Frequently Asked Questions About Michigan Truck Accidents
Being involved in a truck accident can be life-changing. Should you find yourself in a Michigan truck accident or collision involving a semi-truck or other commercial vehicle, the following are some commonly asked questions our Michigan trucking accident attorneys regularly answer regarding trucking crashes.
For our purposes, what is a “truck”?
For the purposes of this subject, we are referring to commercial trucks, semi-trucks, tractor-trailers, 18-wheelers, delivery vehicles, freight vehicles, dump trucks, etc. weighing over 10,000 pounds. Some of these trucks may weigh over 80,000 pounds.
How does Michigan auto no-fault law apply in a truck accident case?
In Michigan, we operate under an auto no-fault insurance system, which means that drivers involved in an accident, whether they are “at-fault” or not, may collect insurance benefits, no-fault PIP benefits, from their respective insurance providers. However, other insurance considerations must also be made when dealing with truck accident cases. These considerations do not typically arise when dealing with typical auto accident cases. For example, federal regulations dictate that these trucking companies must carry insurance worth at least $750,000.
How is a truck accident case similar to a typical car accident case?
As previously mentioned, no-fault would apply in a truck accident case. That being said, individuals involved in a car accident in Michigan, who have the proper auto insurance coverage, may pursue two claims: a first-party claim and a third-party claim.
First-party claim: Individuals involved in a car or trucking accident in Michigan, who have the proper insurance, may file a first-party claim against their own insurance company in order to recoup expenses such as medical expenses, in-home attendant care, replacement services, and special transportation and medical mileage. These are commonly known as no-fault PIP benefits.
Third-party claim: Those who have been injured in a car or trucking accident in Michigan may file a third-party claim against the other party or parties involved in the accident, alleging that those parties were negligent. With the third party claim, the individual suing may recover damages for pain and suffering. In filing a third-party claim, however, there are a number of things to keep in mind.