Being in a collision with a truck is one of the most life-altering accidents that a person could have. Even with proper preparation of staying visible, refraining from tailgating or cutting them off, once it happens-the weight of the experience can worsen afterwards.
After an accident with a semi-truck, going to the doctor for physical recovery should be your first priority, and contacting a Dearborn truck accident lawyer for financial recovery should be next. It is important to know who you can rely on to navigate through this legal process
At White Law PLLC, our lawyers have the knowledge to protect your rights and the dedication to serve your interests. We offer a risk-free consultation to discuss your case free of charge. Keep reading to learn more about insurance claims, accident liability, settlement factors, and more.
Type of Insurance Claim to File After a Truck Accident in Michigan
In Michigan, we have a no-fault auto insurance system, which allows drivers to receive no-fault Personal Injury Protection (PIP) benefits from their respective insurance companies whether or not they are “at-fault” for an accident.
When handling truck accident claims, additional insurance factors like trucking insurance policies, need to be taken into account. The following type of claims can be filed to recoup damages:
First-Party Claim
People who have the necessary insurance and are involved in a car or truck accident in Michigan may make a first-party claim against their own insurance provider to recover costs such as medical bills, in-home care, replacement services, specialized transportation, and medical mileage. They are frequently referred to as no-fault PIP benefits.
Third-Party Claims
In Michigan, those who have been hurt in a vehicle or truck accident have the right to make claims against the other party or parties who they believe were at fault for the accident. The plaintiff may receive pain and suffering damages with the third party claim. However, there are a few considerations when submitting a third-party claim.
Your Fight Is Our Fight
Identifying Parties Liable for a Truck Accident
The parties that may be held accountable will vary depending on the specifics of the accident; each case is unique. The following parties are those who are most frequently found at fault in truck accident cases:
- The business that loaded the truck
- The shipper who hired the trucking company
- The truck driver
- The owner of the semi-truck or 18-wheeler
- The owner of the trailer
- The trucking company
- The manufacturer
Investigating liability can be a complicated process that takes resources and time that recovering survivors may not have. A Dearborn, MI truck wreck attorney has the legal team available to provide full support for investigations, follow-ups, and more. In the event that multiple parties are to blame, this find may increase your settlement.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
Michigan’s “Statute of Limitations” and How It Applies to Your Truck Accident Case?
Each state has a “statute of limitations”, which is a legal deadline that places a time restriction on how long a truck accident victim has to bring forth a personal injury claim against the at-fault party.
In Michigan, individuals have three years to initiate a lawsuit. There are exceptions to this rule that a truck accident lawyer in Michigan can file on your behalf, but they are limited to extreme circumstances. After three years, survivors forfeit their ability to file a suit for any and all damages.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Factors Included in Your Michigan Truck Accident Settlement
After consulting with a truck wreck lawyer in Dearborn, MI regarding the cost of your accident expenses, they can advise you on the best course of action to take for reimbursement.
You might be eligible for No-Fault PIP payments in your first-party case, which would cover things like lost wages, attendant care and replacement services, medical costs, etc. Survivors of the deceased may be entitled to some survivor’s loss benefits, such as burial expenses.
Your third-party action has no cap on non-economic damages like pain and suffering. There is currently no cap on the amount you can ask the other party to pay you. There are limits on the insurance coverage that protect trucking companies. Federal law mandates that the minimum policy limit for interstate shipping cases be $750,000.
You will always work directly with your attorney throughout your case.
Wrongful Death Liability in Michigan
The victim of a Michigan trucking accident may file a lawsuit against the at-fault party for pain and suffering damages if there are catastrophic injuries or wrongful deaths.
The wrongful death victim’s family members may also file a lawsuit for pain and suffering if the accident resulted in their loss. The settlement for wrongful death cases often include:
- Medical costs
- Funeral expenses
- Burial billing fees
- Loss of consortium
- Loss of inheritance
- Emotional distress
Legal Advice on Communicating With the Insurance Company Post-Accident
As a truck accident attorney, Dearborn, MI clients are advised to refrain from making any recording statements or agreeing to any releases requested by the transportation company or its insurance provider.
If you ever find yourself in this predicament, get legal counsel right away. Before signing any documentation issued by your own insurance provider, you should speak with a lawyer. By doing this, you can be sure that you are not unintentionally reneging on important rights.
Schedule a Free Appointment with a Truck Lawyer Today
Make an appointment with us to receive a free, no-obligation case examination. We are aware that many survivors are under stress as a result of this challenging scenario, but we are still here to support you. Our skilled group of Dearborn, Michigan, truck accident lawyers has handled numerous cases with success and will continue to go above and beyond.
White Law PLLC was founded to represent people who have been hurt by another person, and we won’t stop fighting to get you the justice you need. We hope to connect with you when you’re ready.
We’re Experienced. We Care.
We Exceed Client Expectations.
