Truck accident victims are lucky to escape the wreckage alive, and when they do, they are often left with serious injuries requiring extensive medical care, and that comes at great expense. If they were in their own vehicle when the accident occurred, it will probably need significant repair or end up totaled, requiring victims to buy a new vehicle. Clearly, managing these costs is a challenge–if not an impossibility. And as for a healthy financial future, the prognosis is grim.
Michigan drivers must have insurance, and in the event of a truck accident, their policies will provide some coverage. However, the devastating consequences of a truck accident often far surpass policy limits. White Law PLLC is here to help victims facing these dire circumstances.
A skilled Okemos truck accident lawyer from our team may be able to secure necessary and deserved compensation by filing a personal lawsuit against the at-fault party.
Insurance Requirements in Michigan
Michigan is a no-fault state. This status means drivers involved in motor vehicle accidents get coverage for their losses through their own insurance policies. Michigan’s auto insurance requirements underwent recent changes, and now drivers can choose different levels of coverage, though all must have:
- PIP, or Personal Injury Protection, to cover medical bills
- Liability coverage which covers victims if you are at fault. Liability covers bodily injury and property damage
- Property protection insurance if you damage someone else’ parked car or property
File for compensation with your insurance company is a first-party claim. This insurance provides medical bills, lost income, and replacement services. But there are limits to that coverage.
No-Fault Insurance
No-fault insurance does not cover pain, suffering, or damage to your car. As the victim of a truck accident, you are likely to experience extensive medical costs that exceed your policy. Fortunately, Michigan law still provides a way for you to pursue compensation for your non-economic and excessive economic losses.
Your Fight Is Our Fight
Eligibility Requirements for Filing a Third-Party, Personal Lawsuit
First-party claims fall under your insurance “contract” or policy. Third-party lawsuits fall under Michigan’s tort laws. You need to meet certain requirements to be eligible for filing a third-party lawsuit against the at-fault party.
Medical Eligibility and Michigan’s “Threshold Injury” Rule
Michigan’s Threshold Injury Rule allows truck accident or other injury victims to sue the at-fault party provided under a certain condition. Victims must prove their injuries are serious enough–they meet the threshold–to warrant filing a legal claim. According to Michigan law, a threshold injury is one that causes “death” or “serious impairment of bodily function” or “permanent serious disfigurement.”
Serious Impairment of Bodily Function
The “permanent serious disfigurement” criteria are typically obvious, making it easier to prove. However, exactly what constitutes “serious impairment of bodily function” is more open to interpretation, and the definition has experienced some evolution over time and in response to medical advances. According to the law:
- A party other than the victim could observe or perceive the injury from actual “symptoms or conditions.”
- An important body function–one of “great value, significance, or consequence to the injured person” is impaired by the injury.
- The injured party’s “general ability to lead his or her normal life” is compromised by the injury, and as compared to their pre-injury “normal manner of living.”
Examples of Serious Impairment Injuries
Though situations are considered case-by-case, examples of injuries typically meeting Michigan’s threshold include:
- Damage to the spinal cord
- Limb amputations
- Traumatic brain injuries
- Serious burns
- Crushed bones and compound bone fractures
- Damage to internal organs
Proving Your Injury Meets the Threshold
You will need to undergo a medical evaluation before filing your injury claim. The evaluation will help determine if you qualify to pursue a personal lawsuit according to the threshold rule. To prove your injury meets Michigan’s standards, you will need to be examined by a doctor, experience diagnostic testing, and produce doctor’s notes and your medical records.
Accident Responsibility and Comparative Fault
Victims can file a lawsuit against the at-fault party to collect compensation for their pain and suffering and property damage as long as they are less than 50% responsible for causing the accident, according to Michigan’s modified comparative fault system. Victims holding more than 50% of the blame cannot seek damages. If the victim is eligible to sue but still bears a percentage of fault, compensation is reduced by that same percentage.
How a Truck Accident Attorney in Michigan Can Help
Once White Law PLLC takes your case, we will enact a comprehensive investigation into your truck accident to determine the actual culprit. The at-fault party may be the truck driver, the trucking company, the truck or part manufacturer, the installer, the repair person, another driver, the government office responsible for maintaining safe roads, or someone else–there are many possibilities. As we work to identify the at-fault party, we will also gather evidence to prove their negligence and help you file a claim against the trucking company.
Our team will handle all legalities of your case and file all necessary documentation. By partnering with us promptly, we have time to look into your case and file your claim within Michigan’s three-year statute of limitations. Your attorney will consult with your medical team to collect the necessary proof that your injury qualifies under the threshold law.
It is important to have an experienced Michigan truck accident lawyer assess your losses and make a fair settlement demand substantial enough to cover your losses and meet your future needs. Your attorney will handle all negotiations with the at-fault party, working to get you the highest settlement possible. If the at-fault party does not cooperate, you can count on White Law PLLC to fight fiercely on your behalf in court.
We know how to get our clients the results they need in the toughest legal arenas.
Aggressive Representation with a Personal Touch
White Law PLLC wins cases, but more importantly, we win justice for our clients. When you partner with us, you are more than a “case.” We offer our clients effective, strategic, and aggressive representation while treating them with compassion and recognizing the unique circumstances of each individual case.
The serious damage caused by your truck accident demands serious compensation, and we are ready to fight for the justice you deserve. Schedule a free consultation for your truck accident today. A truck accident lawyer in Michigan can discuss the details of your case and help you take steps to protect your rights.
We’re Experienced. We Care.
We Exceed Client Expectations.