Why Are There Unique Trucking Laws in Michigan?
You probably wouldn’t think twice about seeing a semi-truck on the road. Afterall, there are nearly 120,000 trucks registered in Michigan alone, making them an everyday sight for most Michiganders.
But even though large trucks are so common, a truck accident is actually one of the most complex types of accidents that can take place on Michigan’s roads.
For example, a truck accident can involve at least eight different parties who may be held financially responsible to pay damages.
In addition, semi-truck accidents are often more serious due to their increased size, weight, and destructive capabilities.
As a result, all of these additional factors and possibilities can make for a truck accident an extremely confusing legal situation.
So to help provide clarity and order, Michigan has created unique trucking laws. Being able to understand and use these laws to help you after an accident is essential to get the justice and compensation you deserve.
No-Fault Laws and Michigan Truck Accidents
The state of Michigan wants accident victims like you to get the help needed to recover instead of having to worry about who pays for it.
To ensure this takes place, Michigan has adopted no-fault laws. These laws require each driver to carry certain levels of auto insurance. These levels include Personal Injury Protection (PIP), property protection, and residual liability.
Thanks to these no-fault laws, your own insurance pays for medical expenses, lost wages, and other out-of-pocket costs, even though you may have been at fault for the accident.
These no-fault benefits also cover any replacement services you need that result from your truck accident injuries, such as household chores.
Higher Settlements Depend on Liability Laws
While Michigan’s no-fault benefits cover many of your needs after your truck accident, they don’t cover everything.
In fact, you may be surprised to learn that liability may become an important matter to establish with your truck accident case, even though Michigan is a no-fault state.
This is because of how serious truck accidents can be with damages often reaching into the hundreds of thousands or even millions of dollars. As a result, these high dollar amounts often surpass the limits of many no-fault policies.
If this happens with your truck accident case, Michigan allows you to sue the responsible party. This lawsuit may be to recover damages caused by serious injury, permanent disfigurement, or death from a semi-truck accident.
However, the total amount you recover will depend on how responsible you were for the accident. Section 600.2959 of Michigan law establishes that an accident victim’s percentage of liability will affect the amount of economic damages they receive.
In other words: the more you are at fault, the less damages you can recover from your Michigan truck accident lawsuit.
How Federal Regulations for Trucks Can Influence Your Settlement
Some of the most important regulations affecting your truck accident in Michigan go beyond just state laws. Rather, they encompass requirements for truck drivers across the country.
These federal regulations are established by the Federal Motor Carrier Safety Administration (FMCSA) and consist of hundreds of requirements for truckers.
Some of the most crucial regulations affecting a truck accident case include:
Pre-trip inspection, repair, and maintenance
Among other things, these requirements ensure that a semi-truck has the necessary safety features to ensure that they can safely arrive at their destination
These records ensure that any trucker involved in an accident has to retain important evidence about their activity prior to the accident
To prevent an accident due to too much weight, a semi-truck and trailer need to meet specific requirements
Drug and alcohol testing regulations
A trucker needs to always be in control of their mental faculties to safely drive a load that may weigh more than 80,000 lbs, which is why they need to meet strict requirements regarding drugs and alcohol
This includes specific regulations and direction on how to secure loads to prevent them from coming loose and causing an accident
This limits the number of hours a truck driver can work to avoid driver fatigue that may result in an accident
Trucks need to meet specific requirements to make them visible at night or in low-visibility conditions to avoid accidents
These semi-truck requirements are so fundamental for safety, they apply beyond Michigan’s borders.
That means if you were involved in an accident with a trucker or trucking company who was found to have violated these regulations, they can be required to compensate you for the injuries and damages you suffered due to their negligence.
Why a Trucker Needs a Special License
In addition to these FMCSA requirements, a truck driver needs to have a valid commercial driver’s license (CDL) and meet specific health and safety standards.
Michigan requires a CDL for drivers of heavy vehicles and vehicles. This includes a truck that can carry many passengers or that transport hazardous materials.
According to the state of Michigan, there are three types of CDLs:
- Group A – Any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 pounds or more, provided the gross vehicle weight rating (GVWR) of any towed vehicles is 10,001 pounds or more.
- Group B – Any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more, or any such vehicle towing a vehicle with a GVWR of 10,000 pounds or less.
- Group C – Any single vehicle, or combination of vehicles, that meets neither the definition of Group A nor that of Group B, but is either designed to transport 16 or more passengers, including the driver, or is used in the transportation of materials found to be hazardous.
By requiring Michigan truck drivers to have a CDL license, they demonstrate that they are trained and qualified to drive a 40-ton truck. This is an important law that protects everyone on the road.
Thus, a trucker who doesn’t have a valid CDL can be viewed as having acted negligently. As a result, they can be held accountable by compensating you for your injuries or damages.
Michigan’s Statute of Limitations
In most cases, you have three years from the time you were involved in your Michigan truck accident to file a claim for compensation. This is established in Section 600.5805 of Michigan law.
That means missing this deadline can result in losing your right to receive the compensation for your injuries, lost wages, and non-economic damages. This provides one more reason to act promptly after your accident.
How a Michigan Truck Accident Lawyer Provides the Help You Need
You might be overwhelmed by all of these laws and regulations–which is exactly what the trucking companies are hoping for.
If they or their truck driver violated one of the important laws and regulations, they likely want you to simply settle for a lower amount and move on, since they are more liable to compensate you due to their negligence.
However, a truck accident lawyer knows how to use these and other laws to give an enormous legal advantage to truck accident victims like you.
That’s why it’s so important to get experienced legal help from Kajy Law on your side after your truck accident.
We have dedicated lawyers, paralegals, and secretaries who only handle Michigan truck accidents. As a result, we understand every law, statute, and regulations that can be used to help you take control of your truck accident case.
Here’s how our truck accident lawyers can help you with your case:
Complete understanding of Michigan and Federal trucking laws
Our dedicated truck accident lawyers have extensive knowledge of Michigan’s unique truck accident laws, along with the federal regulations that give accident victims like you a legal advantage.
We can also ensure that all legal procedures are correctly followed after your accident. This includes understanding the nuances of no-fault insurance, liability, and the legal criteria for suing for damages.
Thoroughly preparing your case
Our truck accident attorneys will conduct a thorough investigation of your case to look for any violations of the Michigan laws and federal regulations mentioned above.
In addition, we will gather critical evidence such as accident reports, witness statements, and electronic logging device (ELD) data from the truck.
Our ability to access this unique evidence that is difficult to acquire will help us build a strong case that gets you the truck accident settlement you deserve.
Effective negotiation with all parties involved
Thanks to our 13 decades of combined experience, our lawyers won’t let the trucking companies or insurance agencies minimize your settlement.
One reason we’re able to get what you deserve is because we understand the value of your case. This includes an understanding of the various aspects of your case, such as what your injuries and losses are worth, along with what other cases like yours have settled for in the past.
We also know what negotiation tactics insurers may try to use and how to prevent these tactics from affecting your settlement amount.
Skillful representation in court
If the responsible parties aren’t willing to pay you the settlement your case deserves, our truck accident attorneys are ready to go to court to fight for you.
We know what necessary legal documents need to be filed, what evidence will make an impact, and which compelling arguments will support your case the most.
Michigan Truck Accident Attorneys Who Get the Law on Your Side
When it comes to standing up against the trucking industry, you need the law on your side. Afterall, they are going to use every resource they have at their disposal to minimize what they pay you.
That’s why having dedicated truck accident attorneys, paralegals, and secretaries who only handle Michigan truck accidents will provide you with the advantage you need to get the justice and compensation you deserve.
We’ll use our 133 years of combined legal experience to examine state and federal laws and how they can be used to your advantage.
From there, we’ll work up your case, create a legal strategy, and skillfully use it with your case so that you receive every penny you deserve after your truck accident.
Practical Help from Our Michigan Truck Accident Lawyers
Kajy Law understands that you need more than just legal representation after your truck accident. Rather, you have medical needs that need to be met, bills that need to be paid, and questions that need answers.
Our truck accident lawyers are ready to help you with all this and more. We’ll make sure you get the medical care you deserve, handle your medical bills for you, and provide the answers and explanations about your truck accident that you need to gain peace of mind.
We also regularly check in to make sure you’re cared for and to keep you informed of your case’s progress.
Contact Our Michigan Truck Accident Lawyers Today
Having won over 2,500 cases, our lawyers are ready to do whatever it takes to maximize your settlement.
We know how to use state and federal laws to your advantage to make sure the trucking and insurance companies pay you what you deserve.
Get a free truck accident consultation by calling 248-702-6641 today or fill out the contact form below.
