A serious crash with an 18-wheeler, semi-truck, or other commercial vehicle on I-94, I-75, I-96, or any of Michigan’s busy corridors raises questions most people have never had to think about. Below are answers to the questions Fieger Law hears most often from Michigan truck accident victims and their families.
If your situation isn’t covered here, contact Fieger Law for a free consultation.
What counts as a “truck”?
We generally mean a commercial vehicle weighing more than 10,000 pounds—including semi-trucks, 18-wheelers, tractor-trailers, dump trucks, cement trucks, tanker trucks, garbage trucks, box trucks, and large delivery vehicles. Some, like fully loaded 18-wheelers, can weigh more than 80,000 pounds.
How is a truck accident case different from a typical car accident case?
Truck cases are governed by federal trucking regulations on top of Michigan law, often involve multiple liable parties and substantially higher insurance policy limits, and tend to result in catastrophic injuries. That means going up against sophisticated insurers and lawyers whose entire job is to minimize what victims recover. Doing so without an experienced truck accident attorney puts most people at a serious disadvantage.
How does Michigan’s no-fault system apply to a truck accident?
Even in a serious truck wreck, Michigan’s no-fault system means your own auto insurer typically pays your initial personal injury protection (PIP) benefits—covering medical bills, lost wages, and similar expenses regardless of fault.
To pursue a lawsuit for pain and suffering against the at-fault truck driver and trucking company, your injuries must meet Michigan’s “serious impairment of body function” threshold. Most catastrophic truck-crash injuries, such as traumatic brain injuries, spinal cord injuries, multiple broken bones, amputations, clear that bar easily. An experienced truck accident attorney can help determine which claims you can pursue and against whom.
Who can be held liable for a truck accident in Michigan?
Liability depends on the facts but commonly extends well beyond the driver. Potentially responsible parties include the:
- Trucking Company: For negligent hiring, training, supervision, or vehicle maintenance
- Cargo Loader or Shipper: For overweight or improperly secured freight
- Third-party Maintenance Contractor: For improper inspection, repair, or maintenance of the truck
- Truck or Parts Manufacturer: For defective brakes, tires, underride guards, or other components
- Government Entity: For dangerous road conditions
Identifying every responsible party is critical because each represents a separate insurance policy and a potential source of recovery.
What federal regulations apply to commercial trucks?
The Federal Motor Carrier Safety Administration (FMCSA) regulates hours of service, driver qualifications and testing, vehicle inspection and maintenance, cargo securement, and weight and size limits.
Violations of these rules are often central evidence in a truck accident case—but the underlying records (electronic logging device or ELD data, driver records, inspection reports, maintenance histories) must be preserved quickly, before they’re overwritten, deleted, or quietly “updated.”
What insurance are trucking companies required to carry?
Under federal regulations, interstate trucking companies must carry a minimum of $750,000 in liability insurance for bodily injury and property damage.
Many carriers—particularly those hauling hazardous materials or operating large fleets—carry significantly more, sometimes in the millions. These higher policy limits are a big part of why truck cases are fought so aggressively: insurers know the stakes are far greater than in a typical auto crash.
What is the statute of limitations for a Michigan truck accident lawsuit?
Michigan generally gives you three years from the date of the crash to file a personal injury lawsuit (MCL 600.5805). Despite the three-year window, you should act immediately since evidence in commercial truck cases disappears quickly.
Are there shorter deadlines I need to worry about?
Yes—and they catch many people by surprise. Michigan’s no-fault PIP benefits must be applied for within one year of the accident.
Claims involving a government entity (such as a city, county, or state agency responsible for road conditions or a government-operated vehicle) typically require written notice within 120 days of the injury. Missing any of these earlier deadlines can permanently shut the door on important parts of your claim.
What if I was partly at fault for the accident?
Michigan follows a modified comparative fault rule. You can still recover economic damages reduced by your percentage of fault—but if you’re found more than 50% at fault, you cannot recover non-economic damages like pain and suffering at all.
That 1% difference between 50% and 51% can mean a lot for your compensation, which is exactly why insurance companies and defense lawyers fight so hard to push blame onto crash victims.
How do attorneys prove a truck driver or trucking company was at fault?
Proving fault in a truck case requires moving fast to gather evidence that the trucking company controls and would prefer to keep buried.
Key sources include the:
- Truck’s electronic logging device (ELD) and “black box” event data recorder (EDR)
- Driver logs and qualification files
- Maintenance and inspection records
- Dispatch communications
- Dashcam and surveillance footage
- Cargo manifests
- Drug and alcohol test results
- FMCSA’s database of prior violations and crashes for the carrier
Your attorney will typically send formal preservation letters to lock down this evidence before it can be overwritten, lost, or destroyed.
What compensation can I recover after a Michigan truck accident?
Through PIP benefits, you may recover allowable medical expenses, a portion of lost wages, and replacement services or attendant care. Through a lawsuit, you may recover additional medical bills and wage loss, diminished earning capacity, pain and suffering, emotional distress, and disfigurement or scarring.
In fatal cases, wrongful death damages can be pursued for surviving spouses, children, and other family members. Catastrophic truck wrecks frequently involve lifetime medical and care costs that can run into the millions, which is why calculating the full scope of damages requires working with medical, vocational, and economic experts.
What should I do at the scene of a Michigan truck accident?
- Call 911 to bring police and EMS.
- Get medical attention immediately, even if you feel okay.
- Photograph the scene and vehicles in detail.
- Get the trucking company’s name and USDOT number along with the driver’s information.
- Get witnesses’ contact info before they leave.
- Avoid recorded statements to the trucking company’s insurer.
The hours and days after a truck wreck can shape the rest of your case, so the more thoroughly you document the scene and seek prompt care, the stronger your position will be.
How do I get a copy of my Michigan crash report?
Crash reports filed by Michigan State Police, county sheriffs, and most local agencies can be requested through the Michigan State Police Traffic Crash Purchasing System. Reports typically take a few days to become available after the crash.
The official report is an important starting document for any claim, but it’s not always complete or accurate. Your attorney can help you supplement it with witness statements, expert analysis, and other evidence.
Should I talk to the trucking company’s insurer before hiring a lawyer?
No. Don’t give recorded statements, sign releases, or accept early settlement offers from the trucking company or its insurer before talking to an attorney.
Anything you say can be used to minimize or deny your claim, and early offers are almost always far less than what your case is actually worth, especially in catastrophic injury cases where future medical needs and long-term care costs may not yet be fully understood. Once you sign a release, you cannot go back for more, no matter how serious your injuries turn out to be.
How much does it cost to hire Fieger Law for a truck accident case?
Nothing upfront. We handle truck accident cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Initial consultations are always free and confidential, with no obligation to move forward.
Contact Fieger Law Today
Still have questions, or ready to talk through your case with someone? Fieger Law has built a national reputation for taking on the toughest cases and securing landmark verdicts and settlements for our clients.
Our team handles every aspect of investigating and litigating commercial truck cases, from preserving the evidence and identifying every liable party to standing up to the trucking companies and insurers who would rather pay you nothing.
Contact us now for a free consultation.
