Being injured in a collision with a commercial truck can raise questions that do not usually arise after an ordinary passenger-vehicle crash. The truck driver may be responsible, but the investigation may also involve the trucking company, vehicle owner, maintenance providers, cargo-related companies, or other parties connected to the vehicle and its operation.
Determining who may be legally responsible starts with understanding how the crash happened, who owned and operated the truck, the relationship between the driver and the motor carrier, and whether any other company contributed to the collision.
For a broader overview of commercial-truck claims, visit our Michigan truck accident lawyer resource.
Who Can Be Liable for a Truck Accident in Michigan?
More than one person or company may potentially be responsible for a commercial truck collision. The answer depends on the facts of the particular crash.
Potentially responsible parties can include:
- The truck driver. Speeding, distracted driving, unsafe lane changes, following too closely, fatigue, impairment, or other negligent driving may contribute to a collision.
- The trucking company or motor carrier. Depending on the circumstances, a company may face responsibility related to its driver or its own conduct, including hiring, supervision, training, vehicle maintenance, or safety practices.
- The vehicle owner. Ownership and control of the truck can be relevant when determining potential liability.
- Maintenance providers. A company responsible for inspecting or repairing the truck may need to be investigated when a mechanical problem contributed to the crash.
- Cargo-related companies. Improperly loaded or secured cargo can contribute to rollovers, lost loads, or other dangerous conditions.
- Manufacturers or other companies. When a defective vehicle or component contributed to the collision, additional legal issues may arise.
Michigan law also addresses circumstances in which the owner of a motor vehicle may be liable for injuries caused by its negligent operation. The application of those rules depends on the ownership, operation, consent, and other facts surrounding the vehicle involved.
Can I Sue a Trucking Company After an Accident in Michigan?
Potentially. A trucking company may be one of the parties against whom a claim can be pursued when the facts and Michigan law support liability.
For example, an investigation may examine whether the driver was acting for the trucking company at the time of the collision and whether the company itself contributed to the crash through its hiring, supervision, training, maintenance, or other practices.
The trucking company is not automatically the only potentially responsible party. The driver, truck owner, maintenance contractor, cargo-related company, or another business may also need to be investigated.
That is one reason identifying the companies and relationships involved in a commercial-truck operation can be an important part of the investigation.
For a step-by-step overview of what happens after a collision, see our guide to filing a truck accident claim in Michigan.
What Evidence Can Help Determine Who Was Responsible?
Commercial truck cases can involve evidence that may not exist in an ordinary car-accident claim.
Depending on the circumstances, relevant evidence may include:
- Police crash reports
- Photographs and video from the scene
- Witness information
- Electronic logging device records
- Vehicle and engine-control data
- Driver qualification and employment records
- Hours-of-service information
- Inspection and maintenance records
- Dispatch or trip records
- Cargo and loading documentation
- Dashcam or surveillance footage
- Applicable insurance policies
- Medical records documenting the injuries caused by the collision
Some of this information may be controlled by the trucking company or another business rather than the injured person.
Preserving potentially relevant evidence early can therefore be important. Electronic information can be overwritten, vehicles can be repaired, and other records may become more difficult to obtain as time passes.
Does Michigan No-Fault Insurance Apply to Truck Accidents?
Michigan’s No-Fault system can apply when someone is injured in a motor-vehicle accident involving a commercial truck.
Depending on the circumstances and applicable coverage, Personal Protection Insurance benefits may address certain accident-related losses. A separate claim against a responsible driver, trucking company, vehicle owner, or another party involves different legal questions.
For more information about Michigan No-Fault benefits and disputes, visit our Michigan No-Fault insurance lawyer resource.
What If More Than One Party Caused the Truck Accident?
Commercial truck crashes do not always have a single responsible party.
For example, an investigation might find evidence involving the driver’s actions as well as issues related to vehicle maintenance, company practices, or another vehicle involved in the collision.
Michigan’s comparative-fault rules can also affect a personal injury claim when responsibility for an accident is disputed or divided among multiple parties.
The appropriate analysis depends on the evidence and the particular claims being pursued.
Why Are Truck Accident Investigations Different From Car Accident Investigations?
A commercial truck may be connected to several different businesses and sources of evidence.
The driver may work for one company while the tractor or trailer is owned by another. Maintenance may be performed by an outside contractor. Cargo may have been loaded by another business. Multiple insurance policies may also need to be reviewed.
Federal motor-carrier requirements may be relevant to certain commercial trucking operations as well.
For more information, see our Michigan trucking laws and regulations resource.
How Does Khamo Law Investigate Potential Truck Accident Liability?
A truck accident investigation can begin by identifying the vehicles, drivers, owners, motor carriers, insurance coverage, and other companies connected to the collision.
Depending on the case, the investigation may also involve obtaining available records, preserving electronic evidence, reviewing photographs and video, examining maintenance and inspection information, speaking with witnesses, documenting injuries and financial losses, and determining whether additional parties should be investigated.
The purpose is to determine what happened and which claims are supported by the available evidence and applicable law.
Frequently Asked Questions About Michigan Truck Accident Liability
Is the truck driver always responsible for a truck accident?
No. Responsibility depends on what caused the collision. The driver may be responsible, but a trucking company, vehicle owner, maintenance provider, cargo-related company, another driver, or another party may also need to be investigated.
Can both the truck driver and trucking company be responsible?
Depending on the facts and applicable law, a claim may involve both the driver’s conduct and potential responsibility involving the trucking company.
What if poor truck maintenance caused the crash?
Maintenance and inspection records may become important when brakes, tires, steering components, lights, or other vehicle systems may have contributed to a collision. The parties responsible for maintaining the vehicle should be identified and investigated.
What if improperly loaded cargo caused the accident?
Cargo loading and securement can become part of the liability investigation when shifting, falling, overloaded, or improperly secured cargo contributed to the crash.
What if the trucking company says its driver caused the accident?
A company’s statement does not necessarily resolve every liability issue. The relationships among the driver, carrier, vehicle owner, contractors, and other companies should be evaluated along with the evidence.
How do I file a truck accident claim in Michigan?
The process depends on the circumstances, insurance coverage, injuries, and parties involved. Our Michigan truck accident claim guide explains the process in greater detail.
Talk With Khamo Law About a Michigan Commercial Truck Accident
If you were injured in a commercial truck collision, determining who may be responsible can require investigating more than the driver.
Khamo Law can evaluate the circumstances of the crash, identify potentially responsible parties, review available insurance coverage, preserve relevant evidence, and explain the legal options supported by the facts and Michigan law.
Call 248-466-0606 or contact Khamo Law online for a free consultation.