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In 2020, there were 11,867 accidents involving trucks and buses in Michigan, resulting in 2,001 injuries and 78 fatalities. The greatest number of the accidents involved tractor-trailers, or semis, totaling 4,064 crashes, 815 injuries, and 36 deaths.
An accident with a big rig, as they are popularly called, can be devastating. These trucks can weigh up to 80,000 pounds or more, and your vehicle of 5,000 pounds or less is not going to be a match in a collision despite airbags and seatbelts. You can suffer serious injuries or not even survive the accident.
If you or a loved one has been injured in an accident with a large truck, or worse, a loved one has lost their life, contact Ratton Law Group PC. We proudly serve clients in Detroit, Wayne County, and all neighboring communities. Our team of attorneys includes those with medical training, so we can bring a unique perspective to your situation and help you obtain the just compensation you deserve. Call (313) 631-0502 today for a free consultation about your case.
Laws Governing Trucks and Trucking Operations
The Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (USDOT) enforce trucking regulations found in Title 49 of the Code of Federal Regulations. These regulations cover everything from the training of drivers to the maintenance of the trucks to working conditions and limitations.
Drivers under the code are allowed to work 14 hours a day, but only 11 of them can be behind the wheel. They must get 10 hours off between shifts. In addition, a driver can’t operate their vehicle more than 60 hours in a 7-day period or 70 hours in 8 consecutive days if there is a day off in between.
The trucks must be equipped with an automatic logging device to record hours of operation and routes taken. If not, the driver must keep a manual log. These can prove to be valuable tools in pursuing a claim after a collision with a truck.
What Are the Most Common Causes of Truck Accidents?
Like car accidents, there are many different reasons that truck accidents happen. Truck drivers who don’t follow federal regulations are much more likely to cause dangerous situations on the road. However, even simple human error or a bad judgment call can lead to injuries and crashes.
The most common causes of truck accidents include:
Driver Fatigue
Truck drivers are required to rest for every certain number of hours they drive. However, some drivers will forgo these rest hours in favor of making deadlines. Tired drivers may make mistakes or even fall asleep at the wheel.
Impaired Driving
Truck drivers under the influence of drugs or alcohol are incredibly dangerous. Controlling a commercial vehicle while impaired is nearly impossible. While truck drivers are often subjected to random drug tests, there are some drivers who manage to drive while impaired.
Inexperienced Driving
Driving a commercial vehicle requires special training and knowledge. Trucking companies are responsible for hiring experienced drivers or training inexperienced ones. When drivers don’t know how to control a truck, they can cause accidents.
Unfamiliarity With the Roads
Many drivers have to take routes and roads they have never been on before. Some drivers make mistakes, taking trucks onto roadways that cannot handle large vehicles. Being unfamiliar with the area can cause drivers to crash.
Poor Truck Maintenance
Commercial trucks must be maintained properly to stay in working order. When vehicles are not maintained, the equipment can fail. Truck malfunctions can lead to brake and engine loss.
Poor Road Conditions
Potholes and other road hazards can cause trucks to swerve or tilt. When roads are not maintained properly, truck accident victims can suffer severe injuries.
Poor Weather Conditions
Rain, snow, sleet, and hail can cause poor visibility and slippery roads. Commercial vehicles are hard to control during bad weather.
Improper Cargo Loading
For semi-trucks and tractor-trailers hauling cargo, it’s essential that they are loaded properly. An improper cargo load can cause a truck to slide or even roll over. When improper cargo causes an accident, you may be able to hold the cargo loading company accountable.
What Are the Most Common Injuries After a Truck Accident?
While all motor vehicle accidents have the potential to cause injuries, truck accident victims often suffer severe and life-changing injuries. Because commercial vehicles are so much larger than passenger vehicles, truck accidents often cause catastrophic and long-term ailments.
The most common injuries after a truck accident include:
Head Injuries
The severe impact from the crash can cause victims to hit their heads, leading to head and brain injuries. Traumatic brain injuries, concussions, and closed head injuries are all common.
Spinal Cord Injuries
Injuries to the back and neck can damage the spinal cord. When the spinal cord is damaged, it can lead to temporary or permanent paralysis. Many victims with spinal cord injuries undergo extensive treatments and surgeries.
Broken Bones
Your extremities are at risk of breaking in a truck accident. Many victims suffer from broken arms, wrists, legs, and ankles.
Burns
Hot engine components or ignited fuel can lead to burn injuries. Severe burns can lead to months of recovery time, and some victims suffer permanent scarring.
Nerve Damage
Severe injuries can cause nerve damage that never fully resolves. Nerve damage can cause tingling and numbness in the hands, legs, and arms.
Back and Neck Injuries
The intense impact of a truck accident often damages a victim’s back or neck. This can lead to long-term complications, including bulging discs and herniated discs.
Scars and Disfigurement
Even minor cuts and burns can lead to permanent scarring and disfigurement. Scars change the way you look forever, leading to a life-long reminder of the accident.
PTSD
Getting into a truck accident is a terrifying experience. Many victims suffer from emotional issues like anxiety, depression, and PTSD after the fact.
How Are Commercial Vehicle Accidents Different?
Truck accidents are often more complex than typical car accidents. While all kinds of motor vehicle accidents can cause injuries, trucks don’t follow the same rules of the road, which can make it hard to assign liability. Additionally, multiple insurance companies are often involved, including the trucking company’s insurer, the driver’s insurer, and the owner of the truck’s insurer.
Trucks are bound by the rules and regulations created by the Federal Motor Carrier Safety Administration. Commercial trucks have weight limits, speed limits, and operating rules that don’t apply to passenger vehicles. Because of this, a truck accident case is handled differently than a typical car accident.
Because trucks are so much larger than passenger vehicles, the chance of catastrophic injuries is much higher. Many truck accident victims suffer from severe injuries that cause permanent symptoms. It is not uncommon for victims to pay thousands of dollars in medical expenses out of pocket.
Truck accidents are not the same as a typical car accident on the road. Truck accident cases are complex and often involve multiple liable parties. Our Detroit truck accident attorneys are here to help you navigate this complicated scenario so you get the maximum compensation you deserve.
What Should You Do After a Truck Accident?
Getting into a truck accident is a very scary experience. Many victims go into shock, unable to think or react clearly. Understanding what to do after an accident will help you make a claim for compensation and keep yourself safe.
If you’ve been in a truck accident, make sure to take the following steps:
Call the Police
Any accidents involving bodily injury or extensive property damage must be reported to law enforcement. Call the police and ask for an ambulance if you or anyone else needs immediate medical attention. If the police make an accident report, ask for a copy before leaving the scene.
Exchange Information
Just like car accidents, it’s essential to get the other driver’s information. Ask for their name, phone number, license number, and trucking company, if applicable. You’ll need all of this information to seek compensation.
Take Photos
Photos of the accident scene help validate your accident claim. Take photos and videos of your injuries and property damage, as well as the area around the accident.
Talk to Witnesses
Witness statements help corroborate your story. If anyone saw the accident, get their contact information to use in your case later.
Seek Medical Attention
Even if you don’t feel hurt now, it’s important to get medical attention immediately. When your body goes into shock, it can mask the pain signals sent to your brain. It’s very likely that you have injuries that you just haven’t noticed yet. Get medical attention and keep a record of your medical expenses.
Contact Your Insurance Company
Your insurance company will want to know about the accident right away. Call your insurance company and give a statement about what happened as soon as possible.
Talk to a Truck Accident Lawyer
The sooner you contact a Detroit truck accident lawyer, the sooner we can begin building your case. You have a limited amount of time to file a claim, so the earlier, the better. Our team is ready to start your truck accident claim immediately to get you the compensation you deserve.
Assessing Liability
In a two-car crash, one driver is usually more responsible (at fault) than the other, but in a collision with a big rig, others who are not behind the wheel can also be responsible. Under the legal principle of vicarious liability, the trucking company, the manufacturer of the truck, the maintenance people, and the cargo loaders can all play a part.
The trucking company may have rushed a driver into service without adequate training or forced the driver to work beyond federal regulations. Maintenance people may have skimped on brake repair or not replaced tires when they were getting overly worn. The manufacturer may have used faulty parts when assembling the vehicle. The cargo people may have loaded the truck improperly, causing the vehicle’s center of gravity to shift and making it hard to control, or the load itself might not have been secured properly.
Trucks hauling hazardous materials must also abide by stricter rules. Oils, chemicals, and gas that are shipped around Michigan must be loaded and secured properly to avoid injuring others on the road. Anyone loading or unloading hazardous materials must do so safely and with the right equipment. If anyone fails to do so, they can be assigned liability in a truck accident case.
In assessing liability for a trucking accident, various factors – which may not be obvious to the driver of the vehicle that is struck – can play into what transpired. There is a chance there are multiple parties liable for your injuries. In that case, you will have to provide evidence of liability for all parties before you can pursue compensation. You need an experienced attorney to examine all aspects of what happened to make sure you can hold the responsible parties accountable.
Filing a Personal Injury Claim
Michigan is a no-fault auto insurance state, so in any accident resulting in an injury, you must first report it to your insurance carrier. But what happens if your personal injury protection (PIP) rider maxes out and you’re left with unpaid medical bills and lost wages due to your inability to work? You then have the option of suing the at-fault driver or those persons or entities that also contributed to your accident and injuries.
If you’ve lost a loved one, you can also seek a wrongful death lawsuit, but to do that, you must go through probate court and have a personal representative appointed for the deceased, unless the deceased loved one left a will or trust naming a personal representative.
Michigan Compiled Laws section 600.5805 states, “The period of limitations is three years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.” In other words, you have three years from the date of your injuries or the loss of your loved one to file suit.
To prevail in a personal injury or wrongful death lawsuit, you must prove negligence by the at-fault party, whether it be the driver, trucking company, maintenance or cargo people, or a combination.
There are four elements to proving a negligence claim:
- Duty – the defendant, or person, persons, or entities you’re suing had a legal duty to prevent harm
- Breach – the defendant(s) breached that legal duty by failing to act or acting in a certain way
- Causation – the defendant(s) caused your injuries or loss of a loved one through their actions or inactions
- Damages – you were injured, or your loved one lost their life as a result of the defendant’s causes
Remember that Michigan adheres to the modified comparative negligence standard. This means that both you, the plaintiff, and the defendants will be assigned a portion of the fault.
For instance, if you did something that contributed to the accident – maybe you tried to pass the truck too closely – you could be found 40 percent at fault by the insurance adjusters or a jury. In that case, you would receive only 60 percent of the settlement or jury award granted you. Your $20,000 entitlement could turn into only $12,000. If you’re found 50 percent or more at fault, you can collect nothing.
Will My Case Go to Trial?
Many victims are concerned about the time and effort a court hearing could take. The good news is that most personal injury cases are settled outside of court. It’s often easier for an insurance company or negligent party to offer a settlement without going to trial.
Negotiating with an insurance company often yields good results. Insurance companies are much more likely to pay you what they owe you if you have an attorney on your side. It’s an unfortunate fact that insurance companies often attempt to take advantage of individuals who don’t have a legal team on their side. By using our experienced negotiation tactics, we can talk to your insurance agent and ask for a higher settlement.
However, there are some instances in which the only way to get the money you deserve is by going to trial. If that’s the case, a Detroit truck accident lawyer on our team will represent you before a judge and present all the evidence from your accident claim. The negligent party will be forced to provide their own evidence, which can severely backfire if they are liable. We always aim to get you a fair resolution with the maximum amount of compensation possible.
What if My Loved One Was Killed in a Truck Accident?
Because truck accidents are often catastrophic, they have the potential to cause fatal injuries. Unfortunately, many people lose relatives and family members to commercial truck accidents. If your loved one was killed because of their truck accident injuries, you may be able to file a wrongful death claim on their behalf.
Wrongful death lawsuits provide compensation to the surviving family members of someone who died in a negligent accident. We understand that no amount of money will bring your loved one back — however, compensation can be used to pay for funeral expenses, burial costs, and other bills you may encounter.
A wrongful death lawsuit also holds the negligent truck driver or other party accountable for their actions. Our team believes that all victims deserve a voice, even if they are no longer with us. By pursuing a wrongful death claim, you can stand up for your family member and demand the negligent party is punished for their actions. If you’d like to learn more about wrongful death cases, please contact a truck accident attorney on our team today.
When Should You Hire a Truck Accident Attorney?
The sooner you hire a truck accident lawyer, the sooner we can begin working on your case. Accident cases take time, and gathering evidence, investigating, and proving negligence can present challenges. Our team is here to start your case immediately, so give us a call as soon as possible.
At Ratton Law Group PC, we know how overwhelming a truck accident can be. Facing medical expenses, property damage repair, lost wages from time off work, and other bills can be exhausting. With our help, you can calculate all of your losses and demand compensation for what you have gone through.
Our attorneys are here to assist you with your personal injury case from beginning to end. To speak to our accident lawyers, contact us today by calling (313) 631-0502.