Michigan Trucking Accident Lawyer

In Michigan, individuals typically have three years to file a lawsuit related to a truck accident. In general, it is recommended that drivers file as soon as possible, while the evidence and witnesses’ memories are fresh.

Every truck accident lawsuit is unique, making it challenging to estimate the expected timeframe accurately. In most cases, these types of lawsuits take more than a year, and sometimes several years to conclude. The biggest factor influencing the timeframe is whether the parties are able to reach a settlement or whether a trial is required.

For this reason, it is imperative that those injured seek legal representation as soon as possible.

Workers’ compensation will cover any expenses related to medical care, wage loss, and rehabilitation. Please view our workers’ compensation page for more information.

In Michigan, a plaintiff may be up to 50% at fault for a serious accident and still receive compensation for their injuries, pain, and suffering.

However, in these cases, keep in mind that the amount of compensation received on a trial judgment will be reduced by the plaintiff’s percentage of fault.

This depends on multiple factors, including the truck driver and/or trucking company’s degree of fault, how serious the resulting injuries were, what treatments or surgeries were required, and what the long-term injury prognosis is. Some trucking accident injuries result in irreparable injuries or disability, limiting a person’s ability to work and earn money in the future, which can amount to significant damages.

There are also those cases that involve a fatality, which is the worst thing imaginable for the surviving family. It can also mean a loss of household income, which can likewise amount to significant damages.

Insurance companies may try to “settle” truck accident cases so that they don’t have to go to court. Most often, they’ll offer up a small sum at first, which may appear substantial to the victim, but is highly unlikely to be the sort of compensation the accident actually merits. Unfortunately, many victims of trucking accidents accept one of these initial settlement offers because they are intimidated and lack the experience of proper legal representation to understand the actual value of their claim.

For most people, it’s nearly impossible to know how much a given truck accident case is worth in terms of adequate compensation. The insurance companies and their adjusters and attorneys will bank on this and try to take advantage of it. However, with good legal representation, truck accident victims can either negotiate with the insurance companies for an appropriate settlement amount or reject the settlement offer and proceed with their lawsuit.

It’s best to hire a truck accident lawyer as soon as possible after the event. When dealing with a large trucking company, their legal team will certainly be on the scene immediately, assessing vehicle damage, examining the truck’s black box, and performing other tests and examinations.

Victims involved in the accident should have their legal teams do the same thing as soon as possible. The sooner injured drivers obtain proper legal representation, the sooner they can hire experts and perform their own investigations.

Proving negligence in any personal injury case requires establishing three facts: (1) A standard of care, (2) that one or more persons or entities breached that standard of care, and (3) the injuries and damages you sustained were a direct result of that breach of the standard of care.

For semi-truck accidents involving commercial vehicles, the standard of care could be as simple as following traffic rules.

If a truck driver violated these traffic rules, then they have breached that standard of care. However, all semi-truck accident cases are different. To prove negligence, it’s recommended that you seek assistance from an experienced truck accident lawyer.

When compared to accidents involving only passenger vehicles, commercial vehicle accidents can be more complicated because they involve multiple parties, including the negligent truck driver, the driver of the passenger vehicle (or other vehicle), maintenance companies, the truck’s manufacturer, the trucking company, and others.

To determine who is at-fault requires a deeper analysis of the case. As previously mentioned, every semi-truck accident case is different. For example, if the trucking company hired an inexperienced driver and it can be proven that the driver’s lack of experience caused the accident, then the trucking company may be held liable. On the other hand, if a malfunction in the commercial vehicle caused the accident, the at-fault party could be the maintenance company (if it can be proven that maintenance work was performed negligently) or the trucking company (if it can be proved that there was no maintenance work done when it was supposed to have been done).

Every case is unique. You can request a free case evaluation with our team to learn more about who may have been at fault in your specific situation.

As with most personal injury cases, you may be able to recover three types of compensation: Economic, non-economic, and exemplary.

Economic damages refer to any actual expenses incurred after the accident, which could be medical care, prescription medication, rehabilitation, wage loss, vehicle damage, and more.

Non-economic damage refers to damage that isn’t connected to any specific monetary value, such as mental, physical, or emotional pain and suffering.

Exemplary damages are rare in semi-truck accident cases, and can potentially be awarded to the plaintiff if it’s proven that the defendant exhibited malice or willful misconduct.

There are no statutory caps on how much you could recover from a truck accident claim.

It depends on the firm you seek consultation from. At Giroux Pappas Trial Attorneys, we work on a contingency fee basis, which is a common payment model for personal injury lawyers. A contingency fee arrangement means you don’t pay anything upfront. Your lawyer will take an agreed-upon percentage of the settlement or court award, but only if they successfully recover compensation for you.

Other fee arrangements include retainers, hourly rates, flat fees, or hybrid models.

1. Don’t immediately accept the initial settlement offer from the insurance company. Always seek legal consultation first.
2. Consult with an attorney before issuing a statement to the insurance company.
3. Avoid discussing your case with anyone outside of your legal team, especially on social media.
4. Be honest about what you experienced. Avoid being hyperbolic or offering understatements when speaking about your injuries.
5. Never admit fault or say “I’m sorry” during the accident. Those words can and will be used against you.
6. Don’t try to file a claim on your own. It’s easy to miss deadlines, and proving liability can be incredibly challenging.
7. Don’t wait to file a claim. Even though the statute of limitations for many personal injury cases is three years, it’s best to file a claim as soon as you’ve recovered and can speak with an attorney.