Truck Accident Lawyer in Menominee, MI

A truck accident can change your life in an instant. If a truck driver, trucking company, or another negligent party caused your injuries in a collision involving a commercial truck in Menominee, MI, contact Schwaba Law Firm at (906) 424-4661 immediately. With Andrew Schwaba on your side, you could recover compensation for your medical care and other crash-related costs.

Large trucks like tractor-trailers can cause severe injuries in collisions with small cars. Determining fault and seeking legal action against the liable party can be challenging. You should not try to handle your case alone. Instead, turn to an experienced Menominee truck accident lawyer from Schwaba Law Firm who understands Michigan’s trucking laws and will fight for the compensation you deserve.

Reach out today for a free, no-obligation consultation to learn more about how Andrew can help.

What Is Considered a Truck in Michigan?

In Michigan, determining whether a vehicle is a commercial truck depends on the weight rating or gross combination weight of the hauled trailer or tractor. A combination vehicle like a semi-truck or 18-wheeler carries passengers or property in intrastate, interstate, or foreign commerce. It is automatically considered a commercial truck in Michigan if it has a gross combination weight rating (GCWR) or gross combination weight of 26,001 pounds or higher. Towed units with a gross vehicle weight of at least 10,001 pounds are also commercial vehicles. RVs don’t count.

Why Choose Our Menominee Truck Accident Lawyers?

Our skilled legal team has a proven track record of successfully handling truck accident claims in Menominee and across Michigan. We understand the devastating impact these accidents can have on victims and their families, and we are committed to providing aggressive representation.

Why Truck Accidents Are More Complicated Than Other Motor Vehicle Crashes

Accidents involving cars and trucks seem similar on the surface. Both cause damage to vehicles and other property and lead to injuries and fatalities. However, truck accidents are complex and involve unique elements you won’t find in crashes between passenger vehicles. They differ significantly from accidents involving small cars for many reasons, including:

• Catastrophic Injuries: The injuries are often more severe in truck accidents than in other vehicle crashes because of the weight of the truck and the force it generates. Victims can sustain debilitating or permanent damage to internal organs, nerves, and bones.
• Higher Stakes: Federal regulations and state laws require trucking companies to insure their vehicles with high liability limits. Although there’s plenty of coverage for accident victims, insurers don’t want to pay. It makes settling for a fair amount challenging, especially if the value of the truck accident claim is in the millions.
• Proving Liability Against More Than One Party: Because truck crashes might involve numerous vehicles and at-fault parties, determining liability is difficult. Even if you know who is at fault, proving they should be financially responsible for your injuries is a tedious process. Trucking companies often hire intimidating defense teams to avoid accepting responsibility. Hiring someone with experience investigating these crashes is necessary to uncover the facts and hold the appropriate people or companies financially responsible.
• Multiple Vehicles: Trucks are long, wide, and heavy. Collisions can include several other vehicles. Investigating claims takes time. Your lawyer must review the evidence to determine whether more than one person is at fault and calculate the available coverage for all injured parties.
• Different Allegations: There isn’t always one single cause of a truck accident. Sometimes, the trucker is at fault for speeding. Still, the motor carrier is partly responsible for knowingly hiring an unlicensed driver or for pressing the driver to meet an unreasonable deadline. That means filing more than one claim against more than one party is necessary.
• Complex and Unique Regulations: Semi-truck drivers and motor carriers are subject to various laws designed by state and federal governments. These rules aim to prevent accidents by requiring everyone in the trucking industry to meet high standards. A Michigan truck accident attorney will know all the regulations governing commercial truck drivers, trucking companies, cargo companies, and other trucking industry elements. Your lawyer will be able to determine whether any of these regulations were broken and by which parties, which can add a different dimension to your truck accident claim.

What Are the State and Federal Trucking Laws?

The Federal Motor Carrier Safety Administration (FMCSA) enforces standards everyone in the trucking industry must follow.

Michigan adopted the federal standards, and they include the following:

• Hours of Service (HOS) Rules: The HOS regulations prohibit truckers from operating a commercial vehicle beyond a maximum number of hours. Truck drivers can only drive up to 11 hours after 10 consecutive hours off duty. They must take a 30-minute break after driving for eight hours without at least a 30-minute break.
• Logbooks and Electronic Logging Devices (ELDs): Truck drivers must maintain records regarding information about their trips. That includes keeping track of how many hours and miles they drive, when they take breaks, and any time they change their driving status.
• Drug and Alcohol Testing: Motor carriers must perform random drug and alcohol testing on their truckers. Anyone who fails the test gets suspended from their duties. Truck drivers are not allowed to consume alcohol while on duty or within four hours of going on duty or driving a commercial motor vehicle. Truckers also can’t possess or be under the influence of an illegal drug or substance, such as amphetamine, Schedule I substance, or derivative of a narcotic.
• Insurance: Every truck must have liability coverage based on the type of cargo and truck. Heavier vehicles require higher insurance limits. For example, trucks transporting hazardous cargo must have $5 million in coverage.
• Weight and Size Limits: Michigan limits the size and weight of cargo. Cargo can’t exceed a gross weight of 80,000 pounds. A single axle on an interstate highway can’t carry more than 20,000 pounds, and a tandem axle on an interstate can’t carry more than 34,000. Loading items on the truck beyond these limits increases the risk of an accident, as overloading a trailer puts extra pressure on the tires and can lead to a blowout and cause a crash.
• Cargo Securement: Some trucks hold hundreds of boxes, heavy appliances, or dangerous chemicals. Using appropriate securement systems is required to keep everything firmly in place and prevent contents from blowing off, leaking, sifting, shifting, dropping, or leaving the vehicle, as the federal securement rules also provide.

Common Types of Commercial Truck Accidents

Different types of 18-wheeler, semi-truck, or big rig accidents can happen depending on the circumstances, such as:

• Jackknife Accident: In a jackknife accident, the cab and trailer of a commercial truck slide toward each other at an angle. It can occur if the truck driver brakes suddenly, takes a sharp turn too fast, hits an icy patch, or swerves to avoid a hazard.
• Rear-End Collisions: A rear-end collision commonly results from tailgating. Commercial trucks need more time and distance than smaller vehicles to come to a complete stop, and the required stopping distance increases the faster a truck travels. A trucker following someone’s car too closely won’t have enough time to brake, so the truck collides with the back of the car.
• Head-On Collisions: Many truckers face busy schedules and strict deadlines. That might cause some to violate federal regulations such as the hours of service, leaving them tired and unable to focus on the road ahead. Falling asleep at the wheel and drifting into oncoming traffic, or turning the wrong way down a one-way street, can lead to a head-on crash.
• Rollover Accidents: Large trucks are more susceptible to rolling over than other vehicles due to their high center of gravity. The truck can tip onto its side or roll if the driver hits a curb, sideswipes another vehicle, takes a ramp too fast, or turns too fast. If a truck tips or rolls with other vehicles around, it can crush a small car and the occupants inside.
• Override and Underride Accidents: An override truck accident happens when the front of a truck collides with the rear of another vehicle and ends up on top of it. An underride accident occurs when a car crashes into the back of a truck and ends up underneath.

Common Causes of Truck Accidents in Menominee, MI

Truck accidents are often caused by factors such as:

• Driver fatigue: Many truckers drive long hours, leading to exhaustion and slower reaction times.
• Distracted driving: Texting, using GPS, or other distractions can lead to accidents.
• Overloaded or improperly loaded cargo: This can cause trucks to lose control or tip over.
• Mechanical failures and poor truck maintenance: Brake failures, tire blowouts, and other mechanical issues can lead to serious crashes.
• Negligent hiring practices: Trucking companies that fail to properly train or screen drivers put others at risk.

Other common causes of a big rig accident include:

Where Do Truck Accidents Commonly Occur in Menominee, MI?

Commercial trucks travel long distances and work on tight deadlines, so they must take the most efficient and direct route to their destination. That often means traveling along interstates, highways, and through rural locations. Data from the National Safety Council suggests that more large truck accidents occur on rural roads, and nearly 74 percent of fatal truck accidents happen on non-interstate stretches of roadway.

What Injuries Can Someone Sustain in a Truck Accident?

Anyone can get hurt in a semi-truck accident. A truck accident injury can vary depending on the factors involved in the collision, and it can be debilitating and require long-term treatment to manage pain and other symptoms. The most common injuries include the following:

Not all injuries are physical. Accident victims can experience post-traumatic stress disorder (PTSD), anxiety, and depression after the crash. In addition, if a Michigan trucking accident ends up being fatal, the family of the victim could file a wrongful death lawsuit.

What to Do After a Truck Accident in Menominee

If you have been involved in a truck accident, take the following steps to protect your legal rights:

1. Seek medical attention immediately: Your health and safety come first.
2. Report the accident: Contact law enforcement and get an official police report.
3. Gather evidence: Take photos, get witness statements, and collect driver information.
4. Avoid speaking with insurance adjusters: They may try to minimize your claim.
5. Contact a truck accident lawyer: The sooner you have legal representation, the better your chances of securing fair compensation.

Who Could Be Liable for a Truck Accident?

More than one party is responsible for truck safety. Your lawyer might determine that multiple people are at fault for the collision. You can pursue truck accident compensation from anyone whose actions contributed to your injuries, so you should not be financially responsible for medical care, lost wages, or other expenses. Common defendants in a truck accident case include the following:

What Compensation Can I Expect to Recover in a Menominee, MI, Truck Accident Claim?

Michigan drivers must turn to their personal injury protection (PIP) insurance before going after the at-fault driver. You must file your PIP claim within one year of the accident. The only exception is if you provide your insurer with written notice of your injuries within one year of the crash or if the insurance company has already made at least one PIP payment for your injuries.

PIP benefits include:

• Necessary medical expenses up to the policy limit
• Up to 85 percent of lost wages for no more than three years
• Up to $20 in daily replacement services, such as hiring someone to do your laundry and other household work

Your case must meet at least one of the following thresholds in order for you to file a third-party claim or lawsuit against the negligent truck driver or another party:

• The value of your vehicle damage is at least $1,000, your insurance carrier doesn’t pay for the damage, and the at-fault driver is at least 50 percent at fault.
• The accident happened in another state.
• You sustained serious impairment of a bodily function or permanent and serious disfigurement.
• The at-fault motorist isn’t a resident of Michigan and doesn’t have car insurance in the state.

The truck accident compensation you recover from the liable party might include:

What If I Am Partly at Fault in a Menominee, MI, Trucking Accident?

In Michigan, modified comparative negligence dictates the amount of compensation an accident victim can receive for their truck accident injury. If you are partially to blame, the judge or jury can reduce your compensation by your percentage of fault.

If your percentage exceeds the other party’s, the jury will decrease your financial award by the percentage they assign you to compensate for your economic losses, which are things with a specific price, like medical bills and lost wages. However, you won’t be able to recover compensation for your non-economic losses, which are the intangible losses associated with a crash, like pain and suffering.

Benefits of Hiring a Menominee, MI, Lawyer for Your Truck Accident Claim

After you’ve been injured in a truck accident, you should not hesitate to hire a truck accident lawyer in Menominee, MI. The attorney you hire can handle every part of the process, such as:

While your Michigan personal injury attorney builds your truck accident case, you can focus on treating your injuries. You don’t have to worry about the complexities of your case. They will handle everything.

Frequently Asked Questions

Michigan truck accident cases involve complicated legal issues. Here are the answers to some questions our truck accident attorneys often receive about these cases:

When should I hire a truck accident attorney in Michigan?

It’s best to contact a truck accident lawyer as soon as possible after an accident. Critical evidence can disappear quickly, and building a solid legal case takes time. Speaking to an attorney immediately gives you the best chance of recovering maximum compensation for your injuries, medical expenses, lost income, and more.

How is trucking liability insurance different from regular auto insurance?

Trucking liability insurance policies typically involve much higher coverage limits than those that cover passenger vehicles. Commercial trucks are heavier and more dangerous than passenger vehicles, so state and federal laws require trucking companies to carry policies with higher limits to cover the potential for serious injuries or fatalities. These policies often include multiple layers of liability coverage for a commercial motor vehicle. Additionally, multiple parties could be at fault for the accident, including the truck driver, the trucking company, or a third-party maintenance provider. These factors make truck accident claims more complicated than typical car accident cases.

What are DOT Hours of Service, and why do they matter in a truck accident case?

Hours of Service rules limit how much time truck drivers can spend behind the wheel in a given day or work week. State and federal regulators implemented these rules because driver fatigue is a common factor in truck accidents. Driving a truck requires intense energy and concentration, and research shows that going more than 20 hours without sleep affects drivers’ ability to safely handle a car about as much as driving with a blood alcohol content (BAC) of 0.08 percent, the legal limit in Michigan.

Commercial drivers are required to maintain meticulous logs of their driving hours, and many trucking companies utilize electronic logging devices to track their drivers’ service hours. Unfortunately, truck drivers sometimes falsify their logs to avoid scrutiny, and trucking companies may destroy electronic logs to avoid liability in the event of a crash. A Michigan truck accident attorney can act quickly after a collision to gather these logs and electronic data to help prove why the truck driver or trucking company is liable for your injuries.

How long do I have to file a truck accident claim in Michigan?

In most cases, you must file a truck accident lawsuit within three years of the collision. There are some noteworthy exceptions to this rule. For example, children under 18 who suffer injuries in accidents have one year from their 18th birthday to file a lawsuit to recover damages, no matter their age when the crash happened. Likewise, someone who lacks the mental capacity to understand their rights and file a lawsuit has one year from when their disability ends to file a lawsuit against the at-fault party or parties.

Missing the deadline to file a truck lawsuit means you will most likely lose your chance to recover compensation for your medical bills, lost income, property damage, and other losses. Schedule a free consultation with a Michigan truck accident lawyer right away to preserve your right to pursue compensation.

Get in Touch with a Truck Accident Lawyer in Menominee, MI, Today

A truck accident can lead to life-altering injuries and disrupt your everyday routine. You don’t have to face this difficult time alone. Andrew Schwaba strives to give his clients the level of legal representation and guidance they deserve, and our experienced personal injury lawyers in Menominee, MI, are ready to fight for your rights and help you obtain the maximum compensation. We offer free consultations, and you pay nothing unless we win your case.

If someone else’s negligent conduct caused your injuries in a truck accident, contact Schwaba Law Firm at (906) 424-4661 or fill out our online contact form to schedule a free consultation with a trusted Menominee truck accident attorney.