- May 24, 2023
- Personal Injury
- Truck Accidents
When a trucking accident happens, the first option for payment of your medical bills and lost wages is your no-fault auto insurance policy. As a no-fault state, Michigan requires every party to an accident to use their own insurance to cover their medical bills. However, there are instances where victims can file a third-party lawsuit, namely when there is a severe injury, disfigurement, or death.A third-party lawsuit is filed against the at-fault party to recover compensation. This article answers the question: Can I file a third-party lawsuit after a trucking accident? It also covers those you can sue after a trucking accident.
If you or your loved one was involved in a trucking accident, contact Goodman Acker P.C. at 248-286-8100 for a free case review.
Why You Need the Legal Team at Goodman Acker P.C.
Goodman Acker P.C. has been helping trucking accident victims obtain fair compensation for decades. We understand the complexity of trucking accident cases due to the diversity of at-fault parties. Therefore, we carefully examine every case we handle to identify all those at fault and hold them responsible for their actions.
The legal team at Goodman Acker P.C. has a 99% success rate and invests time and resources in every case as required.
Our dedicated and committed truck accident lawyers pursue each case aggressively until they get a favorable outcome. Also, we work on a contingency fee basis, so you don’t have to worry about paying us until we win your case. Our initial consultations are free, so call us at 248-286-8100 now to schedule one.
Can I File a Third-Party Lawsuit After a Trucking Accident in Michigan?
Yes, you can. As mentioned, you can commence a third-party lawsuit if you sustained severe injuries or disfigurement from the accident. Those who lost their loved one to a trucking accident can file a third-party action called a wrongful death lawsuit.
Due to the nature of trucking accidents, there are different parties you can hold liable. For example, you can file a third-party lawsuit against:
The Truck Driver
The truck driver is the first party you can file a third-party lawsuit against because they operated the vehicle. The truck driver will be liable if they behaved negligently, like driving under the influence, driving the truck outside the FMCSA Hours of Service Regulations, being distracted, etc. In most cases, the truck driver and the trucking company are jointly liable for an accident.
The Trucking Company
You can sue the trucking company if they engaged in negligent hiring practices. For example, suppose the trucking company knew the driver had a history of drunk driving and still hired them. In that case, the truck company will be liable if the trucker caused an accident while impaired.
Aside from being liable for negligence, the company will also be responsible due to vicarious liability. The doctrine of vicarious liability states that employers are liable for the actions of their employees. If the truck company tries to deny liability, our truck accident lawyers will use evidence to show why they should be held responsible.
The Truck Manufacturer
Unfortunately, a manufacturer’s error can cause an accident. In the aftermath, you may need to file a third-party lawsuit against the negligent manufacturer. Most of these manufacturer defects affect brakes, tires, steering systems, hitches, axles, etc. These parts play a role in the safe operation of a truck; as such, the parts must be made and installed perfectly to standards.
Manufacturers must ensure that the products they provide to the trucking industry are free of manufacturing and design errors.
Manufacturers must warn consumers or trucking companies of any defective part. A failure to warn can be seen as negligence, a ground for a third-party lawsuit. Filing a third-party lawsuit against a manufacturer requires a unique understanding of how the accident may have been caused and ways to prove the defect exists.
The large insurance companies backing the manufacturers also add to the complexities of these types of lawsuits. Thankfully, our trucking accident attorneys have successfully handled cases involving truck manufacturers. Contact us to learn how we can help you.
Can I File a Third-Party Lawsuit After a Trucking Accident -- FAQs
The complexities of trucking accident lawsuits may leave you with questions. The following are some of the questions our truck accident lawyers answer:
Who Can I Sue After a Trucking Accident in Michigan?
You can sue the truck driver or trucking company. You can also take action against the truck manufacturer if a manufacturing error or defect caused the accident.
When Can I File a Third-Party Lawsuit in Michigan?
You can file a third-party lawsuit if you sustained severe wounds like traumatic brain or spinal cord injuries. You can also file a case when you suffer a disfigurement or disability.
How Long Will My Trucking Accident Lawsuit Last?
Your lawsuit can last from one to two years or more. It is subject to the court’s schedule, so there’s no fixed timeline.
What Will My Trucking Accident Compensation Cover?
Your trucking accident compensation will cover your medical bills, lost wages, property damage, pain and suffering, loss of earning capacity, etc. In some cases, you may be entitled to exemplary damages.
Were You Injured in a Trucking Accident? Contact Goodman Acker P.C. Now!
At Goodman Acker P.C., we have handled numerous truck accident cases and know what evidence is needed to show negligence by a driver, trucking company, or manufacturer. We don’t take these cases lightly and work hard to right the wrongs you have experienced.
With our Detroit truck accident lawyers on your side, you can feel peace of mind knowing that skilled advocates are working to protect your best interests. We care about your needs and do whatever it takes to help you reach a favorable outcome. Call us today at 248-286-8100 to book a free initial consultation.