All collisions and crashes are serious, but auto accidents that involve a tractor-trailer, commercial truck, or oversized vehicle are particularly devastating. The injuries suffered in a truck accident tend to be serious and often demand ongoing medical care for the victims.
To make matters worse, insurance companies can be difficult to work with. Choosing an experienced Michigan truck accident lawyer is step one in securing compensation for your injuries through a personal injury claim.
The Damage Caused by a Truck Accident
Accidents between motorists and operators of large commercial vehicles happen far too often. Truck driving is a risky job, fraught with danger and sometimes populated with inexperienced drivers. Truck driver fatigue and health problems are common, and these issues are exacerbated by being seated for long stretches of time and eating unhealthy meals on the road. Add to this the typical dangers of road driving, including hazardous road conditions, distracted drivers, and reckless drivers, and you have an unfortunate recipe for tragedy.
Injuries sustained in an accident between a passenger car and large truck can be horrific. The sheer size and weight difference between the machines is enormous. And many tractor trailers haul cargo that is hazardous as well. The bulk of the injuries are likely to be sustained by the driver and passengers of the car. Truck drivers are safer merely by being positioned higher in comparison.
The types of injuries suffered by the victims of a truck accident include:
There is no end to the types of damage that can be done in a truck accident.
Filing a Claim After a Truck Accident
Truck accident claims are complicated. The laws that apply to tractor-trailers, commercial trucks, and delivery vans differ from those that apply to regular cars. A truck accident lawyer in Michigan who specializes in trucking law is an important resource for getting help and justice for injuries. Expert attorneys understand that:
- Insurance policies exist for both the truck driver and the cargo.
- The trucking company can be held accountable for the accident.
- The driver operating the vehicle can be liable for damages.
Knowing who to file claims against and how to go about it is best left to an experienced truck accident attorney in Michigan who knows how to win such a case.
Types of Truck Accident Claims
When you are involved in an accident with a tractor-trailer driver or the operator of a commercial truck, the expertise of a Michigan lawyer is essential in determining which claims to file for your own best interest. Some of the most common truck accident claims include:
- Personal Injury Claims. Most truck accidents involve injuries. Determining who’s liable for those injuries – the truck driver or the trucking company? – is not always clear. In most cases, the personal injury protection insurance policy is held by the owner of the truck.
- Dangerous Cargo Claims. Major damage can result from an accident involving a truck carrying hazardous or dangerous material. In such situations, it may be possible to file a dangerous cargo claim claim against the manufacturer and/or distributor of the cargo.
- Property Damage Claims. Any physical damage caused by a truck accident is addressed with a property damage claim. Multiple liability policies – carried by the truck operator, the owner of the truck, and/or the trucking company – may mean it is possible to file multiple claims and collect compensation from multiple insurance policies.
Negligent Semi-Truck Drivers Cause the Most Truck Accidents
Semi-trucks are larger than most other cars on the road, which explains why 77 percent of those injured and 86 percent of those killed in Michigan truck collisions are the drivers or passengers of smaller vehicles.
With one out of every eight motor vehicle deaths involving semi-trucks, these large vehicles pose an enormous threat to all drivers and passengers on the road. Reckless or careless semi-truck operators are most often at fault for these dangerous and tragic Michigan truck accidents.
Because of the sheer size and power of these trucks, it is imperative that truck drivers use extreme caution to protect themselves and other drivers and passengers on the roads. When a driver is negligent, there can be serious consequences.
Some of the common causes of Michigan truck wrecks include:
- Bad weather
- Reckless driving
- Careless driving
- Aggressive driving
- Driver fatigue
- Failure to follow traffic laws
- Impaired driving
- Distracted driving
- Defective trucks
- Unsecured loads
If you have been injured or lost a loved one in a collision with a large truck, it is possible that a negligent truck driver is at fault and should be held accountable. The experienced Michigan truck accident attorneys at Thurswell Law are committed to helping you get the compensation you deserve.
Call a truck accident lawyer in Michigan to schedule a free consultation.
Trucking Company Negligence
In addition to truck driver negligence, trucking companies could also be to blame for a serious collision. This is especially true if the truck driver, at the time of the accident, was acting within the scope of his or her employment. Under those circumstances, the accident victim might be able to file a lawsuit directly against the trucking company.
Moreover, trucking companies are responsible for hiring skilled drivers who will operate the company’s vehicles in a safe manner. When trucking companies fail to hire skilled drivers, or they retain drivers who have bad driving records, the trucking company could be deemed negligent for any accident that results.
The Negligence of Others
In addition to negligent truck drivers and trucking companies, other individuals or entities might be responsible for a truck accident. For example, the accident victim may be able to sue a parts manufacturer if he or she can show that a defective part caused the truck to malfunction, leading to the accident. The accident victim could also claim that there was a manufacturing defect, a design defect, or a warning defect. In order to be compensable, the defect must have been in existence when the part entered into the stream of commerce.
The accident victim might also be able to sue a repair facility if the truck was recently repaired, and the accident victim can show that the repair was not made in a workmanlike manner, leading to the accident. The skilled truck accident attorneys at Thurswell Law in Michigan can examine the circumstances of your accident and determine whom to file a claim or lawsuit against.
Burden of Proof
In a truck accident case, the accident victim has the burden of proving both fault and damages. The accident victim must show that someone else failed to act in a reasonable manner, and as a result, the accident occurred. He or she must also demonstrate that the injuries sustained resulted from the truck accident.
To satisfy this legal burden, the accident victim may need to call on accident reconstructionists and other experts. In some instances, a medical expert may be necessary to show that a particular injury resulted from the accident, as opposed to some other circumstance. Thurswell Law has the resources and experience to help you satisfy the legal burden of proof in your personal injury case.
Available Damages
After truck accidents, injured accident victims may be eligible to pursue a variety of damages, including both economic damages and non-economic damages. The purpose of economic damages is to compensate truck accident victims for their medical bills and lost wages. In order to be compensable, the accident must be the cause of the injury or injuries sustained. In addition to economic damages, the victim of a truck accident may be able to pursue non-economic damages. These damages include compensation for pain and suffering, lost earning capacity, inconvenience, loss of use of a body part, loss of enjoyment of life, and loss of spousal or family companionship.
Do You Need a Truck Accident Attorney in Michigan? Call Today
It’s not only the operators of cars or motorcycles who need a lawyer after a truck accident. A truck driver who is injured in a truck accident while on the job needs representation, too. Whether or not the trucker was at fault for the accident, he or she will need help for injuries that result in missed work, lost wages, or permanent inability to work.
If you have been injured in a truck accident and left with pain, medical bills, a damaged vehicle, and more, contact Thurswell Law for a free consultation with a Michigan truck accident lawyer. We have extensive experience in dealing with the intricacies of multiple insurance policies among truckers and trucking companies. You deserve compensation for your suffering, so don’t delay in seeking help now. There are no fees unless you collect.
Contact us to schedule your free consultation.
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