Quick answer
If a semi-truck or tractor-trailer injured you in Michigan, you can usually claim no-fault benefits from your own insurer and also bring a claim against the truck driver, the trucking company and other responsible parties for pain and suffering and losses no-fault does not cover. Federal trucking rules, driver logs and black box data often decide these cases, so evidence should be preserved quickly.
- Deadline to sue
- Generally 3 years
- No-fault notice
- Within 1 year
- Key evidence
- ELD logs and black box data
About semi-truck accident cases
A loaded tractor-trailer can weigh up to 80,000 pounds, about 20 times more than a typical passenger car. When a crash happens, injuries are often severe and the questions about fault are more complicated than in an ordinary car accident.
Inosencio & Fisk represents people hurt in semi-truck crashes throughout Michigan from our offices in Jackson and Cheboygan. We investigate the crash, identify every responsible party and build a claim that reflects the full cost of your injuries, now and in the future.
Common causes of semi-truck crashes
- Driver fatigue and hours-of-service violations
- Distracted driving, including phones and dispatch devices
- Speeding or following too closely for the truck's stopping distance
- Brake, tire and steering failures from poor maintenance
- Overloaded or improperly secured cargo
- Unsafe lane changes and wide turns into blind spots
Who may be responsible
Truck cases often involve more than one responsible party, and each may carry its own insurance. We look at all of them.
Truck driver
Careless driving, fatigue, impairment or breaking federal safety rules.
Trucking company
Negligent hiring, training, supervision, scheduling or maintenance. Usually responsible for its driver's conduct on the job.
Broker or shipper
Choosing an unsafe carrier or loading cargo improperly.
Maintenance company
Faulty repairs or skipped inspections.
Manufacturer
Defective brakes, tires, steering or other parts.
Evidence we move to preserve
Trucking companies are only required to keep some records for months, and electronic data can be overwritten. We send preservation letters right away.
- Electronic logging device (ELD) hours-of-service records
- Engine control module (black box) speed and braking data
- Dashcam, driver-facing camera and nearby surveillance video
- Driver qualification file and drug and alcohol test results
- Inspection, maintenance and repair records
- Bills of lading, weight tickets and dispatch messages
What you may be able to recover
Michigan claims usually have two parts.
No-fault (PIP) benefits
Paid by your own or a household auto policy, regardless of fault.
- Medical and rehabilitation expenses, based on your policy's coverage level
- Lost wages for up to three years, subject to statutory limits
- Replacement services such as household help
- Attendant care and mileage to medical appointments
Claim against the at-fault parties
For losses no-fault does not cover.
- Pain and suffering, when the injury meets Michigan's threshold
- Wage loss beyond no-fault's limits
- Medical costs beyond your policy's coverage level
- Future care and lost earning capacity
- Vehicle and property damage
Michigan law at a glance
| Rule | What it means | Source |
|---|---|---|
| No-fault (PIP) claim notice | Written notice to the insurer within 1 year of the crash | MCL 500.3145 |
| Lawsuit against at-fault parties | Generally within 3 years of the crash | MCL 600.5805 |
| Pain and suffering threshold | Serious impairment of body function, permanent serious disfigurement or death | MCL 500.3135 |
| Shared fault | Recovery is reduced by your share of fault; more than 50% bars pain and suffering | MCL 500.3135(2)(b) |
| Truck driver hours | 11 hours driving after 10 off, no driving past the 14th hour on duty, 30-minute break after 8 hours driving | 49 CFR 395.3 |
| Claims against government | Written notice deadlines as short as 120 days for road defects | MCL 691.1404 |
Deadlines have exceptions and some are shorter. Talk to a lawyer before relying on any date.
What to do after a semi-truck crash
Get medical care and follow up
Some injuries, including brain injuries, show up days later. Medical records link the injury to the crash.
Report the crash
Call police and get the report number. Crashes involving commercial vehicles are often investigated in more detail.
Photograph everything
The vehicles, company names, USDOT numbers, the scene, skid marks and your injuries.
Skip the recorded statement
Do not give a recorded statement to the trucking company's insurer before you talk with a lawyer.
Start your no-fault claim
Notify your auto insurer in writing and keep every bill. The notice deadline is generally one year.
Call a lawyer early
We send preservation letters so driver logs, black box data and video are not overwritten or thrown away.
Semi-Truck Crashes: common questions
What federal rules apply to semi-truck drivers?
Interstate trucking companies and drivers must follow Federal Motor Carrier Safety Administration rules, including limits on driving hours, required rest breaks, vehicle inspections, drug and alcohol testing and driver qualification standards. A violation can be strong evidence of negligence.
What is an electronic logging device?
Most commercial truck drivers must record their hours of service on an electronic logging device. Those records can show whether a driver was over hours or skipping rest, which is why we ask the trucking company to preserve them right away.
Can a freight broker be responsible for a truck crash?
In some cases, yes. If a broker carelessly selected an unsafe carrier, it may share responsibility. Each case depends on the facts and the broker's role.
What if the truck had a mechanical failure?
Brake, tire and steering failures often point to poor maintenance or a defective part. Inspection and repair records can show who was responsible for keeping the truck safe.
Should I give a statement to the trucking company's insurer?
It is best to speak with an attorney first. Insurers often contact injured people quickly and may use a recorded statement to reduce the value of the claim.
