Size impacts damages.
A typical tractor-trailer or other large truck can weigh as much as 80,000 pounds by law. Most passenger vehicles are about 3,000 – 4,000 pounds, and are significantly outsized by a semi-trailer making compensation for damages and wrongful death claims much higher in Michigan. Other factors including reckless driving, DUI, poor driver training, swinging turns, absence of braking distances, tire blowouts, overloaded cargo, weather, road maintenance, and other drivers exacerbate the already dangerous size discrepancy on U.S. Highways.
Michigan State accident costs.
Accident and wrongful death claims are expensive and take a toll on insurance and courtroom docket space in Michigan. The State of Michigan’s data shows a slight reduction in motor vehicle crashes from 2017 to 2018, accounting for costs that exceeded $44,515,956,700, with comprehensive costs for death at about $10,562,000; suspected serious injury $1,155,000, Suspected Minor Injury $318,000, Possible Injury $147,000, No Injury $48,700. Kent County showed no increase in fatalities in 2017.
Insurance requirements for big rigs.
The State of Michigan and the Federal Motor Carrier Safety Administration have specific insurance requirements for semis. If you have your own authority, some coverages are mandatory, like primary liability. If you are leased to a motor carrier, you may be looking for physical damage truck insurance, bobtail coverage, and non-trucking liability.
Michigan’s No-Fault Law (MCL 500.3108) guarantees that dependents of a Michigan accident victim are entitled to benefits when that loved one dies due to injuries sustained in an automobile accident. It doesn’t matter if they were a pedestrian, on a bicycle, a motorcycle, or in a car or truck, or whether the deceased was at fault. A no-fault policy maintained by one person includes all family members living in the same residence.
Michigan is a comparative fault state with regard to accident damages, except as it pertains to no fault damages including wrongful death matters. “Damages shall be assessed on the basis of comparative fault, except that damages shall not be assessed in favor of a party who is more than 50% at fault.” Comparative fault damages will cover vehicle damages and pain and suffering.
Wrongful death claims arising out truck accidents.
If the truck accident resulted in fatalities to any person(s) involved in the accident, a wrongful death claim can be pursued. Under Michigan Wrongful Death Act, only the deceased person’s spouse, children, step-children, descendants, parents, grandparents, brothers and sisters, or the person inheriting the decedent’s estate, can receive compensation for this type of legal claim.
Tiime to file.
There is a 3-year statute of limitations for filing a wrongful death claim, and surviving family members may be barred from seeking civil damages for the untimely death of their loved one if they do not act within this timeframe. This is one reason it is very important to consult with a Michigan wrongful death attorney soon after the passing of your loved one.
Seek legal counsel.
USAttorneys.com can help you locate an experienced legal professional in your county who will understand how to assess the damages for your accident claim. Determining the percentage of fault is a matter for those who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident.