Dearborn Fatal Truck Accident Lawyer

Large trucks account for approximately less than 5% of all registered vehicles in the country and only 8% of the total miles driven. However, these vehicles are disproportionately involved in passenger vehicle deaths compared with other types of motor vehicles. In Michigan, Wayne County leads the state with the highest rates of total crashes, fatal crashes, injury crashes, and property damage crashes.

Truck accidents are often preventable and stem from the negligence of one or more parties. In these cases, truck accident victims or their loved ones may seek compensation from the at-fault party. However, securing compensation is often challenging and requires the skills and experience of a reputable truck accident lawyer. The Dearborn, Michigan, truck accident lawyers at Sommers Schwartz have extensive experience successfully handling complex fatal accident cases.

Dearborn Michigan Truck Accident Statistics

Commercial trucks are vehicles used for transporting commercial goods or passengers. Some common examples of commercial trucks include the following:

• Semi-trucks.
• Tractor-trailers.
• 18-wheelers.
• Commercial buses.
• Big-rigs.
• Delivery vehicles.
• Dump trucks.

The safety risk these large trucks pose to road users is a growing concern. The fatal commercial and large truck crash rate is an essential issue for the trucking industry.

The Traffic Crash Reporting Unit (TCRU) of the Michigan State Police compiles statewide traffic crash data, including details related to truck accidents. The most recent annual report, from 2023, reveals that:

• There were 287,953 total crashes.
• Fatalities decreased by two percent from the prior reporting year.
• Injury crashes increased by one percent to 70,281.
• The majority of traffic accidents occurred in October and November.
• August had the highest rate of fatal crashes, with 113 reported incidents.
• Most traffic accidents occurred between 3 p.m. and 5:59 p.m.
• Trucks or buses were involved in 15,852 total traffic crashes.

Specifically, data indicates the following vehicle configurations involved in Michigan truck accidents:

• Light trucks (20).
• Bus, 9-15 passengers (327).
• Bus, 16+ passengers (1,466).
• Single-Unit 2 Axles (4,695).
• Single-Unit 3+ Axles (1,515).
• Truck/Trailer (1,461).
• Truck Tractor (197).
• Tractor/Semi-Trailer (5,201).
• Tractor/Doubles (459).
• Unknown Heavy Trucks (505).

Moreover, the vehicle configurations involved in fatal truck accidents in Michigan include the following:

• Bus, 9-15 passengers (1).
• Bus, 16+ passengers (9).
• Single-Unit 2 Axles (22).
• Single-Unit 3+ Axles (7).
• Truck/Trailer (4).
• Truck Tractor (Bobtail) (2).
• Tractor/Semi-Trailer (51).
• Tractor/Doubles (4).

These statistics highlight the escalating public safety concerns related to large vehicles serving the freight economy in Michigan. The fatal Michigan truck accident rate significantly impacts the transportation industry’s reliability and economic growth. As such, many trucking companies are going to great lengths to protect their bottom lines. One aspect of this protection involves vigorously defending against negligence and wrongful death claims. Truck accident victims need to consult with an attorney to secure the compensation they deserve.

Types of Fatal Truck Accidents

Heavy truck and bus accidents differ from other vehicles in many ways, most of which reflect the size and use of these large commercial vehicles. Accidents involving large trucks and buses often involve the following:

• Collision with a vehicle in transport.
• Collision with a fixed object.
• Collision with a pedestrian.
• Overturn (rollover).
• Collision with a pedal cycle or other personal conveyance.
• Collision with a parked motor vehicle.
• Collision with a train.
• Collision with another object.
• Collision with an animal.
• Explosion/fire.
• Jackknife.
• Pavement surface irregularity.
• Cargo equipment loss or shift.

The size and weight of commercial vehicles and trucks often mean that these accidents cause more severe injuries, property damage, and fatalities than other vehicle collisions.

Common Causes of Fatal Truck Accidents

Large truck accidents are often complex events involving two or more vehicles. Many factors that contribute to a Dearborn fatal truck accident occur hours, days, or months before the collision itself. Factors that contribute to causing fatal truck accidents include:

• Inadequate driver training and lack of experience.
• Defective vehicle design and manufacturing issues.
• Poor roadway conditions.
• Dangerous traffic signaling and signage.
• Weather conditions.

Fatigue, impairment, and speeding are significant factors in many fatal truck accidents. Data from the Federal Motor Carrier Safety Administration (FMCSA) shows the three common types of “critical events” that cause large truck accidents are:

• Veering out of the travel lane.
• Loss of vehicle control because of speeding, cargo shift, vehicle systems failure, or poor road conditions.
• Rear-ending another vehicle.

While these factors do not always result in accidents, they can increase the likelihood of a fatal accident.

Wrongful Death Claim for Truck Accident

Under Michigan Compiled Laws § 600.2922, family members of a person who died in a truck accident caused by another’s negligence may pursue compensation under the state’s wrongful death statute. Generally, these claims must be filed by the decedent’s personal representative on behalf of eligible family members. The court may award compensation to the decedent’s surviving spouse, children, parents, grandparents, or any individual named as a devisee under the decedent’s will.

Liability for Fatal Truck Accident

Liability after a fatal truck accident largely depends on the occurrence’s unique facts and circumstances and the applicable state and federal rules. Truck accidents are fundamentally more complex than typical motor vehicle accidents. These cases often involve interplay between state personal injury and wrongful death laws, federal trucking regulations, and insurance laws.

For example, the federal government regulates truck-driver conduct with required rests and time traveled per day. However, states are primarily responsible for truck traffic safety policies, including commercial driver’s license guidelines, speed limits, seat-belt requirements, impaired driving laws, and insurance requirements.

After a fatal truck accident, the parties bringing a lawsuit bear the burden of establishing fault and damages. The first step to this burden is establishing the liable party. Liable parties in a fatal truck accident lawsuit may include:

• Truck driver. The driver may be responsible if the accident resulted from impairment, speeding, or other negligence.
• Trucking company. A company or truck driver employer may be liable for negligent hiring, training, or supervision. Further, a trucking company may be legally responsible if they falsify travel logs or require their drivers to ignore time and rest restrictions.
• Truck owner. A truck owner may be liable for failing to maintain their vehicle in proper working order.
• Truck manufacturer. A manufacturer may be liable for an accident if the accident resulted from a defect or fault with the truck’s design or manufacture.
• Cargo loading company. A cargo loading company may be responsible if they fail to load items securely and safely.

In some cases, more than one party may be liable for the accident. Determining responsibility for paying damages and collecting compensation can be confusing and complicated. An experienced truck accident attorney can help you sort out the responsible parties and recover the compensation you deserve.

Types of Compensation for Dearborn Truck Accidents

In a successful Michigan wrongful death case for a truck accident claim, the damages eligible family members may be entitled to may include:

• Hospital, medical, funeral, and burial expenses.
• Pain and suffering the decedent experienced.
• Loss of financial support the decedent would have contributed.
• Loss of the decedent’s comfort, companionship, and support.

Although the law permits both economic and non-economic damages, Michigan’s no-fault insurance system and modified comparative fault laws might impact how much money you can recover after a fatal truck accident.

No-Fault Insurance and Fatal Truck Accidents

Michigan follows the no-fault insurance system. Under this system, anyone involved in a truck accident must file a claim with their insurance company, regardless of who was responsible for the accident. However, certain situations allow a person to file a lawsuit rather than solely relying on insurance benefits. Fatal truck accidents often qualify for such an exception if the victim was less than 51% at fault for the accident.

It is important to note that Michigan wrongful death claims have a three-year statute of limitations, which begins to run on the date of the victim’s death.

Have You Lost a Loved One in a Dearborn Truck Accident?

If you have lost a loved one in a fatal truck accident, nothing can take away the pain you’re experiencing. However, you may be able to ease your financial burden by pursuing a Michigan wrongful death claim against the at-fault party.

At the Dearborn trucking accident law firm of Sommers Schwartz, P.C., our dedicated attorneys have decades of combined experience vigorously representing grieving families and helping them recover meaningful compensation for their loss. We offer free consultations, and because we accept wrongful death cases on a contingency basis, we will never collect a fee for our services unless we can recover compensation on your behalf. Contact us today to learn more and schedule a no-obligation consultation.