Who can be held liable in a Michigan truck accident?
Liability may fall on multiple parties, including the truck driver, trucking company, cargo loaders, truck owner, truck manufacturer, or even a government agency if road conditions contributed to the crash.
How do I prove liability in a truck accident?
Proving liability requires evidence such as police reports, black box data, driver logs, maintenance records, witness statements, and accident reconstruction reports. An attorney can help gather and preserve this evidence.
Can I sue the trucking company if the driver caused the accident?
Yes. Under vicarious liability, a trucking company is responsible for its employees' actions while they are on duty. If the company engaged in negligent hiring, training, or maintenance practices, it may also be directly liable.
What if the truck was carrying unsafe or improperly loaded cargo?
If improperly loaded cargo caused the accident, the cargo loading company or freight broker may be held liable. Federal cargo securement regulations require proper weight distribution and tie-downs to prevent cargo shifts and spills.
What happens if a defective truck part caused the crash?
If mechanical failure (e.g., brake failure or a tire blowout) played a role, the truck manufacturer, parts supplier, or maintenance provider may be responsible under product liability laws.
Can the government be liable for a truck accident?
Yes, but suing a government entity is more complex. If poor road conditions, missing signs, or unsafe highway design contributed to the crash, a city, county, or state agency may be held responsible. Claims against government agencies have different filing deadlines and stricter legal requirements.
What if I was partially at fault for the truck accident?
Under Michigan’s comparative negligence rule, you can still recover damages if you are less than 50% at fault, but your compensation will be reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover pain and suffering damages.
Do I need a lawyer to determine liability in a truck accident?
Yes. Truck accident cases involve complex regulations, multiple liable parties, and aggressive insurance companies. A lawyer can conduct an investigation, preserve evidence, and fight for the maximum compensation you deserve.