Filing Semi-Truck Accident Claims
Motorists injured in a trucking accident or a crash involving a semi-truck may bring a negligence claim against the at-fault truck driver, corporate owner, and insurer of the truck.
In this negligence claim, injured motorists may recover damages for their injuries that aren’t covered by no-fault PIP benefits. Those damages include:
- non-economic damages, which are typically referred to as “pain and suffering” damages.
- excess economic loss damages, which includes the value of any work loss that he or she may suffer beyond the three-year period provided for in the person’s PIP benefits.
Despite the similarities to other types of injury claims brought under Michigan’s no-fault law, trucking accidents involve many special issues and therefore claims can be quite complicated. For this reason, anyone injured in an accident with a large truck should contact an experienced Michigan semi-truck accident lawyer for legal assistance.
Elements of a Semi-Truck Negligence Claim
When bringing a negligence claim against a semi-truck operator, insurer or company, an injured motorist must prove four basic elements:
- the driver and/or owner of the semi-truck owed the injured motorist a legal duty;
- the driver or owner breached that legal duty;
- the motorist sustained injury; and
- the driver or owner’s breach of duty caused the motorist’s injuries.
State and Federal Semi-Truck Laws
Defining the truck driver or owner’s legal duty is a crucial step in any negligence case. Normally, motorists have a legal duty to comply with traffic safety rules and regulations. However, semi-trucks are subject to additional rules and regulations created by the United States Department of Transportation’s Federal Motor Carrier Safety Administration.