Our Michigan truck accident lawyers know that if you were injured in an accident, you probably have many questions about your legal rights.
Between dealing with injuries, covering medical expenses, and negotiating with insurance companies, you may feel overwhelmed and frustrated.
While we try our best to answer any questions that are unique to your truck crash case, you may benefit from a few of the frequently asked questions we have received in the past. Common questions about truck crash cases include:
- Is there a time limit on a truck accident case?
- How do you determine who is liable after an accident?
- What types of injuries can I sue for after a truck crash?
- What qualities should I look for in an attorney?
- When can I file a truck accident case separate from state investigations?
- When can I sue a truck driver and the trucking company?
Getting Your Questions Answered After a Truck Accident
If you have additional questions or concerns pertaining to your truck accident case, our experienced attorneys could help you.
Our dedicated lawyers at Buckfire & Buckfire, P.C. have handled truck crash cases throughout Michigan and can be a valuable resource through each step of the legal process.
We’ll take the time to fully answer your questions and help you understand your legal options. There is no fee for our initial consultations and absolutely no obligation whatsoever for this advice. You can also complete our online contact form and a lawyer will get back to you right away.
Do I need a truck accident lawyer?
You do need a lawyer who specializes in truck accident cases. There are many legal hurdles involved in trucking injury cases and the injuries are often catastrophic. Unlike a basic car crash, an experienced truck accident lawyer is the difference between winning a multi-million dollar settlement and a minimal compensation payout.
When should I hire a truck accident lawyer?
It is smart to hire a truck accident lawyer as soon as possible after the crash. These cases require significant investigation immediately. Valuable evidence may disappear or be lost forever and this can hurt your chances of winning a settlement.
For example, it is necessary to download the vehicle black box to get important data about the crash. It is also urgent to have an accident reconstructionist and engineer examine the damage to all vehicles and the debris on the roadway. Many times, we hire a metallurgist and other experts to inspect different parts of the truck to determine if it was properly maintained.
Our truck accident attorneys begin working on these cases as soon as you call us. We need to be present at every inspection that the trucking company lawyers will perform. Otherwise, key evidence may be hidden, destroyed, or missing when it comes time to prove your case.
WHAT IS THE STATUTE OF LIMITATIONS IN MICHIGAN FOR A TRUCK ACCIDENT LAWSUIT?
In Michigan, a person injured in a truck accident must generally file a lawsuit within 3 years under the statute of limitations. If you fail to meet that deadline, your case will be destroyed forever and you cannot sue for your injuries. The period is longer for children hurt in a truck crash but is still essential to call an experienced lawyer immediately.
Can I Sue the Truck Driver’s Company for the accident?
In most cases, you can sue the trucking company in addition to the truck driver for your injuries. Many drivers are employed by the transportation company that owns the truck. Other times, they are driving a vehicle for the company that employs them.
Our attorneys investigate all potential defendants to sue for a truck accident. They can include the driver, the truck company, and the owner of the trailer. We even have sued businesses responsible for maintaining and inspecting the truck on a contract basis.
It is essential to identify all possible responsible parties. Each company will have its own separate insurance policy to contribute towards a large settlement. This is the best way to win the highest possible compensation payout amount.
How is Fault for a Truck Accident Determined?
There are many ways that fault is determined for a truck accident. Much of the evidence comes from a physical examination of the accident scene itself. This includes the location of the vehicles and even skid marks in the roadway left by the vehicles.
Other evidence to determine fault is based upon a detailed inspection of the vehicles. Evidence is based on the type of damage to each vehicle, the location of the damage, and even paint marks and scratches on the motor vehicles. The data box recorder also contains valuable evidence about the speed of the vehicles and even the braking distance of them.
Finally, eyewitness reports and statements are very useful. This is especially true when the truck driver pleads innocence and blames another driver for the crash. Eyewitnesses often produce the key evidence to determine who is at fault in a truck accident.
Who can file a wrongful death lawsuit for a fatal truck accident?
The surviving family members of a person killed in a truck accident can file a wrongful death lawsuit. The family will typically appoint a personal representative to bring the case on behalf of the entire family. If the family cannot agree on that person, a probate judge will appoint someone to fill that role.
The personal representative acts on behalf of the family and works closely with the truck accident lawyer. However, the decision to settle the case will ultimately be approved by the judge. A judge will also determine if the proposed settlement shares to the family is fair if the family does not all agree on the settlement share amounts.
Do truck companies have large liability insurance policies?
Federal law requires commercial trucks traveling in interstate commerce to have at least $750,000 of insurance for bodily injury damage. Many trucking companies have even much large policies and even umbrella policy coverage. Trucks that carry hazardous materials are required to have a minimum of $5,000,000.00.
How much money can I get for a truck accident case?
There are no caps or limits on the amount of compensation you can get for a truck accident case. Your settlement amount is determined by many things.
Settlement payout factors include the degree of liability by the truck driver and any fault attributed to you for the accident. Other factors include the seriousness of your injuries, the type of medical treatment, and whether you are disabled due to your injuries.
In addition, settlements include compensation for financial losses you suffered and will continue to suffer in the future. This includes lost income and future earnings.
Our attorneys will work hard to fully prove your damages and get you as much money as possible for your settlement. You only have one opportunity to get a great settlement so you need a lawyer with the skill and experience in truck accident cases.