As the county seat of Kent County, Grand Rapids is a city with a lot of traffic, which, of course, means lots of potential collisions. In 2023, Kent County experienced 18,767 total crashes, with 60 of these being fatal. Some of the most dangerous types of accidents are those involving commercial trucks.
Commercial trucks are large and difficult to operate, requiring not only lots of experience and training but also a driver’s full attention. Unfortunately, the people behind the wheel of these vehicles aren’t always mindful of their duty of care toward others on the road.
If you’ve been in a truck accident and suffered injuries, you may be entitled to compensation for your losses. At Atnip & Associates, PLLC, our team of Michigan truck accident lawyers can help you file a claim. Learn more about what your rights are and what damages you can claim.
Michigan is a no-fault state. This means that if you get into an accident, you can file a claim with your own insurance company without having to prove who was at fault. With this kind of claim, you can recover economic damages, including medical expenses and lost wages. You can’t, however, get non-economic damages.
The limited nature of no-fault claims can be an issue when you’re dealing with severe injuries that will require a lot of medical care or that have resulted in a disability that you will have for the rest of your life. In those instances, you have the chance to step outside of the no-fault laws and file a personal injury claim.
To do so, you need to prove that the other person holds more than 50% of fault for the collision and that they were negligent. That means showing that they owed you a duty of care and breached it.
Anyone behind the wheel of a vehicle owes others on the road a responsibility to drive safely and obey all traffic laws. If they fail to do so, they’re breaching their duty of care.
You then have to show that the injuries you suffered are a direct result of the other party’s negligence and that you can be compensated for those losses. If the injuries are mild enough not to require any kind of medical care, you can’t file a personal injury claim.
Truck accidents can occur as a result of driver errors and a variety of third-party problems.
A driver who’s under the influence of drugs or alcohol will not be able to act as needed when facing a hazard on the road. Their reaction time will be slower and they will have impaired coordination.
That can be a significant issue with any vehicle but especially with trucks. The driver can lose control, leading to potentially fatal accidents.
Each year throughout the United States, thousands of people lose their lives because of distracted drivers. In 2022, 3,308 people died as a result of a distracted driver.
Truckers spend a lot of time on the road, which means they can get bored. They could start changing radio stations, looking at their phone, or fussing with their GPS. All of these behaviors take their eyes and minds off the road.
A truck needs a significant amount of time to come to a complete stop. If the truck driver isn’t paying attention when a hazard appears, they may not have enough time to stop. Additionally, if they swerve, the truck could get out of their control.
A trucker going faster than the posted speed limit or faster than road conditions and weather allow can cause catastrophic accidents. If any obstacle appears on the road, they may not have enough time to keep from crashing into it. The force during the hit will also be much more significant because of the high velocity.
Truckers who are tired will have much slower reaction times. They will also be more likely to fall asleep at the wheel, potentially letting the truck swerve into other lanes and even putting it at risk of rolling over.
There are strict regulations in place regarding how long truckers can be on duty, but these laws aren’t always followed. Employers may push drivers to work more hours than is legal, or truckers themselves may work longer shifts than they’ve logged. All of these negligent actions can cause fatalities.
A truck has to be loaded correctly to be safe on the road. If cargo shifts during transport, the truck’s center of gravity can change, making it more likely to roll over during a turn or a curve. Whoever was in charge of loading the vehicle could be held liable for these accidents.
If a part malfunctions on the road, the driver could lose control of the truck. Often, the fault lies with the truck’s manufacturer. Sometimes, however, the parties involved with maintenance checks could also be held liable.
Employers have to ensure they hire capable truck drivers, and they must provide the appropriate amount of training. If they don’t, they’re negligent and could be held responsible in the event of an accident.
After a truck accident, you can claim economic and non-economic damages. Economic damages are those that compensate you for financial losses. These include medical expenses. If you had to spend days in Trinity Health Grand Rapids Hospital, for example, economic damages would cover that.
You also get compensation for wages you were unable to receive. If you couldn’t go to work because of your injuries, you can claim that lost pay. If your injuries are severe enough to keep you from returning to work, you can also claim loss of earning potential.
With serious injuries that allow you to step away from the no-fault system, you can claim non-economic damages, too. These damages are things you cannot put a dollar amount on since they don’t generate any bills.
However, they are still losses you deserve reimbursement for and could include loss of enjoyment of life, pain and suffering, and loss of consortium.
Going through an accident involving a truck that results in serious injuries can leave you struggling with physical and psychological trauma. If you want to file a personal injury claim, you need to hire lawyers to help you so that you have the best chance of succeeding.
At Atnip & Associates, PLLC, our team of experienced Grand Rapids truck accident attorneys has years of experience helping people recover damages. We will assess your claim to ensure we can help you and then begin gathering evidence to demonstrate you deserve compensation.
Dealing with insurers is something you never want to do on your own. We will handle it for you, putting all of our experience and negotiation skills on the table to help maximize your settlement. If negotiations aren’t working as well as we’d like, it’s possible to take your case to court. No matter what path you choose, we’re here to offer our support.
Contact our personal injury lawyers to schedule a free consultation.
