A tractor trailer crossed over the highway median, crashed into another vehicle and killed that driver in Detroit on I-75. United States Highways are overburdened with big truck travel, and the roadways have not been updated to keep pace with the increases of transporter travel coupled with distracted and tired driving possibilities.
No fault law.
The Michigan 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.
Parties to wrongful death compensation.
If someone dies as a result of an accident involving a large truck in Detroit Michigan, a wrongful death claim can be pursued. Under the laws of the State of Michigan, only the departed individual’s spouse, children, step-children, descendants, parents, grandparents, brothers and sisters, or the person inheriting the decedent’s estate are able to receive compensation for damages in this legal action.
Amount of time to file claim.
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.
After a truck accident.
Post-Accident actions after a truck accident in Michigan include:
- Check on the condition of the people involved in the accident;
- Call the police or emergency responders if needed;
- Get a written accident report;
- Remain at the accident scene;
- Exchange driver and insurance information;
- Get witness contact information;
- Call your insurance company to set up a claim;
- Seek out medical treatment if necessary;
- Take pictures of the scene, and the vehicle damages;
- If the truck is a Commercial Vehicle, get a State Trooper report; and
- Federal reporting requires a truck crash report to be filed when the crash involves a fatality, injury or disabling damage to any vehicle involved.
Michigan is a comparative fault state regarding damages and: “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. The “comparative fault” law does not apply to claims for Michigan No-Fault benefits because, under Michigan’s No-Fault Law, “fault” is not pre-condition to collecting benefits that are reasonably necessary to a victim’s care, recovery or rehabilitation.
Hire an attorney.
Contact USAttorneys.com to find professional legal counsel who have experience in truck accident cases to make sure all necessary paperwork is completed properly and filed in a timely manner. 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.