Filing a truck accident lawsuit in the state of Michigan can be challenging. Here are a few things you need to know before taking any legal action.
Michigan Statute of Limitations
A statute of limitations is a time period that a party has to bring a lawsuit against another individual, company or government entity. This deadline is in place to ensure that any evidence brought forward—such as witness testimony—does not erode over time and to prevent the threat of a lawsuit hanging over someone’s head indefinitely. In Michigan, the statute of limitations for truck accident lawsuits is three years.
Michigan Laws for Truck Drivers
There are specific laws that apply to trucks in Michigan that you should be aware of.
- No more cellphones. As of June 30, 2023, truck drivers in Michigan are no longer permitted to operate a cellphone while driving, unless it is used hands-free.
- Proper licensing requirements. Michigan truck drivers are required to have a commercial driver’s license (CDL) in order to operate a commercial vehicle. Depending on the weight on the vehicle, the CDL the driver is issued will belong to one of three groups:
- Group A: Able to operate a combination of vehicles with a gross combination vehicle weight rating (GVWR) of over 26,000 pounds
- Group B: Able to operate a single vehicle with a gross vehicle weight rating (GVWR) of over 26,000 pounds.
- Group C: Able to operate small vehicles designed to carry 16 or more people, including the driver.
- Load height restrictions. Any trucks carrying a load of over 13 feet and 6 inches require a special permit.
Identifying Fault for a Truck Crash
Michigan, like other states, runs on a no-fault basis for car and truck accidents. This means that regardless of who was at fault in an accident, your insurance company will pay for certain damages, such as medical expenses, loss of wages and damage to other people’s property.
However, this does not mean a trucker who harms you in an accident cannot be sued for damages. Michigan law allows injured victims to take legal action for non-economic damages (physical or emotional harm), excess economic loss and vehicle damages they incurred.
When it comes to truck accidents and other personal injury matters, Michigan uses a modified comparative negligence framework to determine what the plaintiff can receive in damages—if any. This means that even if the injured party was somewhat at fault for the accident, so long as their percentage of fault is 50% or less, they can receive compensation.
But the amount of compensation they are awarded will be reduced by the percentage of their own fault. If you got into a truck accident and sued the driver for $100,000 in damages but were found 20% at fault, the most you receive is $80,000—taking into account your role in the accident.
How Can an Attorney Help You?
Truck accidents can be physically and emotionally debilitating, not including all of the paperwork that comes afterward. Here are some ways a truck accident attorney can help you with a truck accident lawsuit.
- Take on the paperwork. When it comes to any personal injury lawsuit, there are specific filings that need to be completed, which may have hard deadlines. A competent attorney will be able to handle all of the paperwork involved in your case.
- Argue on your behalf. Arguably the best personal injury lawyers are those that have strong courtroom experience and thus know how to craft a strong argument to represent your case before a judge. They’ll collect all the evidence required to create an airtight argument and consult with other professionals if necessary.
- Provide even-handed advice. There is nothing harder than trying to think clearly after a traumatic experience. Having an attorney on your side means that you have a constant source of advice at all steps during your lawsuit, and that you can see the big picture at hand—instead of just the accident.