When a car, truck or SUV collides with a commercial truck, the damage, both to the smaller vehicle and its passengers can be catastrophic. In times like these, contacting a knowledgeable lawyer can be an important step as you consider possible legal options.
I would highly recommend their services to anyone in need of a good attorney...
- J. Pereida
The truck accident attorneys at Jay Trucks and Associates have experience handling truck accident cases and a proven record of success including a $935,000 recovery for a female driver that suffered multiple bone fractures when a commercial vehicle collided with her after making a left hand turn into her lane.
We offer a free case review so we can determine if you may be eligible to seek compensation. Our lawyers are dedicated to helping the injured obtain compensation they need for medical costs, lost wages from missing work and other losses. We are not paid unless our clients are paid first.
Free Consultation. Ph: (800) 762-8623.
How Do I Know if My Case is Valid?
Proving negligence in a truck accident claim could be complicated without the help of an experienced truck accident attorney. To determine if your case is valid, you or your lawyer must provide evidence to establish the four elements of negligence.
- Duty of care was present – For example, a truck driver has a duty of care to avoid driving while under the influence of drugs or while drowsy. The Federal Motor Carrier Safety Administration or FMCSA has regulations on the number of consecutive hours a commercial truck can spend behind the wheel to help prevent drowsy driving. For example, truck drivers cannot drive more than 14 consecutive hours after coming on duty, following an off-duty period of 10 consecutive hours.
- Duty of care was breached – When a truck driver ignores trucking laws and regulations and engages in reckless behavior, he or she may have breached a duty of care.
- Causal link exists – You or your attorney must prove your injuries were directly caused by the breached duty of care.
- Damages were generated – You or your lawyer must prove your injuries resulted in damages, such as medical costs, lost income from missing work and property damage.
Our Flint truck accident lawyers may be able to help you. Call (800) 762-8623 today.
Who Can Be Held Accountable for My Injuries?
If you hire us to represent you, we are committed to building a strong case to try to hold all negligent parties responsible and recover the maximum compensation available.
Often, more than one party is at fault for a truck accident:
- Driver – They may be liable for disregarding traffic laws by speeding, driving under the influence of drugs or alcohol or tailgating.
- Truck owner – If the owner fails to properly maintain the vehicle and this results in a crash, the owner may be held liable.
- Trucking company – If a trucking company fails to do proper background checks or provide adequate training and hires an unqualified driver who later causes an accident, the company could share responsibility.
- Maintenance company – If the accident is the result of a lack of routine maintenance, or oversights during regular service, the maintenance company could be legally liable for damages.
- Cargo-loading company – The U.S. Department of Transportation Federal Highway Administration and Michigan have regulations on the amount of weight trucks are allowed to carry and if a cargo-loading company exceeded those limits, the cargo-loading company could be held liable.
- Manufacturer – Faulty parts or defective components could cause accidents and the manufacturers of these parts could be held responsible.
Others who could potentially be held liable for accidents include the maker of the trailer, owner of the trailer, company that leased the trailer, suppliers and shipping companies.
How Soon Should I File My Claim?
You should get started as soon as possible because if you wait, the liable parties may be more likely to attack your credibility or claim you have a preexisting injury or were injured in some other situation besides the accident.
There are various deadlines that may affect your claim. For example, you may be eligible to pursue compensation from the no-fault insurance policy on your car. These claims must be filed within one year of the date of the accident.
Third-party insurance claims, such as a claim against the liability insurance policy on the truck or its driver, may be subject to different deadlines depending on what is written in the policy. If you were hit by a truck without a trailer, you may have a claim against the bobtail insurance policy.
Your lawyer may be able to file a personal injury lawsuit on your behalf. The Michigan statute of limitations allows most personal injury victims three years to file a claim, but this period may be shorter or longer, depending on the circumstances of your claim.
If you miss a deadline, you could lose a chance to pursue compensation, so it is important to discuss this issue with a qualified lawyer as soon as possible. Our Flint truck accident lawyers are available to determine the deadline that applies to your claim.
Call (800) 762-8623 today.
How Much Might My Claim Be Worth?
This is perhaps one of the most frequently asked questions and it is never easy to answer because truck accident cases are all different, different injuries require different kinds of medical treatment and there could be multiple parties involved, each of whom could share some fault.
These are the out-of-pocket expenses related to your injury. For instance, you could be compensated for past, present and future medical expenses such as doctor visits, hospital stays, ambulatory transportation, medical devices, physical therapy, medications, X-rays, etc.
If your no-fault insurance policy was purchased or renewed before July 1, 2020, you should have unlimited coverage for these kinds of expenses. Policies bought or renewed after this date have different levels of coverage, depending on what the policyholder chose:
- $50,000 for Medicaid enrollees
- No coverage, if you have a qualifying health insurance plan
These limits are explained in the new law that makes sweeping changes to the no-fault insurance system in Michigan.
You could also qualify to receive compensation for lost wages if you were forced to take time off from work during your recovery. No-fault insurance may cover up to 85 percent of lost wages for up to three years. These policies may also provide up to $20 per day to help you pay for help around the house because your injuries prevent you from doing things around the house.
If you lost a loved one in a truck accident, and he or she was working to support the family financially, the surviving family members could qualify for lost future income.
If your car or any other property was damaged in the truck accident, or if you need property enhancements such as a lift or ramp for wheelchair access to your vehicle or home, you may be able to recover compensation for these costs.
These are the psychological effects that victims sometimes suffer after a serious accident. Victims can sometimes be compensated for any physical pain and suffering endured, along with physical disability or disfigurement, mental trauma, loss of companionship or loss of enjoyment of life.
The Flint truck accident attorneys at Jay Trucks and Associates understand the difficulties individuals and families often endure after a serious truck accident. If you were injured or lost a loved one due to the negligence of another party, and your claim is validated by our legal staff, we are prepared to work tirelessly to recover as much compensation as possible.
Have Questions? Contact Us Today. Ph: (800) 762-8623.
Commercial Trucking Laws That Might Apply to Your Case
Our attorneys are prepared to carefully review your situation to determine if any state or federal regulations were violated before your accident. For example, the FMCSA has specific regulations on when drug and alcohol testing must be done following a crash. Employers must test if the crash causes death or the victim requires immediate treatment away from the scene.
Our attorneys may also investigate whether the driver was properly tested in the past or if he or she tested positive in the past. Drivers must be tested before being hired for a job, when they are under reasonable suspicion or when they return to duty after testing positive.
Michigan has a series of regulations on weight limits for commercial trucks on Interstate highways and other designated highways. For example, single axle vehicles are subject to these restrictions:
- 20,000 pounds for vehicles with a gross vehicle weight of 80,000 pounds or less
- 18,000 pounds on all other highways
Our Flint truck accident attorneys are prepared to investigate to determine if these restrictions were followed in your crash. Overweight trucks could be more at risk for tipping over or being harder to stop.
Learn more about how we may be able to help you in a free consultation. We keep our clients informed throughout the legal process, handling communication and negotiation with insurance companies, and preparing to go to trial when necessary to pursue maximum compensation.
Jay Trucks and Associates. We are here to help you. (800) 762-8623
What Causes Truck Accidents to Occur?
While there could be several reasons why truck accidents happen, many of them are caused by:
- Speeding or driving recklessly
- Driving in poor weather or poor road conditions
- Driver fatigue
- Driver inexperience
- Loose, unsecured or unbalanced cargo
- Debris on the roadway
- Failure to check blind spots
- Hitting a vehicle while stopped or in motion
- Driving off the side of the road
- Failure to conduct vehicle maintenance
- Mechanical issues
- Failure to properly inspect the vehicle
- Drifting into other vehicle lanes
- Loss of vehicle control
- Driving while distracted on the phone, eating or using a GPS device
Negligence often results in some of these common truck accidents:
- Jackknife crashes – This refers to the trailer swinging out wide of the cab, potentially crashing into nearby vehicles.
- Rollovers – Tire blowouts, slippery roadways and overloaded trailers are all reasons why a truck might tip over.
- Underride crashes – If a car crashes into the back of a trailer, it may slide under the trailer because trailers are usually much higher off the ground than the hood or top of a car.
- Rear-end collisions – Tailgating is often the reason for these collisions. Truck drivers need to be extra careful because it takes trucks much longer to stop than traditional passenger vehicles.
- T-bone accidents – Truck drivers who run red lights or violate right-of-way laws could cause these collisions, which often result in severe injuries because the sides of vehicles are not as well-equipped to handle the impact as the front and rear often are.
Reach Out to a Flint Truck Accident Attorney Today
The attorneys at Jay Trucks and Associates have a proven track record of results. We have taken on more than 1,000 cases, representing clients across the state of Michigan and we do not collect any fees unless we win your truck accident case.
Call us today to schedule your complimentary consultation so we can review the details of your claim and determine if you may have been injured because of another’s negligence. Our helpful team of legal professionals is available to take your call anytime, 24/7. Our lawyers are prepared to handle cases involving a variety of large commercial vehicles, tractor-trailers, cargo trucks, semi-trucks, 18-wheelers, flatbed trucks and more.
No Upfront Fees. Free Consultation.