Troy Fatal Truck Accident Lawyer

When To Consult a Dedicated Troy Truck Crash Law Firm

Troy is one of Michigan’s busiest business, shopping, and residential areas. Hundreds, if not thousands, of large trucks pass through Troy daily, supplying Troy’s businesses, schools, and other venues with goods. They also pick up finished products and carry them elsewhere for sale or distribution.

Both federal and state laws regulate the maintenance and operation of large trucks. Federal safety standards allow them to be up to 14 feet tall and weigh up to 80,000 pounds. Michigan’s road rules allow them to exceed the 80,000-pound limit if they do not cross state lines.

Michigan defines a “truck” as a commercial vehicle or vehicle and trailer with a gross vehicle weight rating (GVWR) over 10,000 pounds. This definition includes box and straight trucks commonly used for local deliveries. The definition also includes fully loaded tractor-trailers, the largest, heaviest vehicles on the road. When they collide with a passenger car, motorcycle, bicyclist, or pedestrian, they often cause fatal injuries.

If you’ve lost a loved one to a truck collision, speak to an experienced Troy fatal truck accident lawyer today. The attorneys at Sommers Schwartz, P.C., can help.

Fatal Truck Crash Statistics in Troy and Oakland County

According to Michigan State Police statistics, in 2023:

• Ninety-three fatal truck or bus crashes claimed 103 lives in Michigan.
• Truck crash deaths dropped two percent, from 105 deaths in 2022 to 103 deaths in 2023.

October saw the highest number of truck crashes, with Thursday being the most frequent day for these incidents throughout the year. Interestingly, most collisions occurred outside of typical rush hour traffic during daylight hours, peaking in frequency between noon and 3:00 p.m.

In 2023, Oakland County reported 1,906 large truck and bus crashes, including five collisions that claimed five lives. Macomb, Monroe, and Calhoun Counties also reported five fatal crashes each. Only Wayne County posted higher numbers of truck crashes and deaths.

Common Causes of Fatal Truck Collisions

The Federal Motor Carrier Safety Administration (FMCSA) oversees large trucks on interstate highways. The agency’s 2023 Large Truck Crash Causation Study (LTCCS) identifies several common causes of fatal truck accidents. These include driver error, lack of driver training or oversight by trucking companies, vehicle and equipment failures, and environmental issues.

Driver Error

Commercial truck drivers frequently make split-second decisions. Truck driver errors or mistakes factored into nearly 38 percent of the 114,000 crashes reported in 2023. The LTCCS cites numerous factors leading to driver errors, including inexperience, drug or alcohol use, distraction, and drowsiness. For example:

• Driver fatigue was a factor in 13 percent of crashes.
• Driver distraction was a factor in 14 percent of crashes.
• A driver’s decision to make an illegal turn, lane change, or other movement was a factor in 9 percent of crashes.
• Exceeding the speed limit or traveling too fast for conditions contributed to 23 percent of crashes.

Lack of Training or Oversight

The 2023 LTCCS determined that driver inexperience or unfamiliarity with the roads was a factor in 22 percent of large truck accidents nationwide. A company’s failure to ensure its drivers or agents are adequately trained, supervised, and supported can lead to liability. When lack of training or oversight is a factor, families may consider seeking compensation from a trucking company.

Trucking companies may also contribute to accidents by pressuring their drivers to ignore safety regulations to maximize profits. Drivers who felt pressured by their employer to work faster or violate Hours of Service restrictions caused 10 percent of collisions.

Vehicle and Equipment Failures

Large trucks are complex machines containing many interdependent parts. Each component must work correctly and be free of hidden defects. Parts manufacturers, maintenance teams, and repair staff must use due care to ensure that the truck and its equipment are properly maintained and safe for use. If equipment or parts fail, a driver may lose control of the vehicle. The 2023 LTCCS determined that “brake issues” were a factor in 29 percent of U.S. truck accidents. “Tire problems” caused or contributed to 6 percent of truck accidents that year.

A large truck’s cargo must be loaded and secured safely. Cargo that shifts or falls during transport can cause a crash. Often, a driver may be unaware that improperly secured cargo has moved until it affects the truck’s balance and leads to loss of control. The FMCSA determined that in 2023, a vehicle cargo shift caused 4 percent of truck accidents nationwide.

Environmental Issues

Environmental issues causing truck accidents include slippery roads, low visibility, winter or storm conditions, problems with signs or roadway design, potholes, obstructions, and other roadway problems. In 2023, the FMCSA connected 20 percent of large truck crashes to issues with the road or environment.

Determining Causation in a Fatal Truck Crash

Many issues can also lead to a fatal truck crash, including other drivers’ behavior. In some cases, accidents are truly unavoidable. In many others, negligence or recklessness contributes to causing a collision. Often, more than one party may be legally liable. An experienced attorney can help you unravel a crash and determine who was at fault.

Understanding the Basics of a Troy Truck Crash Death Claim

Fatal truck accident claims in Michigan are governed by specific laws and legal procedures. These guidelines ensure uniformity in filing claims, substantiating facts, and seeking compensation. They include statutes of limitations (time limits) and restrict who is eligible to file wrongful death claims.

Every truck crash claim involves unique facts that may impact how these rules apply. To learn more about how your case will proceed, consult an experienced Troy truck accident attorney.

Wrongful Death Claim Basics

When someone is injured in a truck crash, they can file a personal injury claim. The claim allows them to seek compensation for their injuries. When injuries are fatal, however, the injured person is no longer alive to file a claim. Instead, the personal representative of the deceased person’s estate may file a wrongful death claim. The decedent may identify this individual in a will or estate plan, or the court may appoint them.

The personal representative must serve notice of a wrongful death claim on anyone entitled to compensation under Michigan’s wrongful death law. This group includes the deceased’s spouse, children, descendants, parents, grandparents, and siblings. If none of these people survived the deceased, notice must be served to anyone who can inherit the deceased’s estate under Michigan law.

Time Limits in Michigan Wrongful Death Claims

The “statute of limitations” restricts the amount of time you have to file a wrongful death claim after a fatal truck accident. If a claim is filed after the applicable period, the estate and surviving family members may lose their chance to hold negligent parties accountable or secure compensation through a lawsuit.

Most Michigan wrongful death claims must be filed within three years of the death or two years after the appointment of a personal representative. Because numerous exceptions may extend or shorten the applicable statute of limitations, you should contact an experienced truck accident attorney immediately. They can help you understand how the time limits apply in your case.

Compensation in a Michigan Wrongful Death Case

Damages in a wrongful death claim are awarded to compensate the decedent’s estate and surviving family for their losses connected to the truck crash death. Compensation may be available for multiple categories of losses.

• Economic damages. Common economic damages in a wrongful death case include medical bills, lost wages, and the costs to repair or replace damaged property. Auto repair bills are a typical example of property damage costs in a serious truck accident. In a wrongful death case, the costs of a funeral and burial for the deceased person are also a type of financial or economic loss.
• Non-economic damages. In a wrongful death case, this category may include the deceased person’s conscious pain and suffering before death. It may also include the surviving family members’ loss of care, companionship, and support from their deceased loved one.

After a truck crash, insurance may be available to reimburse family members for certain types of losses. However, navigating insurance can be challenging. Insurers may offer you a lowball settlement amount, refuse to cover your losses, or complicate the recovery process. An experienced attorney can manage the claims process and ensure you receive the full value of available insurance coverage.

Contact an Experienced Troy Fatal Truck Accident Attorney Today

A fatal truck accident turns your world upside-down. You may be carrying a heavy burden of grief and uncertainty. You may wonder how you will make ends meet and support your family while navigating a world without your loved one. You may want to hold someone accountable, but not know where to start.

If this sounds familiar, the Sommers Schwartz, P.C. team can help. Contact us today to schedule a no-cost, no-obligation consultation with an experienced Troy fatal truck accident attorney.