Quick answer
When a truck or vehicle crash takes someone's life in Michigan, the personal representative of the estate can bring a wrongful death claim under the Michigan Wrongful Death Act (MCL 600.2922) on behalf of the family. Damages can include medical and funeral costs, lost financial support and loss of companionship, and no-fault survivors' loss benefits may also be available.
- Who files
- The estate's personal representative
- Governing law
- MCL 600.2922
- Also available
- No-fault survivors' benefits
About wrongful death cases
Families who lose someone in a crash are often left with grief, unexpected bills and lost income all at once. The legal process should not add to that burden.
Inosencio & Fisk guides families through each step: opening the estate, preserving evidence from the truck and trucking company, and pursuing full accountability.
Common causes of fatal truck crashes
- Driver fatigue and hours-of-service violations
- Underride crashes
- Speeding and following too closely
- Impaired or distracted driving
- Brake and tire failures
- Unsafe lane changes and jackknifes
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.
- Police crash report and reconstruction
- ELD and black box data
- Autopsy and medical records
- Truck inspection and maintenance records
- Witness statements
- Financial records showing lost support
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.
- Survivors' loss benefits for dependents
- Funeral and burial benefits under the policy
- Medical expenses incurred before death
Claim against the at-fault parties
For losses no-fault does not cover.
- Medical, funeral and burial expenses
- Conscious pain and suffering before death
- Loss of financial support
- Loss of the society and companionship of the person who died
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 |
| Who brings a wrongful death claim | The personal representative of the estate, for the family | MCL 600.2922 |
Deadlines have exceptions and some are shorter. Talk to a lawyer before relying on any date.
What families should do now
Take care of your family first
There is time to make good decisions. Lean on the people around you.
Do not talk to the trucking company's insurer
Refer calls to your lawyer. Early offers rarely reflect the full loss.
Keep bills and records
Save medical and funeral bills, pay stubs and every insurance letter.
Open the estate
A personal representative must be appointed in probate court to bring the claim. We help with this step.
Notify the auto insurer
No-fault survivors' loss and funeral benefits have notice deadlines.
Call us early
We send preservation letters so the truck's data and the company's records are not lost.
Wrongful Death: common questions
Who can file a wrongful death claim in Michigan?
A wrongful death claim in Michigan is filed by the personal representative of the person's estate, on behalf of the family members entitled to recover under the Wrongful Death Act.
What damages are available in a wrongful death case?
Damages can include medical and funeral expenses, the conscious pain and suffering of the person before death, loss of financial support, and loss of the society and companionship of the person who died.
Who receives the money from a wrongful death settlement?
The probate court approves how wrongful death proceeds are distributed among the family members entitled to them under Michigan law.
Does no-fault apply when someone is killed in a truck crash?
Yes. Survivors' loss benefits may be available through no-fault insurance, in addition to a wrongful death claim against the at-fault driver and trucking company.
How soon should a family contact a lawyer?
As soon as the family is ready. An estate may need to be opened in probate court, and evidence from the truck and the trucking company should be preserved quickly.
