You cannot stop a truck driver from slamming their vehicle into yours. Fortunately, you can seek legal help from a Ypsilanti personal injury lawyer after your accident. From here, a Ypsilanti truck accident lawyer may be able to help you file a claim for damages.
Featured in national and local news, White Law PLLC has an outstanding reputation in personal injury cases. Our attorney can take a look at your case and discuss your legal options with you. To get started, reach out to us.
Truck Laws
There are rules for truckers and their employers in Michigan. For example, truck drivers must know the height of their vehicle’s load. If they do not, they risk vehicle and bridge collisions that can cause serious damage.
The Federal Motor Vehicle Carrier Administration (FMCSA) also has national regulations for truck drivers and their employers. For instance, there is an hours of service (HOS) mandate. Based on this, a trucker must take regular breaks to protect against fatigue and exhaustion.
If a truck driver or their employer breaks a law, they may be held accountable. At White Law PLLC, our truck accident lawyer in Ypsilanti can help you pursue damages from a trucker, truck business, or any other parties responsible for your crash. To learn more, get in touch with us.
Your Fight Is Our Fight
Truck Accident Liability
In many instances, a truck driver or company may be liable for an accident. There are times when other parties are at fault. Examples of defendants named in truck collision cases include:
- Cargo loader
- Truck owner
- Truck parts manufacturer
There are also situations where a truck driver operates as an independent contractor and may be held responsible for a crash. For example, a driver may work for Amazon as a contractor. If this trucker causes an accident, you may not be able to sue Amazon for a truck accident but may seek compensation from the driver.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
Truck Accident Insurance Claim
Drivers in Michigan must have no-fault insurance. Following a truck crash, you may submit a claim through your auto insurance company, even if you are not responsible for the collision. In the best-case scenario, you have enough coverage for your entire claim.
If you do not have sufficient auto insurance coverage, you do not necessarily have to pay any of your accident costs out of your own pocket. At this point, you may want to work with a Ypsilanti truck accident attorney. This gives you the opportunity to discuss your case with a lawyer and determine if now is the right time to seek damages through an injury lawsuit.
A truck accident lawyer in Ypsilanti can help you build an argument to show an at-fault party was negligent. To do so, they may gather evidence to show this party had a duty of care to avoid reckless and careless acts and decided to ignore this obligation. They may also explore ways to make it clear to a judge or jury that your accident was the result of a liable party’s actions and that you are dealing with economic or non-economic damages.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Damages You Can Recover in a Truck Accident Case
In terms of personal injury damages you can receive in Michigan, you may be eligible for economic and non-economic compensation. A truck accident attorney in Ypsilanti may encourage you to ask for both types of damages. Reasons why a judge or jury may offer damages in a truck crash case include:
- Car repairs or replacement
- Lost wages
- Medical expenses
- Pain and suffering
You are responsible for the burden of proof in your injury case. If you cannot prove to a judge or jury that someone else is responsible for your truck collision, they may rule in the defendant’s favor. In this situation, you may get only a fraction of the damages you originally sought or no compensation at all.
You will always work directly with your attorney throughout your case.
Comparative Negligence in a Truck Crash Case
According to the Michigan Legislature, comparative fault applies to personal injury cases. With comparative fault, a plaintiff may be found partly or primarily at fault for their injury. A judge or jury may account for the plaintiff’s percentage of liability when they decide if damages will be awarded.
Based on comparative fault, you may still get damages after a truck crash, for which you are less than 50% liable. Consider what may happen if a judge or jury says you are 20% at fault for your collision. If this happens, you may get 80% of the damages you initially requested.
Now, think about what may occur if a judge or jury finds you are more at fault for your truck crash than the defendant. In this scenario, you are primarily liable. Therefore, a judge or jury may not order the defendant to pay you damages, and you may be 100% responsible for your accident-related losses.
When to File a Truck Crash Claim
Per Michigan Compiled Laws (MCL) §600.5805, you may have up to three years from the date of your truck accident to pursue damages from a liable party. The time frame for submitting a claim may not be extended. After three years, you may not be able to recover damages from an at-fault party.
If you are thinking about filing a claim, it may be best to consult with a truck accident attorney in Ypsilanti, MI. This allows you to speak with a lawyer about your case. If you decide to move forward with your case, your lawyer can help you file your claim before you run out of time to do so.
You may be worried about a lengthy legal process, but you may be able to settle your case without a trial. If the defendant in your case proposes a settlement, you can approve, reject, or counter the offer. In a situation where a settlement proposal seems fair, you may be able to accept the offer, receive an adequate amount of compensation, and close your case.
Request Legal Help from a Ypsilanti Truck Accident Lawyer
If you are ready to pursue damages from anyone responsible for your truck crash, the team at White Law PLLC may be able to help you out. Our Ypsilanti truck accident attorney can evaluate your case. To schedule a free case consultation, contact us today.
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