Truck Accident Lawyers

Does Liability Matter in a No-Fault State Like Michigan?

Since Michigan is a no-fault state, some think that fault doesn’t matter after a Michigan truck accident.

However, establishing liability after your truck accident can be an essential part of receiving the settlement amount you deserve.

This has to do with the fact that there are no-fault limits for drivers. That means you can only have your insurance company pay certain accident damages up to a certain amount.

In some cases, though, a Michigan truck accident is so severe that it can result in damages that go beyond what’s covered under the Personal Injury Protection (PIP) benefits provided by your insurance policy.

When this happens, you may need to file a lawsuit for damages against the at-fault parties of your truck accident. But to do so, you must first establish liability for the accident among the various parties involved in your truck accident.

Who May Be Liable in a Truck Accident in Michigan

One of the biggest differences between a truck accident and an accident involving only passenger vehicles is how many more parties can be held responsible for it.

Michigan law may allow these parties to bear responsibility for your truck accident:

• The semi-truck driver
• The trucking company
• The cargo company/freight broker
• The passenger vehicle drivers involved
• The mechanic who serviced the truck
• The owner of the truck (if it’s not owned by the driver or trucking company)
• The manufacturer of the truck or of a faulty part used on the truck
• A government entity who failed to post adequate signage or maintain the road

However, this is not an exhaustive list. Our truck accident lawyers are skilled at identifying all of the potentially responsible parties for your accident.

How Michigan Truck Accident Liability is Established

To establish liability for your Michigan truck accident lawsuit, you need to prove which parties were negligent. In other words, you need to show who broke the law and caused the truck accident.

The various parties investigating a truck accident case often establish who is liable. These investigating parties can include:

• The police officer who responded to the accident scene
• A trained investigator or attorney hired by the different parties involved
• Insurance companies or adjusters
• A trial judge or jury

As these parties investigate the truck accident, they may focus on these important aspects that show liability:

• The scene of the truck accident – This can be one of the most important sources of evidence that establishes liability for the accident. Tire marks, road conditions, visibility, and other pieces of evidence are gathered to determine what happened and who is liable.
• The injuries sustained by accident victims

Injuries can tell a story of what took place at an accident and how severe it was. This evidence can also be used when it comes time to file a lawsuit for damages.

• Witnesses to the accident

First-hand testimonies of the truck accident from witnesses can provide key insights that help establish what happened, when, and by whom.

• The truck driver – A truck driver needs to meet specific laws and requirements that help protect everyone on the road, such as those from the Federal Motor Carrier Safety Administration (FMCSA). If the truck driver has been found to have violated these or other laws and requirements, this can be used to establish their liability for the accident.

Drivers are also required to keep an electronic logging device (ELD) to record data about the driver’s speed and how long they have been driving. This data can play a role in determining liability as well.

• The trucking company – Trucking companies can be found liable if they violated safety policies and federal regulations, such as those that dictate how long their drivers are allowed to drive per day or week. They may also be investigated to see how they conducted business or if they broke any laws that could make them liable for an accident.
• Photos or videos – The footage for photos that are recorded from traffic cameras or surveillance cameras in the area of the accident can be used to establish what took place with the accident and who was responsible for it. Footage from dash cameras can also be used to establish liability.

There may be other sources of evidence or factors that can be used to establish liability from your truck accident. Kajy Law understands this complex legal process and is ready to help establish which party or parties are financially responsible for your accident.

How Comparative Negligence Laws Affect Your Truck Accident Settlement

The state of Michigan doesn’t always hold just one party at fault for truck accidents. Rather, Michigan may use something called comparative negligence.

This is where the actions of everyone involved are examined to see who may be partially responsible for the truck accident. This can include injured vehicle drivers or passengers like you.

As a result, you may receive less compensation from a lawsuit because you are found to be partially at fault for the accident. For example, if you are found to be 20 percent at fault, you would be able to recover 80 percent of the damages awarded to you.

However, this comparative negligence law does not apply to no-fault PIP benefits to pay for medical bills and lost wages, since these are not affected by liability. It can, though, impact the amount of excess no-fault benefits you receive, as well as vehicle repair damage and pain and suffering damages.

Our truck accident lawyers know how complex liability, benefits, and lawsuits relating to your truck accident can be. That’s why we offer a free consultation to help you understand what damages you can potentially receive from your Michigan truck accident.

How Trucking Companies May Try to Deny Truck Accident Liability

Since the trucking industry makes almost one trillion dollars annually, trucking companies often have a tremendous amount of resources at their disposal to help them deny liability for a truck accident.

One way they may try to do this is by hiring trained investigators or insurance adjusters to influence the details of a truck accident.

These hired professionals may quickly arrive at the truck accident scene to make their own assessment and conclusions of the accident site, evidence, and vehicles. Their assessments are usually designed to release the trucking company from liability.

Another tactic trucking companies may use is to tamper with or destroy evidence that shows they or their driver are responsible for a truck accident in order to not be found liable.

However, having a truck accident lawyer on your side can help negate these tactics of the trucking companies by using legal protections available to you.

For example, the lawyers at Kajy Law can send a spoliation letter to the trucking companies immediately after your accident to make sure they don’t destroy evidence that can show their liability for your truck accident.

Have More Questions About Establishing Liability for Your Michigan Truck Accident?

Proving who was liable for your truck accident is an essential step to receive the compensation you deserve, no matter if you were involved in a Detroit truck accident, Dearborn truck accident, or an accident anywhere else in Michigan.

So if you have questions about liability for your Michigan truck accidents, call us today or fill out our contact form. This will allow you to get free answers from out truck accident attorneys during your complimentary consultation.

From there, we’ll use this evidence to maximize the settlement amount that these responsible parties pay you for your damages.

Contact Our Michigan Truck Accident Lawyers Today

With over 133 years of combined legal experience, our lawyers have the legal knowledge and insights needed to maximize your settlement.

We know what it takes to hold the at-fault parties responsible and make sure you get paid the full amount you deserve.

Get a free truck accident consultation by calling 248-702-6641 or fill out the contact form below.