Most Common Southfield Truck Accident FAQs

The very first question most people ask after being involved in a truck accident is, Do I need a truck accident attorney? Of course, you can try to navigate the tricky terrain following a truck accident on your own. It’s not advisable, though. In Michigan, the statute of limitations on filing a lawsuit for a truck accident is three years.

Hiring a lawyer who specializes in truck accident cases will help you far more easily overcome the MANY legal hurdles involved with a truck accident. Having experienced legal representation can be the difference between a minimal compensation payout and a much higher settlement.

Plus, by choosing a truck accident law firm that works on a contingency basis, you won’t have to pay anything unless they win.

What’s the First Thing to Do After a Truck Accident in Southfield?

Along with ensuring you and everyone else are okay, you need to contact the police immediately and assess the scene. It’s not uncommon for trucking companies to send their attorneys, investigators, and insurance adjusters to the scene of an accident to lessen their liability.

That’s why you must not provide any statements or sign any release forms from the trucking company or its insurance provider before calling an attorney for legal advice. This will help ensure that you are not unwittingly giving up your rights.

Does Michigan’s No-Fault Law Apply to a Truck Accident?

Dealing with insurance companies is one of the biggest benefits of having a lawyer for a truck accident in Southfield.

Michigan operates under an auto no-fault insurance system. That means that drivers involved in an accident, even if they’re partially or fully at fault, can collect insurance benefits from their provider. With a truck accident, however, other insurance considerations are at play

As per the Federal Motor Carrier Safety Administration regulations, interstate trucking companies doing business or traveling in Michigan are required to carry a minimum of $750,000 of insurance for property damage or injuries. And they will attempt to avoid payout wherever possible.

Whatever the case, if you have the proper auto insurance coverage, you may pursue two claims: a first-party claim and a third-party claim.

What Is a First-Party Claim?

When looking to recoup expenses for medical expenses, in-home attendant car, special transportation/medical mileage, and replacement services, you would file a first-party claim to access your no-fault PIP benefits.

For survivors of those killed in a trucking accident, these benefits may also cover certain expenses such as funeral costs.

How Does a Third-Party Claim Work?

A third-party claim alleges that the other party was negligent and aims to collect non-economic damages such as pain and suffering. With this sort of claim, the at fault party would be liable for these payments. As mentioned above, the minimum policy limit is $750,000 as dictated by federal regulation.

Who Can Be Held Liable for Paying Damages in My Southfield Truck Accident?

There are multiple parties who can be held liable for paying damages in a Southfield truck accident. They are as follows:

• The truck driver
• The vehicle owner, trailer owner, or trucking company
• Manufacturers of defective truck parts
• Employers
• Contractors
• The party that loaded the truck
• The shipper that retains the trucking company
• Insurance companies

Who will actually be held accountable for your damages will depend on the circumstances of your case.

How Much Money Will I Receive for My Michigan Truck Accident Case?

This is one of the most frequently asked questions about truck accidents.

While your settlement amount will also depend on the circumstances of your case, the insurance limits are much higher in trucking cases than in most other car accident cases.

The payout will include the degree of liability by the truck driver, as well as any fault you might have attributed. Other factors under consideration include the seriousness of your injuries, the type of medical treatment, and whether you are disabled as a result of your injuries. Settlements may also include compensation for financial losses you’ve already suffered, as well as those you will suffer in the future, such as lost income and future earnings.

How quickly you receive payment for damages from will vary. Generally speaking, the time period for your truck accident lawsuit could run anywhere from several months to three years.

Where Will My Truck Accident Case Be Filed?

Michigan law dictates an order in which you would file a lawsuit, depending on where the accident occurred and where the parties reside.

First would be the county where the accident took place (in this case, Oakland County) and where the defendant resides. Second is the county where the accident took place and where the plaintiff resides.

If neither of those applies, the third choice would be where the plaintiff and defendant reside/conduct business. And if neither of those are applicable, the fourth choice is to file in the county where the accident occurred or in the county where the defendant resides.

Finally, if the defendant doesn’t live in Michigan, the case may be filed in federal court as long as the alleged value exceeds $75,000.

Contact the Best Truck Accident Lawyer in Southfield

If your question wasn’t part of the Southfield truck accident FAQs we covered here, or if you want more information about your rights, don’t hesitate to reach out to the experienced truck accident lawyers at Kajy Law in Southfield.

Call us at 877-KAJY-CARES or fill out our online form to set up your free consultation. We’ll use our expertise to prove your damages and get you as much money as possible.

So reach out today. And let the real healing begin.