Semi-truck accidents are among the most catastrophic, often resulting in severe injuries, economic losses, and even death. The sheer size and weight of these commercial vehicles mean that when something goes wrong, the consequences can be devastating for all involved. In the aftermath of an accident, victims and their families can be left facing months and even years of physical pain, emotional trauma, and uncertainty, and financial worries.
The financial stakes are often higher in Michigan 18-wheeler accident cases. Any injuries are typically more serious, which can translate to a higher settlement or verdict. This is one of the reasons why commercial insurance policies tend to have higher limits. However, that doesn’t mean that the insurance company is more willing to pay the financial compensation you deserve.
At Conybeare Injury and Accident Lawyers, we fight to protect the rights of motor vehicle accident victims. We have been representing clients in claims against large trucking firms since 1984, and use that experience to secure the results you need. If you or a loved one has been involved in an 18-wheeler accident, don’t leave your future to chance. Call us for a free, no-obligation consultation and case review. We represent clients throughout Kalamazoo County, Berrien County, Cass County, Van Buren County, and West Michigan.
Why Hire Conybeare Injury and Accident Lawyers for Your 18-Wheeler Accident?
When you’ve been injured in an 18-wheeler accident, you want to work with an aggressive yet compassionate personal injury lawyer who knows how to get results. With a reputation for excellence in litigation, our law firm has been recognized for its dedication and success in representing those who have suffered due to others’ negligence. When you work with us, you strengthen your case with the following advantages:
- Award-Winning Representation: Our law firm has been named a Tier 1 law firm in the Kalamazoo (Southwest Michigan) Region for Plaintiffs Personal Injury Litigation by U.S. News – Best Lawyers® “Best Law Firms” in 2021 and 2022. Such accolades reflect our commitment to excellence in legal practice.
- Experienced Attorneys: Our team’s experience and recognition are unparalleled. Barry Conybeare has been honored as Best Lawyers® “Lawyer of the Year” for Plaintiffs Personal Injury Litigation in the Kalamazoo (Southwest Michigan) Region in 2013, 2017, 2021, and 2024. We’re also thoroughly familiar with the state and federal laws that apply to local and interstate commerce.
- We Know Insurance Dynamics: Our experienced truck accident lawyers know how insurance adjusters operate. We firmly reject any lowball offers and fight to secure fair settlements for our clients.
- Strong Support: We handle cases involving serious personal injuries, disabling illnesses, and wrongful death with sensitivity and determination, ensuring you receive the support you need. When necessary, we work with accident reconstruction experts to make your case as strong as possible.
Your initial consultation is free, and our services are provided on a contingency basis. This means you will only pay legal fees if we secure a recovery on your behalf, reducing your financial risk. Let us help you pursue your claim and work towards a fair and just resolution.
Michigan Truck Accident Statistics
In 2023, Michigan reported 15,852 crashes involving heavy trucks or buses, according to the Michigan Traffic Crash Facts summary. Of these incidents, 100 resulted in fatalities and 2,774 caused injuries. That means roughly 1 in every 158 truck collisions led to a death, while nearly one in six resulted in injuries.
Data shows that about 5.2% of all Michigan accidents involve a truck or bus, underscoring how significant their impact is on road safety. Common causes for these crashes included inadequate stopping distance, failure to yield, improper lane changes, and speeding. Specifically, there were 1,463 crashes due to inability to stop in time, 1,044 for failing to yield, 933 for improper lane use, and 543 related to speeding.
While overall traffic fatalities in Michigan have risen by over 11% between 2019 and 2023, increasing from 985 to 1,095, the number of truck crash deaths remained steady at around 100 annually. It’s a firm reminder that when road safety is neglected, the outcome can be catastrophic.
How Are Truck Accident Claims Different From Car Accidents?
Unlike regular motor vehicles, commercial trucks are subject to rules and regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These federal regulations cover virtually every aspect of commercial vehicle operation, including but not limited to, hours of service, truck maintenance standards, and driver qualifications. This means that handling a semi-truck accident case requires familiarity with both federal and state laws.
18-wheeler claims also potentially involve multiple defendants. This can include the truck driver, the owner of the truck, the trucking company, transportation brokers, and various other entities in the distribution chain. Each party may bear some degree of responsibility for the accident, complicating the process of determining liability and pursuing monetary compensation.
The insurance situation for semi-truck crashes is markedly more complicated than for standard car accidents. Multiple insurance policies may come into play, including those held by the trucking company, the at-fault driver, and other involved entities. Identifying these policies and determining how they interact can be a challenge that requires extensive experience with commercial truck accident cases.
Common Causes of Semi-Truck Accidents in Michigan
Trucking accidents in Michigan result from a variety of factors, and understanding these causes is essential for identifying liability in the aftermath. Some of the most common causes include:
- Truck Driver Fatigue: Despite regulations limiting driving hours, truck drivers often work long shifts without adequate rest. Fatigue can impair a driver’s reaction time, judgment, and overall ability to operate a vehicle safely.
- Distracted Driving: Like all road users, truck drivers can be distracted by mobile phones, navigation systems, or other activities that take their attention away from the road. Given the size and mass of trucks, the briefest lapse in focus can lead to head-on collisions.
- Drunk Driving: Alcohol consumption standards are even stricter for those holding a commercial driver’s license, but drunk driving continues to contribute to trucking accidents.
- Reckless Driving: Exceeding speed limits or engaging in reckless driving behaviors increases the risk of losing control of the vehicle, especially in adverse weather conditions or on challenging road layouts.
- Overloaded Trucks: The way a truck is loaded can affect its stability and maneuverability. Improper loading of cargo and poor cargo securement can lead to rollover accidents or loss of control. When the truck is carrying hazardous materials, the danger increases.
- Mechanical Failures: Regular maintenance is crucial for the safe operation of any vehicle, particularly commercial trucks. Brake failures, tire blowouts, and other mechanical issues can cause serious accidents if not addressed promptly.
- Bad Weather Conditions: Snow, ice, rain, and fog can all reduce visibility and make roads slippery, presenting significant challenges for truck drivers. Failure to adjust speed and driving style to the conditions can lead to accidents.
- Inadequate Training: Driving a commercial truck requires specialized skills and knowledge. Inadequately trained drivers may not know how to react safely in emergency situations, increasing the risk of a jackknife accident or worse.
Identifying the underlying cause of a commercial motor vehicle accident is a key step in determining liability and pursuing monetary compensation for victims. In Michigan, where changing seasons can dramatically affect road conditions and the trucking industry plays a vital role in the economy, understanding these common causes can help improve safety for all road users.
What to Do After a Truck Accident
Being involved in a truck accident is traumatic, but the steps you take immediately following the incident can impact your safety, well-being, and any future claims you may need to pursue. Below is a list of recommended actions.
- Ensure Safety: Start by assessing your own safety and the safety of any passengers in the vehicle with you. If possible, move to a safe location away from traffic to avoid further accidents. Turn on your hazard lights to alert other drivers.
- Call Emergency Services: Dial 911 to report the accident. Request medical assistance even if you don’t think you’ve been seriously injured, as some injuries may not be immediately apparent. This includes whiplash, concussions, and even life-threatening conditions like internal bleeding.
- Exchange Information: Exchange contact and insurance information with the semi-truck driver and any other drivers involved. Be sure to get the truck driver’s name, license number, trucking company information, and the vehicle’s license plate number.
- Take Pictures: Take photographs and video of the accident scene, including all vehicles involved, road conditions, and traffic signs or signals. These photos can serve as valuable evidence for your personal injury claim. If necessary, get someone to help you.
- Gather Witness Information: If there are any witnesses to the accident, ask for their contact information. Witness statements can provide an independent account of what happened and may support your version of events.
- Seek Medical Care: Visit a doctor or hospital as soon as possible after the accident. A thorough medical examination will document your bodily injuries, which is essential for any potential catastrophic injury claims. Insurance providers will ask for this information before they even consider a settlement.
- Report the Accident to Your Insurance Company: Notify your insurance company about the truck accident, but be cautious about providing a statement, especially if you haven’t yet consulted with an experienced truck accident attorney. Stick to the facts and avoid admitting fault.
- Consult with a Personal Injury Attorney: Consider consulting with an attorney experienced in Michigan truck accident cases. They can evaluate your case, help you prepare and file your claim, and work to ensure you receive fair compensation for your injuries and financial losses.
Following a truck accident, it’s normal to feel shaken or unsure of what to do next. Remembering these steps can help protect your legal rights and provide a foundation for recovering from the incident. Your focus should be on your health and recovery while a qualified attorney handles the legal aspects of your case.
Who is Liable for Injuries After an 18-Wheeler Accident?
Who is legally responsible for your damages can be complicated, since several negligent parties may be involved. They include:
- The Truck Driver: If the truck accident was caused by a commercial driver’s carelessness or negligence, such as driving under the influence, texting and driving, or violating other road safety laws, you could pursue a claim directly against the driver for compensation.
- The Truck Company: Under Michigan law, truck companies can be held liable for their employees’ actions while on the job. If the company failed to carry out proper truck maintenance, did not follow safety regulations, or inadequately trained or supervised their drivers, you could file a claim against the trucking company.
- Parts Manufacturer: In cases where a defective truck part contributed to the truck accident, the manufacturer of that part could be held responsible. Whether it’s a brake failure, tire blowout, or another mechanical issue, you may have a claim against the manufacturer for failing to ensure the safety and reliability of their products or against the maintenance shop for failing to perform adequate preventative maintenance or repairs.
- Cargo Handling Company: If improperly secured or overloaded cargo played a role in the truck accident, the cargo handling company might be liable. These companies are responsible for ensuring that all cargo is safely loaded and secured before transport.
- Your Auto Insurance: Michigan’s no-fault insurance law means that your auto insurance policy may cover some or all of your medical expenses and lost wages, regardless of who was at fault for the truck accident. The specifics will depend on your policy’s terms and coverage limits.
At Conybeare Injury and Accident Lawyers, we will thoroughly investigate your truck accident. Our legal team is adept at preserving critical evidence, such as the truck’s black box data, maintenance records, and driver history, to build a strong case on your behalf.
What Compensation Can You Get in a Michigan Truck Accident Lawsuit?
Victims of auto accidents may be entitled to various forms of compensation, depending on the specifics of their case. This compensation may be paid by the defendants’ insurance, your auto insurance, or another entity, depending on the type of damage at issue, the circumstances, and the insurance available. Here are the main categories of compensation that may be available:
- Medical Expenses: This includes compensation for all medical treatments related to injuries sustained in the accident. It covers past, present, and future medical costs, such as emergency room visits, hospital stays, surgeries, medications, physical therapy, and any ongoing care needs.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for loss of income. This also covers future earnings if your ability to work and earn a salary has been permanently affected by your injuries.
- Pain and Suffering: Beyond the physical injuries, truck accident victims often endure significant pain and emotional distress. Compensation for pain and suffering accounts for the physical discomfort and mental anguish resulting from the accident, including anxiety, depression, loss of enjoyment of life, and other psychological impacts.
- Property Damage: If the accident resulted in damage to your vehicle or personal property, you could be compensated for repair or replacement costs.
- Loss of Consortium: When the accident has affected the victim’s relationship with their spouse, compensation for loss of consortium may be awarded. This recognizes the loss of companionship, affection, and support.
- Wrongful Death: If the truck accident resulted in a fatality, the victim’s family might be eligible for wrongful death compensation. This can include funeral and burial expenses, loss of the deceased’s future earnings, loss of companionship, and emotional distress suffered by the family members.
Here are key elements that typically affect compensation amounts:
- Severity of Injuries: Generally, more severe injuries like traumatic brain injuries and spinal cord injuries lead to higher compensation due to increased medical care costs, longer recovery periods, and a greater impact on your quality of life.
- Quality of Evidence: The strength of the evidence supporting your claim, including medical records, police reports, witness statements, and documentation of expenses and financial losses, plays a critical role in the compensation process.
- Insurance Policy Limits: The amount of insurance coverage available from the negligent truck driver, trucking company, or your own insurance policy can limit the compensation amount.
A truck accident lawyer can help you understand the value of your claim, gather the necessary evidence, and advocate on your behalf to ensure you receive the maximum compensation possible for your losses and injuries.
How Long Do You Have to File a Truck Accident Claim in Michigan?
If you’ve been injured in a truck accident in Michigan, the clock is already ticking. State law gives you three years from the date of the crash to file a lawsuit for personal injury or property damage. That means if you wait too long to act, you could lose your right to recover compensation, even if the truck driver or trucking company was clearly at fault. This three-year deadline applies to most civil lawsuits related to motor vehicle accidents, including those involving commercial trucks.
Michigan’s no-fault insurance system has its own timeline. If you’re seeking reimbursement for medical bills, lost wages, or other accident-related expenses through your Personal Injury Protection (PIP) coverage, you must file within one year of the date each expense became due. Missing this deadline could mean your insurer won’t have to pay, even if the cost is directly related to the crash.
There are exceptions, but they’re limited. If the person injured in the truck accident is under 18, the three-year deadline can extend beyond their 18th birthday. In rare cases, the court might extend a deadline if the defendant concealed their identity or left the state, but these situations are handled case by case. Filing early gives your legal team more time to build your case and protect your rights under Michigan law.
Have You Been Injured? A Truck Accident Attorney is Only a Phone Call Away!
At Conybeare Injury and Accident Lawyers, we provide victims of truck crashes with the skilled representation they need to secure the best possible outcome. If you or a loved one has been involved in a truck accident, don’t face the future alone. Let us handle the legal burden so you can focus on healing and rebuilding your life. To schedule your free initial consultation with our experienced truck accident lawyers, call our law firm at 269-769-BEAR or fill out this contact form. Remember: if it’s not fair, call the Bear!
