You may drive your car and expect a pleasant experience. However, a truck may barrel into your vehicle, resulting in an injury. In this instance, you may want to partner with a Southfield personal injury lawyer since they may help you pursue damages from anyone responsible for your crash.
At White Law PLLC, we have handled many trucking crash cases. A Southfield truck accident lawyer is available to review your case and help you determine if now is the right time to seek damages. For more information, reach out to us.
Truck Accident Causes
According to the National Safety Council (NSC), large trucks make up 5% of all registered vehicles in the United States. You may be involved in a trucking collision due to no fault of your own. Common reasons why truck crashes happen include:
- Inexperienced truck driver
- Driving a truck while high or intoxicated
- Driving a truck while distracted
- Speeding
The cost of a trucking accident may be significant. You may be protected against losses under your auto insurance policy. Yet, there are times when it may be in your best interests to hire a truck accident attorney in Southfield, MI and pursue compensation from whoever is responsible for your collision.
Your Fight Is Our Fight
Michigan Trucking Laws
There are federal regulations for truckers and trucking companies. Failure to follow any of these requirements may lead to safety issues. Truck laws in effect include:
Hours of Service
The Federal Motor Carrier Safety Administration (FMCSA) has hours of service laws in place that regulate how long a trucker can drive. Truck drivers are required to take breaks. If they spend too much time behind the wheel, they may get tired and cause an accident.
Commercial Driver’s License (CDL)
To legally drive a commercial motor vehicle (CMV), an individual must have a CDL. People over the age of 18 may be eligible for a CDL that allows them to drive within Michigan, or over the age of 21 to get a license that enables them to travel out of state. They must also complete a training course and skills test.
Cargo Securement
FMCSA announced new cargo securement rules on September 27, 2022. The rules are designed to prevent cargo from moving around during transit. If a trucker or trucking company does not comply with these rules, items may shift around in a truck, leading to a roll- or tip-over accident.
Weight and Size Limits
There are maximum legal truck loadings and dimensions for vehicles traveling in Michigan. A vehicle may not be allowed on certain roads if it exceeds its weight limits. Along with this, a single vehicle with or without a load may not be longer than 40 feet.
Truck drivers and their employers are expected to follow federal and state laws. If a trucker or trucking company chooses not to do so, they may put motorists and pedestrians at risk. In a situation where a trucking driver or their employer does not comply with a regulation and an accident happens, they may be held accountable for the incident.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
What to Do After a Trucking Accident
In the moments following your truck collision, you may feel frustrated and angry. Regardless, it may be best to try to remain calm, cool, and collected. At this point, here are things you can do to get through the incident without putting yourself or anyone else in danger:
- Call 911. This will prompt police officers and medical personnel to come to the accident scene.
- Document the accident. Get the contact, driver’s license, and insurance information from the trucker involved in your crash and capture photos and videos at the scene.
- Notify your insurance company. Tell your insurer about your crash, and they may be able to take advantage of your no-fault insurance benefits.
- Contact a Southfield truck accident lawyer. Speak with an attorney about your accident, and they may help you get compensation for your losses.
White Law PLLC is a nationally recognized Michigan personal injury law firm. Our Southfield truck accident attorney can take a look at your case and go over your legal options with you. To learn more, get in touch with us.
We know how to get our clients the results they need in the toughest legal arenas.
Truck Accident Insurance Claim
You may be covered under your auto insurance policy for your trucking accident, even if you are not responsible for the crash. Following your accident, you can notify your insurer about your collision. In the best-case scenario, you may have sufficient coverage for all of your crash-related losses.
If your insurance policy does not have enough coverage, you may have to submit an injury claim against the party responsible for your crash. A truck accident lawyer in Southfield may help you file this claim. They can make sure you seek damages in alignment with Michigan’s statute of limitations for injury claims.
In many cases, the statute of limitations for personal injury cases in Michigan is three years. This means you may have up to three years from the date of your trucking crash to pursue compensation from any at-fault parties. A truck accident attorney in Southfield can help you identify the party responsible for your crash and file a claim before your window to do so lapse.
You will always work directly with your attorney throughout your case.
Trucking Accident Liability
Figuring out who is responsible for your trucking crash may be difficult. An attorney may examine the facts surrounding your collision. This may help your lawyer find out who caused your crash and help you submit your claim accordingly.
A truck driver may be held accountable for a collision. For instance, a trucker may work as an independent contractor for Amazon. If this driver causes a collision, you may want to partner with a Michigan Amazon truck accident lawyer who may help you pursue damages.
There are instances where a truck company, cargo loader, or another party is at fault for a trucking crash. No matter who is responsible for your collision, you are accountable for the burden of proof. You must provide evidence to show an at-fault party was negligent — if you cannot, you may not be able to secure any compensation.
Proving Negligence in a Truck Accident Case
You may claim a trucker, or someone else is at fault in your truck collision case. To get damages, you must make it clear to a judge or jury that the at-fault party was negligent. This requires you to show the following elements of negligence were present at the time of your collision:
- Duty of Care: The at-fault party was legally responsible for acting in a careful and reasonable manner toward you.
- Breach of Duty of Care: The party violated their legal obligation by acting carelessly and recklessly.
- Causation: You suffered an injury because the party breached their duty of care.
- Damages: You are dealing with quantifiable or subjective losses as a result of the party’s actions.
Your lawyer can help you gather a wide range of evidence. Each piece of proof at your disposal may help you strengthen your case. Most importantly, your evidence may help you get your desired case results.
Truck Collision Evidence
You may provide photos and videos of the accident scene, medical records, and other forms of proof to support your argument. There are also several pieces of evidence you may get from the trucking driver or their employer. These include:
- Black Box Data: You may use information from a truck’s electronic monitoring device to show a trucker was speeding or doing other things behind the wheel that put you in danger.
- Dashcam Footage: If a truck is equipped with a dashcam, you may be able to collect footage from it that verifies a trucker was negligent.
- Truck Maintenance and Repair Records: You may utilize these records to confirm that a trucking company did not properly maintain or repair its vehicles.
- Trucker’s Cell Phone Records: With cell phone records, you may be able to show a truck driver was talking or texting at the time of your accident.
The evidence needed in distracted driving accident cases and others involving a negligent truck driver may be significant. Your attorney can work with you to find proof and determine how to incorporate it into your argument. If you have an abundance of evidence, you may be able to prove you deserve a substantial amount of economic and non-economic damages.
Truck Crash Case Damages
Generally, economic and non-economic damages are available in Michigan personal injury cases. Economic compensation may be awarded for losses you can quantify, and non-economic damages may be provided for subjective harm. Examples of economic and non-economic damages offered in trucking crash cases include:
- Car repairs or replacement
- Medical bills
- Lost wages
- Pain and suffering
In addition to these, punitive damages may be provided. A judge or jury may award punitive compensation to deter an at-fault party from committing future acts of negligence. Punitive damages may be given out in combination with economic and non-economic compensation.
How Much Your Trucking Accident Case Is Worth
What your truck crash case is worth depends on the severity of your injury and other factors. Your attorney can help you determine your damages. They can craft an argument designed to show a judge or jury you deserve the most compensation possible.
Just because you ask for a certain amount of compensation does not guarantee you will receive it. An at-fault party or their insurance company may work diligently to avoid paying your damages. They may attempt to show your damages are not as bad as you report or claim you are in some way at fault for your collision.
When you have an experienced legal team at your side, you can resolve legal challenges before they escalate. An attorney may help you build a compelling argument that the defendant in your case struggles to contest. They may also dispute any claims against you so you can show a judge or jury you are in no way responsible for your crash.
Comparative Negligence in a Trucking Crash Case
If you are found to be partly at fault for your trucking crash, you may lose compensation. This is due to Michigan’s comparative negligence law. Your attorney can explain this law to you in detail and how it applies to your case.
With comparative negligence, you may have the damages you receive reduced by your percentage of fault if you are less than 50% responsible for your truck crash. As an example, a judge or jury may say you are 20% at fault for your collision. If this happens, you may get 80% of the damages you initially requested.
In a case where you are found to be more than 50% at fault, you may not receive any damages. If this occurs, a judge or jury says the defendant in your case is less responsible for your collision than you. Thus, the defendant is not responsible for paying any of your damages.
Trucking Crash Case Settlement
If you are involved in a truck crash case, you may be wondering how long a personal injury lawsuit takes in Michigan. You may need months or years before you receive compensation in your case. Fortunately, you may have the opportunity to negotiate a settlement, allowing you to get money without having to go to trial.
The defendant in your case may propose a settlement. In this situation, your attorney will notify you about the offer. You can review the offer with your lawyer, weigh its pros and cons, and decide whether to move forward with it.
Your lawyer may urge you to decline a settlement proposal if they believe it is well short of what you may get if you bring your case to trial. If you do not feel a settlement provides you with enough compensation, you can decline it. Conversely, if you are satisfied with an offer, you can accept it, which will close your case.
Hire a Truck Accident Lawyer in Southfield
At White Law PLLC, your fight is our fight. We make fighting for our clients our top priority and are here to help you with your truck crash claim in any way we can. To schedule a free consultation with our Southfield trucking accident attorney, contact us today.
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