HOW IS A TRUCK ACCIDENT SIMILAR OR DIFFERENT FROM A CAR ACCIDENT CASE?

Unlike car accidents, truck accident cases often have multiple parties involved, including the drivers, trucking company, parts manufacturers, even the shipping or loading facility. In general, Federal law requires commercial trucks to carry at least $750,000. For hazardous materials, the minimum coverage can range from $1,000,000 to $5,000,000, depending on the specific material. Truck drivers also have the backing of large trucking companies who use various tactics to avoid responsibility and paying large settlements to victims.

Though the impacts, injuries, and settlements can vary vastly from a car accident, the process for pursuing compensation remains largely the same. Similar to any Michigan car accident, individuals involved in a truck accident can receive No- Fault benefits from their auto insurance and in some cases may pursue a lawsuit against the negligent parties in order to recoup losses.

HOW DOES NO- FAULT LAW APPLY TO TRUCK ACCIDENT CASES?

In the state of Michigan, No- Fault Law means that, regardless of who is determined to be at fault for an accident, both parties involved in an accident are entitled to No- Fault Personal Injury Protection benefits through their auto insurance companies to cover medical expenses, lost wages, and the repair or replacement of damaged property.

With truck accidents, No- Fault law becomes a bit more complicated due to the number of parties that can be involved, including the drivers, trucking companies, shipping and loading facilities, parts manufacturers, etc. You should contact an experienced truck accident attorney who can immediately begin identifying responsible parties and building your case on your behalf.

WHAT ARE THE FIRST THINGS I SHOULD DO AFTER A TRUCK
ACCIDENT?

First and foremost, following a truck accident, you should survey the scene, make sure everyone is OK, then contact the police and necessary authorities. It’s recommended that you get checked by a medical professional as injuries can have a delayed onset. If you have been injured, this will provide necessary documentation for insurance and your attorneys should you pursue a truck accident lawsuit.

It’s common for trucking companies to work swiftly to investigate an accident and build their case. You should avoid speaking to their investigators, insurance adjusters, and attorneys who may use various tactics to avoid responsibility and call an experienced Detroit truck accident lawyer who you can refer any inquiries or communication from the other party to.

I DON’T WANT TO DEAL WITH THE TRUCKING COMPANY. CAN MY ATTORNEY DO IT FOR ME?

Yes. In fact, your attorney should handle all communicating with the trucking company, their attorneys, insurance adjusters, accident reconstructionists, and anyone else involved in investigating the accident. Trucking companies have various tactics they use to try to lessen or avoid responsibility for accidents with their drivers, and you could unknowingly relinquish your rights to full and fair compensation without proper legal representation from a truck accident lawyer.

WHAT TYPE OF COMPENSATION CAN I RECEIVE AFTER BEING INJURED IN A TRUCK ACCIDENT?

Similar to any Michigan auto accident, individuals who have been injured in a truck accident can pursue a truck accident injury claim to recover losses.

First- Party Claim: A first- party claim is a No- Fault Personal Injury Protection benefits claim filed by an individual with their own auto insurance company for medical expenses related to the accident, wage loss for the first three years following the accident, and household care services.

Third- Party Claim: A third- party claim allows an injured party in a truck accident to pursue a lawsuit against the driver, trucking company, or any other negligent parties in a truck accident for non- economic damages including pain and suffering and emotional distress.

HOW MUCH WILL I RECEIVE FOR MY TRUCK ACCIDENT CASE AND HOW LONG WILL IT TAKE?

Each truck accident case is unique, and under Michigan law, your personal injury resulting from the accident must meet certain criterion, known as a “threshold” injury, to qualify for a third- party case. Cases depend not only on how profound your injuries are, how permanent they are, and whether surgery was necessary, but also the number of parties, insurance companies, and coverage plans that are involved.

The timeframe for reaching a settlement varies but could take a few months to as much as three years.

I WAS PARTIALLY AT FAULT FOR THE ACCIDENT. CAN I STILL WIN THE LAWSUIT?

Michigan’s comparative negligence laws allow individuals to recover damages even when they are partially at fault. If you are found to be more than 50 percent at- fault for a truck accident, you are unable to recover non- economic damages through a third- party claim. If you are found to be less than 50 percent at- fault, the non- economic damages you’re entitled to are reduced by the percentage you are found to be at fault. Even if you are at- fault, you are still entitled to no- fault personal injury protection benefits under Michigan law.

WHAT IS THE STATUTE OF LIMITATIONS IN DETROIT FOR FILING A TRUCK ACCIDENT LAWSUIT?

In Detroit and throughout the state of Michigan, the statute of limitations for filing a truck accident lawsuit is generally one year for a no-fault claim and three years for a bodily injury claim. If you do not meet that deadline, you won’t have the opportunity to sue for compensation for your injuries, which is why it’s important to hire an experienced truck accident lawyer from Kajy Law. We start working on your case immediately so you can focus on recovery while we focus on getting you the settlement you deserve.

MY TRUCK ACCIDENT HAPPENED IN DETROIT BUT I LIVE ELSEWHERE. WHERE WILL MY CASE BE FILED?

Where your truck accident case is filed depends on where the accident occurred and who was involved. If the county where the accident took place is the same as the county that the defendant resides in, then the case will be filed in that county. If not, and the accident occurred in the same county as the one in which the plaintiff resides, then the case will be filed in that county. If neither of those apply, then the case may be filed in the county in which both the plaintiff and defendant conduct business, if those are the same. If not, then the case may be filed in the county where the plaintiff resides. If neither the plaintiff nor the defendant reside in Michigan, the case can be filed in federal court as long as the alleged value is over $75,000.00.

A first- party case for No- Fault personal injury protection benefits may be filed anywhere the defendant conducts business.

CALL KAJY LAW TODAY

To set up a free consultation about your Detroit truck accident, call 877-Kajy-Cares or fill out our contact form.