1. Federal Motor Carrier Safety Regulations apply
A truck operating in interstate commerce is subject to the Federal Motor Carrier Safety Regulations at 49 C.F.R. Parts 350-399. Those regulations cover:
- Driver qualifications (Part 391) — medical certification, CDL, driving-record checks, road tests.
- Hours of service (Part 395) — 11-hour driving limit, 14-hour on-duty limit, 60/70-hour weekly limits, ELD tracking.
- Drug and alcohol testing (Part 382) — pre-employment, random, reasonable-suspicion, and post-crash testing (within 8 hours for alcohol, 32 hours for drugs).
- Vehicle inspection and maintenance (Part 396) — daily driver inspections, annual DOT inspections, brake and lighting standards.
- Cargo securement (Part 393, Subpart I) — weight limits, tie-downs, load-shift prevention.
An FMCSR violation is not just a technicality — Michigan courts routinely treat regulatory violations as evidence of negligence (or, in some cases, negligence per se). Michigan intrastate carriers are governed by the Michigan Motor Carrier Safety Act (MCL 480.11a et seq.), which adopts most of the FMCSRs by reference.
2. Multiple defendants — not just the driver
A properly litigated truck case almost always involves more than one defendant. The most common combinations:
The driver
Direct liability for negligent driving — speeding, fatigued driving, distraction, impairment, or improper lane changes.
The motor carrier (trucking company)
Vicariously liable for the driver's negligence under respondeat superior, and directly liable for negligent hiring, training, supervision, or retention.
Separate truck or trailer owners
Under owner-operator leases and 49 C.F.R. § 376, a leased truck's registered owner and the placarded motor carrier can both be responsible.
Shippers and cargo loaders
Improperly loaded, unbalanced, or unsecured cargo shifts liability onto whoever loaded it — even if that's a completely different company than the carrier.
Maintenance contractors
Brake shops, tire dealers, and third-party maintenance vendors can be responsible for mechanical failures.
Parts manufacturers
Defective brakes, steering components, tires, or lighting can support a product-liability claim under MCL 600.2946.
Brokers
Freight brokers who hired an unqualified or unsafe carrier can be liable for negligent selection under emerging federal case law.
3. Stacked insurance policies — not one $50K limit
Passenger auto policies typically carry $50,000–$500,000 in liability coverage. Commercial trucks are required to carry:
- $750,000 minimum for most interstate general-freight carriers (49 C.F.R. § 387.9).
- $1,000,000 for oil carriers.
- $5,000,000 for hazmat carriers.
- $1,000,000 minimum for many Michigan intrastate carriers under MCL 480.11a.
Larger carriers routinely stack primary, excess, and umbrella policies worth $5–$25 million. Finding every layer and coordinating between insurers is a discovery project by itself.
4. Rapid-response defense industry
Most major motor carriers and their insurers have contracts with rapid-response teams — accident reconstructionists, defense attorneys, and adjusters who are dispatched to serious crashes within hours. Their job is to lock down the scene, take driver statements, download the ECM, and start building the defense case before the injured person even leaves the emergency room. If a plaintiff's lawyer isn't in the case within the first week, the record has already been shaped.
5. Evidence with days-long retention windows
Truck-specific evidence exists nowhere in a car case — and it disappears quickly:
- ECM ("black box") data — engine speed, brake application, throttle, and hard-braking events.
- ELD hours-of-service records — required by 49 C.F.R. § 395.22; retention only 6 months.
- Dashcam and telematics — often overwritten in 7–30 days.
- Driver qualification files — DOT physicals, road-test results, PSP records.
- Post-crash drug and alcohol tests — 49 C.F.R. § 382.303.
A truck accident lawyer sends a spoliation-preservation letter to the carrier and its insurer immediately upon being retained. Without that letter, most of the above evidence is lawfully destroyed on the carrier's routine retention schedule.
Talk to a truck-specialist lawyer before day two.
Jay Trucks & Associates has litigated Michigan commercial-trucking cases for decades. We know the regulations, the rapid-response playbook, and the evidence retention windows. Call now — before the trucking company's record gets written for you.