If you have been involved in a truck accident in Ann Arbor, you may have many questions about your rights and legal options. After all, truck accident claims are more complicated than regular auto accident cases. It is essential to understand the unique legal issues of truck accidents and know the facts about such cases in Ann Arbor.
It is not always easy to get the care and justice you need after a truck accident. However, you do not have to take on your case alone. This article will focus on understanding the different legal issues regarding truck accidents, so that you can make informed decisions when considering what steps to take next. Read on to learn more about the basic facts of truck accidents and Ann Arbor law.
Common Causes of Truck Accidents
When you are dealing with a truck accident case in Ann Arbor, it is important to know the common causes of these types of accidents. Understanding the contributing factors may help you better pursue legal action and seek compensation if that is the route you choose to take.
The primary cause of truck accidents is driver error. This could include a variety of factors like driving under the influence, distracted driving, or failing to obey traffic laws and driving regulations. Other common culprits for truck accidents can include inadequate training, overloaded cargo, poor vehicle maintenance, harsh weather conditions, and even mechanical failure caused by faulty parts.
It is also important to note that large trucks must follow stricter rules than passenger vehicles when it comes to federal trucking regulations. Truck drivers must adhere to strict hours-of-service requirements that limit how long they can legally drive within a certain period and require frequent breaks from their travels. When this regulation is breached due to strict deadlines or other commitments beyond the driver’s control, it can be a contributing factor to an accident as well.
Michigan Statutes and Regulations Governing Truck Accidents
When you are involved in a truck accident in Michigan, you need to understand the laws and regulations that govern it. The state requires that all companies operating trucks like semis or 18-wheelers have what they call “evidence of financial responsibility” on file to operate legally. This includes proof that they carry adequate insurance coverage for any accidents, which helps ensure those who are injured receive proper compensation.
Michigan also imposes stringent regulations regarding the amount of rest and work allowed for truck drivers each day. This is designed to help prevent fatigue-related accidents, which can be particularly damaging when involving large trucks.
In addition, Michigan law requires strict adherence to general safety rules and regulations imposed by the federal government as well as local Ann Arbor ordinances. This means anyone operating a truck must comply with all traffic laws, including speed limits and other signage, no matter where they are driving.
The state of Michigan takes truck accident cases very seriously, ensuring that those injured have access to justice when they have been taken advantage of by irresponsible or negligent operators.
Proving Negligence and Liability in A Michigan Truck Accident
There are a few things you should know when it comes to proving negligence and liability in an Ann Arbor truck accident. First of all, it’s important to understand that each state has its own personal injury laws, so what pertains to one state might not be applicable to another.
Proving Negligence
For Michigan specifically, the law states that when someone is injured due to someone else’s negligence or wrongful conduct, the injured person is entitled to compensation for the injuries. To prove negligence in regard to a truck accident, you’ll need evidence showing the following:
- The other party had a duty of care toward you (e.g., they owed you a standard of safety).
- The other party breached this duty of care (e.g., they were not observing safe driving practices).
- The breach of duty caused your accident and injuries.
- You incurred damages as a result (e.g., medical bills).
Liability Factors and Insurance Coverage
Other common factors considered in determining liability include any reckless behavior by either party involved in the accident, vehicle or road maintenance issues, faulty auto parts, or equipment issues. In cases where multiple parties share responsibility for an accident, the court will determine each person’s percentage of fault per Michigan’s modified comparative fault rule (or MCCF).
Usually, victims can file a lawsuit against any party that was more than 50% responsible for their injuries/damages. Additionally, drivers may have their own auto insurance which can be accessed for compensation — as well as insurance provided by their employers if they were working at the time of the crash.
Calculating Damages in A Truck Accident Case
If you have suffered from a truck accident and your finances, property, or health have been affected, then you may be entitled to compensation. But calculating the damages owed to you can be tricky and time-consuming.
Lost Wages
First, you need to calculate the amount of wages you have lost due to missing work due to injuries or recuperation. This will include any job-related benefits such as medical insurance premiums and other benefits associated with employment that were lost due to the accident.
Medical Expenses
You will also need to consider any medical expenses that resulted from the accident. This could include both current and future medical costs such as doctor bills, physical therapy, hospitalization, surgeries, and medications. The costs may also include long-term care if needed.
Pain And Suffering
Pain and suffering damages are more difficult to calculate because they are subjective rather than objective costs. Pain and suffering are what a victim feels after a truck accident caused by negligence—emotional distress for example—and this suffering may not be easily quantified in terms of monetary value. Your attorney will help guide you through gathering evidence in order to provide an accurate assessment of the emotional damages caused by the accident.
Making sure you are adequately compensated for your truck accident case depends on your ability to accurately assess how much money and other resources were lost because of it. Knowing what factors go into calculating those losses can help ensure that you receive a fair settlement or award from the court.
Deadline for Filing an Ann Arbor Truck Accident Claim
If you or a loved one has been in a truck accident anywhere in Ann Arbor, Michigan, it is important to know that Michigan law sets a deadline for filing an injury claim related to such an accident. This “statute of limitations” is three years from the accident date, so if your claim is not filed within this period, the court will likely bar your recovery for damages.
The statute of limitations serves multiple purposes, including:
- Ensuring that evidence and witness testimony are as accurate and reliable as possible.
- Giving victims and survivors the opportunity to assess their medical expenses and other costs associated with their injuries.
- Encouraging parties to pursue settlements promptly to avoid costly litigation.
Knowing this information can help you plan for potential legal proceedings following an Ann Arbor truck accident, providing peace of mind as you work through recovery from your injuries. Failure to understand and act on statute of limitations deadlines means that victims may unintentionally waive their right to sue for damages, so it is best to discuss all relevant facts with a qualified lawyer right away.
FAQs
If you have been involved in a truck accident in Ann Arbor, you may have some questions about your legal rights and options. Here are answers to some of the frequently asked questions about truck accident law:
Who can be held responsible for a truck accident?
In most cases, the driver who caused the accident is considered liable. However, other parties such as the trucking company or even a third party may be held responsible as well. An experienced attorney can help you determine who is at fault and can help you get the compensation you deserve.
What kind of compensation can I receive for a truck accident?
Compensation for truck accidents in Michigan typically includes medical bills, lost wages, pain and suffering, property damage, and more. A competent lawyer will help you pursue maximum compensation to cover all damages related to your case.
Can I still file a claim even if I was partially at fault?
Yes, filing a claim is still possible even if you were partially at fault. In Michigan, the court follows a comparative negligence system which means that even if you are partially at fault for an accident, you may still be entitled to financial compensation. However, your award may be limited in proportion to your degree of culpability for the incident.
By finding an experienced lawyer with experience handling similar cases in Ann Arbor and familiarizing yourself with Michigan’s comparative negligence laws, you can make sure that your legal rights are protected and that your pursuit of justice is successful.
Why Choose Us?
Choosing the right lawyer can be tricky. Nobody ever expects to be involved in a truck accident, so it is important to find someone who can help you through the process and make sure your rights are protected. So why should you choose us at Goodman Acker, P.C.?
Experienced Representation
We have over 125 years of experience in truck accident cases and have extensive knowledge of Michigan law. We will fight for you to get the compensation you deserve and do our best to ensure that justice is served.
Dedicated Representation
Our team is devoted to giving you personalized service that focuses on your individual needs. We understand how difficult these cases can be, so we will take the time to listen to your story and make sure all of your questions are answered. We have won millions of dollars in compensation for our clients.
Skilled Negotiation
Our lawyers are skilled negotiators who understand how the legal system works. We will negotiate with insurance companies and opposing counsels on your behalf, making sure no detail is overlooked. As experienced litigators, we also know when to settle out of court or take a case to trial if necessary.
It is never easy dealing with a truck accident case, but we are here for you every step of the way. Our attorneys have decades of combined experience, and we strive for excellence in every case we handle. Our goal is to get you compensation for your injuries and closure so that you can move forward with your life after this traumatic experience. Contact us today for an initial consultation!
Conclusion
Truck accidents can be confusing and hard to navigate, especially when living in the Ann Arbor, Michigan area. Knowing the legal ins and outs of truck accident law can be difficult and time-consuming on top of managing your health and your recovery.
To make sure that you have all your rights protected, it is important to hire the right attorney. An experienced lawyer can help you build your case and fight for the compensation that you deserve. Do not wait to contact us to share your story and begin the journey to protect your legal rights and get justice.
LEGALLY REVIEWED BY BARRY J. GOODMAN
Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]
ABOUT GOODMAN ACKER
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