Proving Negligence in Michigan Truck Accidents

What Are Examples of Truck Accident Negligence in Michigan?

Usually, in any lawsuit, truck accident negligence refers to actions or omissions by a truck driver that effectively breaches their duty of care. This often results in an accident that severely injures or kills others.

This type of negligence is legally defined as the failure of the semi-truck driver to use the proper level of care that a reasonable and careful driver would use under similar circumstances.

Some examples of negligence that you thorough and experienced truck accident lawyer will look for may include:

• Excessive speeding is likely the most common driver-related cause of truck accidents. Operating these huge vehicles at excessive speeds significantly increases the chance that the driver will lose control of their tractor-trailer or stop quickly when needed.
• Various Compliance Violations – Failing to comply with federal and state regulations can often contribute to or cause crashes.
• Disregarding Traffic Laws – Actions such as failing to stop at stop signs, yielding correctly, and reducing speed when needed can result in accidents that cause severe injury or loss of life.
• Driver Fatigue – Drivers are continuously under pressure from their employers to drive longer hours and more miles daily. This pressure causes drivers not to get enough rest, which can lead to drowsiness or falling asleep while driving. This is another common cause of large truck accidents.
• Using drugs or drunk driving – Driving under the influence of drugs is very dangerous and against the law. This will impair the driver’s judgment and slow their reaction times.
• Bad Road Conditions
• Improper backing up, passing, and turning.
• Distracted driving – Truck drivers that text while driving, etc., severely violate state and federal laws. Any distraction while operating an 80,000lb vehicle can cause catastrophic events.
  Suppose you were injured in an accident with a large truck. In that case, your knowledgeable, thorough, and determined truck accident lawyer will professionally investigate your accident and know precisely what to look for to prove negligence.

What Types of Evidence May My Lawyer Use to Prove Driver Negligence?

Proving negligence is always legally complex in any truck accident case. This is why your case must be managed by a skilled Michigan truck accident lawyer who understands Michigan’s laws and regulations regarding trucking personal injury cases.

However, proving negligence in a truck accident lawsuit relies on solid evidence. Some of the critical pieces of evidence your lawyer will use are:

• Evidence from the scene of the accident – Photos of Photographs of the accident scene, damage to all vehicles, skid marks, road conditions, etc.
• Documented eyewitness statements – These statements will help corroborate your version of events.
• Official police reports—These reports will contain critical details about your accident citations issued to the truck driver and more.
• Records from the trucking company – The driver’s employer will have driving logs, maintenance reports, and more.

Uncovering and using the evidence pertaining to your crash is a significant and critical step to obtaining total compensation for the injuries and damage you’ve incurred.

Your thorough and well-versed Michigan truck accident lawyer will understand the elements of negligence and why gathering strong evidence is critical to strategically building a compelling case.

You must note that you should never attempt to face the aftermath of a truck accident alone; you must seek competent and passionate legal assistance while you focus on your recovery.

What Other Vital Actions My Lawyer May Take to Prove the Driver’s Negligence?

A professional truck accident law team will take definitive steps to ensure you have the best chance of winning your case and obtaining what you and your family need to physically and financially recover.

For Example, your lawyer will:

• Thoroughly Investigate the Accident – By thoroughly investigating the accident, all the facts can be used to reconstruct what occurred and establish negligence.
• Manage all legal and other communication—Effective communication with insurance companies and all parties involved is vital to ensuring your rights.
• Totally calculate your damages – This is critical, as you must accurately determine the full extent of your damages, including current and future medical costs, lost wages, and non-economic damages (such as pain and suffering).

As stated, these cases are complex, and managing your case’s various aspects can be overwhelming. Your professional truck accident law team must also document myriad essential facts related to your case, such as driver fatigue, lack of maintenance to the vehicle, and even using an accident reconstruction specialist.

Statistics show us that large truck vs. car or SUV accidents almost always result in dire injuries to you or a member of your family. So, the stakes are high, and using a well-versed truck accident lawyer is mandatory.

What is Vicarious Liability and Can It Help Me in My Truck Accident Lawsuit?

Truck accidents are legally unique because the driver’s employer can be held liable for the accident, even if driver negligence was to blame. Legally, the concept of “respondeat superior” would come into play.

Respondeat superior, usually called “vicarious liability,” is a common legal doctrine that originated decades ago. Under this doctrine, the driver’s employer can be held indirectly responsible for the driver’s actions.

This unique legal concept can benefit you financially and legally by helping your experienced truck accident lawyer. It could significantly increase your chances of getting the total compensation you deserve.

You must note, however, that the concept of vicarious liability can only be applied to your truck accident if the driver was on duty and was acting within the scope of their job when the incident occurred.

For instance, if the driver causes an accident while making a delivery, the trucking company can be held vicariously liable for any damage to you or your property.
As stated, truck accidents are usually legally complex, and the way these cases are drafted, the strategies involved, and the amount of compensation you receive are all dependent on the experience, knowledge, and persistence of your empathetic truck accident law team.

I’ve Had a Truck Accident in Michigan; How Should I Proceed?

First, you must note that truck accidents can be physically and financially devastating to you and your family. Therefore, if you’ve been injured in a truck accident, you must immediately contact a local truck accident lawyer with a long-standing, winning, and comprehensive history of drafting, filing, and litigating these legally complex cases.

The Michigan truck accident lawyers at the Sigal Law Firm have a long and successful history and a significant legal presence in presenting and winning these challenging cases. They are highly experienced in truck accident litigation and will strategize an extraordinarily successful and detailed case so you and your family receive the compensation you need and legally deserve.

Call 248-671-6794 for a free consultation on your case. They will provide you with the personal, knowledgeable, and professional service you and your family deserve.