- February 19, 2023
- Personal Injury
- Truck Accidents
When you’re dealing with the physical, financial, and emotional hardships following a truck accident, it can be easy to put the idea of taking legal action in the back of your mind. However, it is a real situation that should be addressed so you can focus on your recovery after sustaining an injury.Legal action can be complex, especially because of the different parties who can be responsible in the actions following a truck accident. Who is liable in a truck accident in Michigan could range from the driver to the trucking company, and even others. Anyone whose negligence contributed to the accident could have to pay for it.
The multiple parties that could be involved make it important for you to seek professional advice from a skilled truck accident attorney. Your counsel will seek to hold the proper parties responsible for your injuries by naming one or more of these parties in your lawsuit.
Who is Liable in a Truck Accident in Michigan?
The Truck Driver
Oftentimes, the damages sustained in a truck accident are caused by some sort of negligence on behalf of the truck driver. This can include certain actions such as:
- Drunk driving
- Distracted driving
- Fatigued driving
- Reckless driving.
For instance, if the truck driver fails to obey safety regulations regarding how long they’re able to drive without a break, they may cause a serious accident due to being tired. Also, if the truck driver is inebriated in any way, their actions can alter their decision-making abilities and cause them to crash. Finally, reckless driving behavior, like speeding and changing lanes without caution, can also contribute to crashes.
Certain regulations in the industry exist to keep others on the road safe. By not following the guidelines, the driver could be found responsible for causing life-changing injuries in a truck accident. For these reasons, your attorney may decide to sue the driver for compensation.
However, the driver probably doesn’t have much money to pay your compensation and it will typically be his insurance company that issues the payout. Therefore, you need a team with excellent legal skills who may also go after the trucking company.
The Trucking Company and Other Involved Companies
Semi-trucks generally have two parts: the cab and the trailer. Sometimes, one company owns the cab and a different company owns the trailer. Both companies may be liable in your accident for different things.
Many times, the driver’s employer will be sued for their role in the trucking accident. The trucking company has many responsibilities when it comes maintenance, hiring practices, training, and loading. If your truck accident occurred because of a failure in one of these aspects, your lawyer will try to hold the trucking company or other responsible entity liable.
Maintenance
After the accident, it may come out that the cause of the crash was the trucking company’s failure to maintain the truck and trailer. The company may be held responsible to a certain degree if they did not take the proper steps to ensure brakes, steering, tires, engine, and more are properly cared for and safe for the driver to operate.
If the trucking company contracted with a third-party maintenance company, then that company could potentially be sued. Repair shops and mechanics are supposed to do quality work, but if they fail to deliver, you could hold them liable. Your lawyer would need to show that inadequate maintenance or poor repairs contributed to your accident or made your injuries more serious.
Hiring Practices
A trucking company should hire or contract with responsible drivers. Reasonable investigations should be done into the driver’s history. A failure to perform an investigation can open the trucking company up to liability.
Consider this example. Let’s say the driver had a suspended license for driving drunk. Now let’s say the trucking company failed to perform a background check and didn’t know the driver was without a valid license or had a drunk driving conviction. If the driver hit you while operating the truck while under the influence, the trucking company could be held liable for its hiring practices.
Company Policies
Truck drivers work on tight schedules. They face pressure from their employers to deliver timely. If the trucking company had a policy of pushing drivers beyond their limits, that’s a serious problem.
In the name of making money, the trucking company might also cut corners and fail to ensure their drivers are properly trained. An experienced attorney can obtain and review the trucking company’s records to identify negligent training practices
Loading
Sometimes the trucking company loads its own trucks and trailers. Other times, the company will contract with another company to perform the loading. Whoever loads the truck needs to ensure it is done in a safe manner and according to regulations. If the truck is overloaded or the load is uneven, the truck can roll over. If the failure to load the truck properly is the cause of your injuries, the company that loaded it can be held responsible for any damages that occur due to their error.
Similarly, if the load contains hazardous materials, the owner of the load or goods could be sued. The drivers and the trucking company should be notified about the dangers of what’s being transported. If the owner doesn’t provide this information and serious injuries result from the dangerous materials, they can be liable for resulting damages.
Manufacturers
Occasionally, a truck accident will happen because of a defective truck part. A defective part is dangerous because it can cause the driver to lose control of the truck. For example, if a truck has defective brakes, it will be unable to stop properly. If a defect contributed to your accident, the manufacturer could be on the hook for your damages.
Many manufacturing companies played a part in manufacturing the truck, cab, and trailer. If there is a defect in the design or process of making any part of the vehicle, multiple manufacturers may be liable. Your truck accident lawyer will need to analyze corporate documents and work with expert witnesses to determine who to sue.
A Government Entity or Government Contractors
Roadway hazards, such as cracked pavement, broken or missing signs, or debris that failed to be cleaned up can contribute to a truck accident. Defective maintenance work or the set-up of a hazardous work zone can also be problematic for truckers. If a truck accident occurred because of road conditions, the entity responsible for those conditions may be on the hook. Frequently, the government contracts with third parties for maintenance of roadways. In these situations, the contractor or the government agency might be liable for damages.
Michigan has special rules about suing government entities, so it’s critical to work with an experienced attorney in these cases.
Other Motorists
If another motorist acted negligently or recklessly, he or she could be sued for causing your truck accident. Let’s consider a drunk driver, for example. If a drunk driver of an SUV swerved and caused the semi to skid out of control and hit you, the drunk driver would likely be sued. Even though the drunk driver did not directly hit you, they could still be liable for damages.
This scenario is not limited to drunk drivers. If another driver did something to cause your truck accident, they could be a party to your lawsuit
Who Pays For a Truck Accident?
It is important to determine each person and company that could be liable in a truck accident in Michigan. These were just some of the more common parties who can be sued for damages.
At Goodman Acker, we know that you are going through a difficult time. You can trust that we work hard to help determine the negligent and liable party or parties, and we pursue the legal action necessary to help you move forward after the harm you’ve sustained.
Our truck accident lawyers are ready to stand by your side and help you move forward. You deserve compensation, and our top priority is helping you get the results you deserve. We’re ready to be your trusted advocates. Goodman Acker, good decision.
Call our firm today at 248-286-8100 for a free consultation about your rights.