Accidents involving passenger vehicles and commercial trucks can have devastating outcomes. Semis, 18-wheelers, or tractor-trailers weigh around 40 tons when fully loaded, while the average passenger car or SUV weighs around 5,000 pounds. The weight differential is enough to cause catastrophic injuries. A Southfield truck accident lawyer could help you pursue compensation from an at-fault truck company and driver. Our personal injury attorneys are here to help guide you through the legal process.
Pursuing Compensation After a Truck Crash
Although Michigan is a no-fault state, an injured person can file a claim against the at-fault parties for pain and suffering. They must first report the accident to local law enforcement and notify their insurance company. Depending on their personal injury protection (PIP) coverage, a person should receive compensation from their insurance carrier for medical expenses, lost wages, and property damage. They can pursue additional compensation for non-economic damages from the at-fault parties. However, an injured person who is more than 50% responsible for the accident or does not carry mandated insurance coverage cannot pursue pain and suffering compensation.
Statute of Limitations
If the accident results in a wrongful death, the executor of the decedent’s estate has three years from the accident date to file a claim. An injured person also has three years to open a case against the at-fault driver. A person must file a claim with their insurance company within one year of the accident. Failure to meet the deadlines can result in the dismissal of all claims. An attorney at Thurswell Law in Southfield could ensure a person files all truck accident claims before the deadline.
Gathering Truck Crash Evidence
An injured person and our truck crash lawyers in Southfield are responsible for proving that the truck company or its driver was negligent and that those actions resulted in injuries. The injuries must impact an important body function as defined by Michigan law. Meeting these legal thresholds requires evidence such as the following:
Police Reports
Police reports assess the accident scene and may include traffic or road conditions, braking distances, vehicle speed, and citations issued. Truck accidents must be reported immediately.
Maintenance Records
Maintenance records can show when general maintenance or tire rotation was performed. While some trucking companies perform maintenance in-house, others use third parties. Their records should show mileage, repairs, and brake replacement since the last maintenance. Poorly maintained trucks can contribute to truck accidents.
Logbooks
Truck drivers must maintain paper-based logbooks to record driving hours and sleep times. Commercial truckers may use electronic logbooks that also record engine operations, date and time, and truck location.
Manifests
A truck’s route may involve multiple stops where cargo is loaded, unloaded, and reloaded. As a result, cargo may shift during transit, or trucks may become overloaded. Weight changes can alter a truck’s center of gravity, making it harder to maneuver.
Cellphone Records
Cellphone logs show phone usage. A distracted driver is negligent if their actions result in a truck accident.
Medical Records
Medical records document an accident victim’s injuries. They cover emergency services, hospital stays, treatment orders, and doctor visits. They show diagnostic test results, medications, and physical therapy services. These records are essential in meeting Michigan’s impairment of bodily function threshold.
Establishing Impairment
An injured person must demonstrate that their injuries meet the legal requirements for impairment to receive non-economic compensation. Medical records, test results, and treatment plans provide an objective manifestation of injuries. They also document the impaired physical or cognitive functions that lessen employment opportunities, prohibit self-care routines, or lower quality of life.
Compensation is available for permanent and temporary impairment. The court looks at a person’s lifestyle before and after the injury to determine the likelihood of returning to normal life.
Contacting a Southfield Attorney After a Truck Crash
Our Southfield truck accident lawyers understand the complexities of a case involving a truck company, its drivers, and possible third parties. We can help clients gather evidence, establish negligence, and demonstrate impairment to ensure their voice is heard. Call now at (248) 460-9865 to discuss your case and possible compensation.
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