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Tips For Michigan Truck Accident Victims | Truck Accident Lawyers
Here’s What You Need to Know About Your Michigan Truck Accident Settlement
If you’ve been involved in a Michigan truck accident, you probably have more questions than answers about what compensation you deserve or what to expect.
Our truck accident attorneys want to help you get the settlement you deserve and to ensure you don’t get taken advantage of by the trucking industry, insurance companies, or anyone else.
That’s why we have outlined the answers to the most common questions surrounding truck accident settlements in Michigan.
What Makes Truck Accident Settlements Unique in Michigan
Any accident that takes place on Michigan roads can have a lifelong impact on those involved.
However, accidents involving trucks need a unique level of care and attention for at least three reasons:
Truck accidents can cause worse damages and result in higher settlement amounts
According to Michigan traffic data, accidents involving large trucks cause three times as many fatalities compared to those involving passenger vehicles, along with injuries that are often more severe.
As a result, these injuries and deaths often lead to higher settlement amounts to compensate those affected by the accident.
More parties can be held responsible with truck accidents
Compared to accidents involving passenger cars only, truck accidents are much more complex. This includes those who may be held financially responsible.
The fact is, an accident involving a semi-truck can involve a wide variety of entities from the trucking industry. The entities who might be liable are listed later on.
Truck accident liability may be an important factor
While anyone injured in an auto accident will likely look to their own auto insurance company under Michigan no-fault laws, Michigan truck accidents may go beyond what’s covered under these Personal Injury Protection (PIP) benefits since they are often more severe.
This means lawsuits for damages are more likely to be filed against the responsible parties with truck accidents.
If this takes place, MCL Section 600.2959 establishes that an accident victim’s liability will affect the economic damages they may receive.
What Damages Can Make Up Your Truck Accident Settlement
With how destructive a truck accident may be, it’s important for accident victims like you to learn what damages may be available to help compensate you for your losses.
While this is not an exhaustive list, these are some of the most common damages you may be able to receive after your Michigan truck accident:
No-fault benefits
Since Michigan is a no-fault state, your own insurance is supposed to pay for certain bills up to a certain extent before you can bring a claim against another party.
These no-fault benefits include:
- Medical expenses that are a result of your Michigan truck accident
- Lost wages from having to miss work for up to three years
- Household replacement services due to injuries you sustained from the accident
- Attendant care to help you with the long-term or permanent injuries that you suffered from the accident
Economic damages
Once no-fault benefit limitations are reached, you may sue for economic damages that you suffered from your truck accident. Basically, these damages are financial losses that are proved by your medical bills or that are based on your income before the truck accident.
It’s important to note that there may also be future losses that can be recovered, such as ongoing medical expenses or the reduced earning capacity due to a permanent disability.
Non-economic damages
The suffering you may have experienced can go beyond what’s shown on an x-ray or hospital bill. There are also intangible damages from suffering mentally or emotionally that deserve compensation as well.
Here are some common examples of non-economic damages you may recover after your Michigan truck accident:
- Pain and suffering
- Psychological or emotional trauma
- Deterioration of the quality of life or the loss of enjoyment of life
Any scarring, disfigurement, or permanent disabilities or impairments.
Who Might Be Liable to Pay Your Settlement
Unlike a passenger vehicle accident, a Michigan truck accident may have more financially responsible parties than just the vehicle drivers involved.
Instead, Michigan law may allow multiple parties to bear responsibility, including:
- The semi-truck driver
- The trucking company
- The cargo loading company
- The owner of the truck if it’s not owned by the driver or trucking company
- The manufacturer of the truck
- The manufacturer of a faulty part used on the truck
- The mechanic who serviced the truck
- The passenger vehicle driver(s) involved
Likely, it will be the responsible party’s insurance company who pays the settlement. Kajy Law’s truck accident lawyers are able to locate every possible insurance source to maximize your settlement.
What Factors Contribute to Your Truck Accident Settlement
Since Michigan truck accidents often cause worse damages and more confusion compared to other types of accidents, they can also result in higher settlement amounts to compensate victims.
Our truck accident attorneys have highlighted the most important factors that can influence the value and complexity of your truck accident settlement:
- Severity of injuries – Typically, the worse your injuries are, the higher your settlement will be. This is because severe injuries provide proof of how significant your accident was. This proof can include major medical treatments, increased medical expenses, lost wages, and long-term care needs.
- Non-economic damages – Your settlement can be increased if you have suffered intangible losses that the accident caused, which can include pain and suffering, emotional distress, or a significant effect on the quality of life or your relationships.
- Fault and liability – As mentioned earlier, Michigan laws stipulate that your degree of fault can affect the compensation amount you can receive. So if it is determined that you are not at fault, you will be able to receive a larger settlement amount.
- Insurance policy limits – The total amount you receive may be a mix of your own PIP coverage, along with the trucking company’s insurance or the truck driver’s insurance. As a result, the limits of the insurance policies of the at-fault parties can affect your settlement amount.
- If the accident was fatal – Surviving family members can demand compensation for the loss of their loved one by filing a wrongful death lawsuit. This allows them to be compensated for the pain and suffering from their loss, the loss of companionship of family members, and any economic losses caused by the death of their family member.
- Extent of property damage – When you have significant vehicle damage or even a total loss, this can be used to increase your settlement amount.
How Long Your Michigan Truck Accident Case May Take to Settle
No two truck accidents in Michigan are exactly alike, no matter how similar one may be to another.
So even if your truck accident involved a similar type of accident, involved similar parties, and resulted in similar injuries as another truck accident, you still may have to wait a different amount of time to settle.
How much time it takes to settle your case can be affected by these factors:
- The severity of your injuries and losses
- Your current and future medical needs
- How many parties are involved in your accident
- Who is found to be at fault
- The insurance of the at-fault parties
- Where the accident lawsuit is filed
- The competence of your legal representation
How a Michigan Truck Accident Lawyer Can Increase Your Settlement
No matter what happened with your Michigan truck accident, it’s always in your best interest to have legal help on your side who fully understands how truck accidents work.
Here are some of the most important ways Kajy Law’s truck accident lawyers can help increase your settlement:
Providing a thorough case evaluation
Our experienced truck accident lawyers will assess your case and examine all aspects of the accident. This includes your injuries, your losses, and potential compensation sources. This evaluation includes:
- Accident reports – Our lawyers can access and analyze important information that can increase your case’s value, such as police reports and accident scene evidence.
- Medical records – Our combined 13 decades of legal experience lets us skillfully review all of your medical documentation to understand the full extent of your injuries.
- Witness statements – We can help contact and collect testimonies from witnesses to strengthen your case.
Gathering and preserving key pieces of evidence
Our lawyers will collect and preserve critical evidence that establishes the liability of other parties, such as:
- Electronic Logging Device (ELD) Data – We can access and analyze the truck’s ELD for hours-of-service compliance to see if any violations occurred that would show their liability.
- Maintenance records – By checking for any maintenance issues or violations, we can find possible evidence we can use to increase your settlement amount.
- Surveillance footage – Our lawyers can attain any available video evidence from traffic cameras or nearby businesses, providing crucial evidence for your case.
Negotiating with Insurance Companies
Insurance companies often do everything they can to minimize payouts. Our lawyers know how to handle all communications and negotiations with them to ensure you receive the settlement you deserve.
This includes knowing what your case is worth, assessing the offers they make to ensure they cover all your damages, and being able to effectively and aggressively negotiate for maximum compensation.
Representing You in Court
If a fair settlement can’t be reached, our truck accident lawyers are ready to skillfully represent you in court, advocate for your rights, and acquire the compensation you deserve.
This may involve initiating legal proceedings against the responsible parties and presenting a compelling case to the judge and jury to secure the highest possible settlement.
Want More Help Understanding Michigan Truck Accident Settlements?
No matter if you were involved in a Detroit truck accident, a Southfield truck accident, or an accident anywhere else in Michigan, our truck accident attorneys are ready to help you in every way you need.
This includes legal guidance and practical assistance from the moment you suffered your truck accident until the time you receive your settlement check.
Our attorneys are ready to answer any truck accident settlement questions you have. Simply fill out our contact form or call us today to schedule a free truck accident consultation and ask our attorneys any questions you have about your accident.
Contact Our Michigan Truck Accident Lawyers
With so much on the line, you deserve experienced truck accident lawyers who know how to maximize your Michigan truck accident settlement.
Kajy Law has helped over 2,500 Michigan accident victims get the compensation they deserve. Let us get started on working up your truck accident case today.
Call us at 248-702-6641 or fill out our contact form for a free truck accident consultation.
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