Truck Accidents

Upper Michigan

Trucking Accident

Attorneys

Trucking in Michigan’s Upper Peninsula and throughout the country is a massive industry and is expected to grow. Trucking companies and their drivers want to get their freight to market as quickly as possible. Expiration dates, deadlines and financial incentives may compel businesses and drivers to cut corners and act carelessly. When shortcuts are taken or safety measures not employed, the results can be catastrophic and even fatal. Make no mistake, teams of lawyers and skilled investigators are immediately called into service to protect the interests of the trucking and shipping companies involved following a collision. If you or a loved one were injured in a trucking accident, it is important that you contact an attorney who understands the unique aspects of Michigan trucking accidents. Our personal injury attorneys can assist you through the process, from protecting your right to no- fault benefits, to pursuing a claim against the at-fault driver and trucking company. Contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448- 4249, info@upinjurylawyers.com, or click here for a free consultation at any time, including nights and weekends.

How Do Trucking Accidents Differ

from Car Accidents?

Sources of Recovery

There are several parties who may be responsible for your injuries in a truck accident. These include: • The truck driver. • The owner of the truck. • The trucking company. • The shipping company. • The person or company responsible for loading the truck. Because you will often need to sue not only the driver, but also a corporate entity, you will be able to increase the amount of money available to settle your case or to pay a judgment in your favor following trial. Notably, the Federal Motor Carrier Safety Administration requires the trucking company to carry a minimum of $750,000 bodily injury liability coverage.

Federal Motor Carrier Safety

Administration (FMCSA)

The Federal Motor Carrier Safety Administration (FMCSA) refers to a truck as a commercial motor vehicle. A commercial motor vehicle is defined as a motor vehicle weighing more than 10,000 pounds or used to transport more than 16 people. A semi-truck, a box truck, a pick-up truck hauling a trailer and a bus are all examples of vehicles that might be considered “trucks.” The FMCSA is a federal agency that drafts and enforces the rules applicable to truck drivers and trucking companies. These rules have been adopted by Michigan, making it important for you to contact a Michigan attorney familiar with the standards that apply in a trucking case. Trucking regulations cover areas that include: • Training requirements. • Drug and alcohol use and testing. • Commercial driver’s license standards. • Qualifications of truck drivers. • Time limitations of drivers. • Inspection, maintenance and repair requirements. Showing a violation of an FMCSA regulation may strengthen your case and give rise to a presumption of negligence (fault).

How Are Trucking Accidents

Similar to Car Accidents?

Michigan’s No-Fault Law applies to accidents involving cars and trucks. This means that much of the discussion under the “Car Accidents” practice area will also apply to collisions involving trucks. Below are some of the important aspects of that discussion.

First-Party Claims for No-Fault Benefits

Regardless of who was at fault for the crash, you may have a contractual right to no-fault benefits from your own auto insurance company. No- fault benefits can pay for medical expenses, wage loss, attendant care services, replacement services and survivor’s loss benefits.

Third-Party Claim Against At-Fault Driver

or Trucking Company

You may also be able to bring a negligence lawsuit against the other driver or the trucking or shipping company for excess medical expenses, excess wage loss and noneconomic damages, including pain and suffering and loss of enjoyment of life. You will have to prove that the other driver and/or trucking company, shipper, etc., was at fault. Some of the most common ways to establish negligence include: • Dangerous Driving: This happens when a truck driver does not operate the truck in a reasonably safe manner. The driver may have been speeding, texting while driving, driving too fast for weather conditions, made an unsafe lane change or failed to stop at a stop sign. • Fatigued Driving: This may occur when the driver exceeds a certain number of consecutive hours or days driving, fails to get adequate sleep, or fails to take necessary breaks. • Controlled Substances/Alcohol: This issue arises when drivers are impaired by drugs or alcohol. Employers may also be at fault for failing to conduct drug testing. • Driver Qualifications and Fitness: This may involve drivers without adequate training or experience. It could also include drivers who are not medically fit to operate a commercial motor vehicle or to meet the physical demands of the trucking industry. • Cargo: This may involve overloading the truck or failing to properly secure the freight. • Vehicle Maintenance, Repair and Inspection: This may include failing to properly maintain, repair and inspect brakes, tires, mirrors, windshield wipers, reflectors, wheels or rims, among other things.

What Deadlines Apply to My

Michigan Truck Accident Case?

It is critical to consult with an experienced Upper Peninsula trucking attorney regarding applicable deadlines. Missing a deadline could eliminate your right to bring a lawsuit. Some important things to keep in mind are as follows: • You must give notice of your injury to your own insurance company within one (1) year from the date of the accident to recover no- fault benefits, e.g., medical expenses and wage loss. • If your own insurance company wrongly denies your claim for no-fault benefits, you have one (1) year from the date of formal denial to sue your insurance company for no- fault benefits. • Under MCL § 600.5805, you generally have three (3) years from the date of the crash to sue the other driver for excess medical expenses, excess wage loss and noneconomic damages, including pain and suffering, loss of enjoyment of life, etc.

Have Your Upper Michigan

Trucking Accident Case Evaluated

at No Cost

Whether you were in a car, on a motorcycle or bicycle, were a pedestrian or even the truck driver, our Upper Michigan personal injury attorneys can evaluate your trucking case and inform you of your options at no cost. If we do take your case, we only earn a fee if we recover for you. If we are not successful, it costs you nothing. If you or a loved one were injured in a trucking accident, contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448-4249, info@upinjurylawyers.com, or click here for a free consultation.