffering.
There are many types of evidence that can establish a truck accident negligence claim in Michigan. Some examples include: (1) witness statements, (2) physical evidence from the crash scene, (3) data from the tractor-trailer’s EDR, or black box, (4) records from the trucking company, including the ELD logs that can show when a driver is over hours of service, and (5) surveillance video, such as from the truck’s dash cam, other vehicles, or from businesses or government buildings nearby.
What is truck accident negligence?
Truck accident negligence refers to any actions or omissions by a truck driver that breach their duty of care, resulting in an accident that injures or kills others. Examples include violating traffic laws and trucking safety regulations, distracted driving, speeding, and impaired driving.
This type of negligence is commonly defined as the failure of a semi truck driver to use the level of care that a reasonably careful driver of a commercial vehicle would use under similar circumstances.
Common types of truck accident negligence
Negligence that can cause a truck accident in Michigan can take many forms, including:
- Blind spots – Trucks have “blind spots” which are areas or zones around their vehicle where the driver cannot see other vehicles, bicyclists, motorcyclists or pedestrians.
- Compliance Violations – Failure to comply with federal and state safety regulations can cause crashes.
- Disregarding Traffic Signals – Failing to stop at a stop sign, yield for a yield sign, and/or reduce speed because of an upcoming construction zone can result in injury or loss of life.
- Driver Fatigue – Under pressure by their trucking companies to drive longer hours and more miles, operators will violate their hours-of-service limitations and fail to get essential rest, causing them to fall asleep behind the wall or be drowsy to respond safely to the changing driving conditions around them.
- Drugs – Driving under the influence of drugs is dangerous, potentially deadly, and against the law. Intoxicating substances like drugs and alcohol impair a driver’s judgment and slow his or her reaction times.
- Drunk Driving – As with drugged driving, driving under the influence of alcohol is dangerous, potentially deadly, and against the law.
- Failure To Yield
- Bad Road Conditions
- Hit and Run
- Improper Backing Up
- Improper Passing and Turning
- Distracted driving – Truck drivers are prohibited by state and federal laws and safety regulations from texting while driving and from talking on the phone while driving. These distracting activities needlessly and dangerously take their eyes and attention off the road.
- Intersections – Failure to pay attention and obey traffic traffic signals and signs can result in an at-fault collision.
- Oversized Load
- Poorly Screened Truck Drivers
- Poorly Planned Routes
- Spillage of Contents
- Tailgating
- Unrealistic schedules
- Unsafe Lane Changes
- Speeding – This is one of the most common, driver-related causes of truck collisions. Operating at an excessive speed increases the chance that a driver will lose control of his or her tractor-trailer. It also prevents drivers from being able to slow down or stop within a safe distance of other vehicles.
How is negligence established in Michigan truck accident claims??
In Michigan, to establish your truck accident negligence claim, you must show that the at-fault truck driver owed you a duty of care and that he or she breached that duty by driving negligently. You must also show that the driver’s negligence caused the accident and your injuries and damages.
The four key elements to a Michigan truck accidet negligence claim after a tractor-trailer crash are:
- Duty of Care: The duty of care that the driver of a semi truck owes to you is generally established by state and federal laws and regulations which require a big rig operator to use the level of care that a reasonably careful driver in his or her position would use under the conditions that existed at the time of your crash.
- Breach of Duty: You must show that the truck driver breached their duty of care by failing to exercise reasonable caution. This can be proven by demonstrating that the driver engaged in negligent behaviors such as failing to exercise the necessary level of care, violating state and local traffic laws, disobeying federal safety rules and regulations, distracted driving, operating while under the influence of drugs or alcohol, /and/or speeding.
- Causation: In Michigan, you must establish a clear link between the truck driver’s negligence and the accident. This requires demonstrating that the driver’s actions directly caused or significantly contributed to the crash.
- Damages: Finally, you must provide evidence of the damages you suffered as a result of the accident. This can include pain and suffering, wrongful death (in the event that a crash has taken the life of your loved one), medical bills, lost wages, and other economic and non-economic losses.
How to Prove truck accident negligence in Michian
Proving truck accident negligence in Michigan requires gathering evidence to support each element of your claim.Here are some essential steps that you and your lawyer must take to get the evidence you’ll need to build a successful case:
- Gather Police Reports: Obtain copies of the accident report filed by law enforcement officers at the scene. These reports often contain valuable information regarding the cause of the accident and any citations issued to the truck driver.
- Collect Witness Statements: Eyewitness testimony can be crucial in establishing truck accident negligence in a Michigan case. Speak to any witnesses at the scene and gather their contact information. Their statements can support your claim.
- Preserve Physical Evidence: Take photographs of the accident scene, including vehicle damage, skid marks, and road conditions. Preserve any physical evidence, such as debris or malfunctioning truck parts, that may help establish your Michigan truck accident negligence claim.
- Obtain Trucking Company Records: Request records from the trucking company, including the driver’s logs, maintenance records, and any evidence of previous safety violations. These records can shed light on the truck driver’s negligence.
- Subpoena Cell Phone Records of the Driver and Trucking Company: This will help you determine whether the operator and/or his or her employer were violating state and federal safety regulations barring truckers from texting and/or using cell phones while they’re behind the wheel.
- Request Electronic Logging Device (ELD) Data: Commercial trucks are equipped with ELDs that record critical information such as driving hours, speed, and rest breaks. Analyzing this data can help determine if the driver violated federal hours-of-service regulations and contributed to the accident.
- Secure Black Box Data: Similar to ELDs, trucks often have black boxes that record data such as speed, braking, and acceleration. This data can provide valuable insights into the driver’s actions leading up to the accident.
- Subpoena Video Surveillance Footage: If the accident occurred near businesses or residential areas, there may be surveillance cameras that captured the incident. Obtaining this footage can provide objective evidence of the truck driver’s negligence.
- Review toxicology Reports: When a semi truck driver has been tested for the presence of drugs, alcohol and/or other intoxicating substances, these reports will help you determine and make your case for the fact that the driver was “under the influence” at the time of the crash.
- Consult with expert witnesses: Talking with experts in fields such as accident reconstruction, medicine, caring for catastrophically injured truck wreck victims, and economists will allow you to build and strengthen your case both from a liability and compensation and damages perspective.
Expert Witnesses in Truck Crash Cases
Expert witnesses who will likely play a crucial role in establishing negligence in your Michigan truck accident case include:
- Accident Reconstructionists: These experts use scientific methods to analyze the physical evidence and the collision site in order to recreate the accident and determine what factors such as speed, impact angles, and driver behavior caused the crash. Their analysis provides valuable insights into the causation element of your claim..
- Medical Experts: In Michigan truck accident negligence claims that involve severe injuries, medical experts such as doctors, surgeons, and rehabilitation specialists can testify about the extent of your injuries, your necessary medical treatment for the present and in the future, and the long-term disabling consequences of your injuries. This expert testimony is extremely important for establishing both your pain and suffering compensation and your economic damages for medical expenses and lost wages.
- Commercial Vehicle Regulations Experts: These experts are well-versed in the intricate federal safety regulations governing the trucking industry. They can analyze the truck driver’s actions and identify and explain how violations of the regulations were contributing factors in your crash.
- Economists or Financial Experts: These witnesses can help estimate the financial impact of the accident, including costs associated with medical bills, lost wages, and future earning potential.
Types of Compensation Available
Compensation for your injuries and damages for your Michigan truck accident negligence claim may include:
- Medical Expenses: Compensation for current and future medical bills, including hospital stays, surgeries, medication, physical therapy, rehabilitation, and ongoing treatment. This is especially important when your injury-related disabilities are long-term or permanent.
- Lost Wages: Reimbursement for the income lost due to the accident and any future loss of wages resulting from long-term disabilities.
- Pain and Suffering: Compensation for physical pain, emotional distress, and the impact that the accident and your injuries have had on your life, including but not limited to your ability to live your normal, pre-collision life.
- Wrongful Death: In cases where a loved one has died as a result in truck accident due to truck driver negligence in Michigan, you may be eligible to seek compensation for pain and suffering, funeral and burial expenses, loss of financial support, and loss of your loved one’s companionship.
Injured in a Michigan crash as a result of truck accident negligence? Call Michigan Auto Law now!
If you’re suffering from injuries caused by truck accident negligence and have questions about your rights to compensation and money damages, call Michigan Auto Law now (855) 960-3320 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 semi truck crashes. Our attorneys have recovered the largest truck crash settlement of any lawyer or law firm in Michigan, and our law firm is the only law firm in Michigan that has a board certification in truck crash law from the National Board of Trial Advocacy. Attorney Steven Gursten has also been voted into the American Association for Justice (AAJ) truck crash lawyer hall of fame, one of only 3 lawyers in the entire country to receive this honor.
The secret to our success in trucking cases? Our attorneys deliberately handle fewer cases than other personal injury law firms, including the big ones you see on TV. This allows us to focus more time and attention on our cases and our clients. More time spent working on your case means better results, including our law firm having recovered the largest reported jury verdict and insurance settlement over more years than any other law firm in the state, according to Michigan Lawyers Weekly year-end compilation of the highest jury verdicts and settlements.
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Call now so we can help with your Michigan truck accident negligence claim and start making a real difference for you.
