Rochester Hills Truck Accident Lawyer
Semi-trucks, big rigs, and other commercial vehicles weighing tens of thousands of pounds can wreak havoc when they cause accidents. These roadway behemoths can cause catastrophic harm, leaving victims with life-altering physical injuries and emotional trauma.
Sommers Schwartz, P.C. understands that truck accidents can cause devastating injuries and immense financial burdens. Our dedicated Rochester Hills personal injury team has a proven record of fighting for truck accident victims. We know the complexities involved with these cases and have the resources to pursue justice, compensation, and closure.
The Dangers of Large Trucks on the Roads
Sharing the road with trucks can be nerve-wracking. Although semi-trucks are essential for transporting goods and keeping our economy running smoothly, their size and weight create significant risks for other motorists. Statistics paint a grim picture: In 2023, 15,852 trucks and buses were involved in Michigan crashes, one hundred of which involved a fatality.
While unavoidable circumstances can cause crashes, several recurring themes emerge when examining the most common causes of Rochester Hills truck accidents.
Causes of Rochester Hills Truck Accidents
Driver negligence is one of the most common causes of truck accidents. Distractions from smartphones, eating while driving, or adjusting in-cabin controls can divert a driver’s focus from the road. Speeding to meet delivery deadlines and skimping on safety precautions can also lead to accidents. Alcohol and drug use contribute to other crashes.
Trucking companies must ensure drivers are appropriately licensed and trained to operate in severe weather conditions and on unfamiliar routes. Failing to do so may lead to third-party liability, making them legally responsible for an accident victim’s damages.
Fatigue is a constant battle for truckers due to long hours and demanding schedules. Federal and state laws regulate how many hours drivers can work in a day and how long they must rest between shifts. However, some trucking companies set overly ambitious deadlines and pressure drivers to meet them. If policies and practices like these contribute to causing an accident, you may be able to hold the employer responsible.
- Driver error. Like other drivers, truckers are obligated to drive safely and avoid collisions. However, professional drivers have a higher duty of care than casual motorists. Although anyone can make a mistake or judgment error, truckers are expected to use their knowledge, skills, and experience to protect other drivers.
- Blind spots. Motorists should be aware of “blind spots” or areas that aren’t visible to a truck’s driver. These include the areas beside and directly behind the trailer. These blind spots can cause accidents when drivers change lanes or merge into traffic.
- Improperly loaded cargo. Trucks must be loaded carefully and securely to prevent them from becoming unbalanced. Improper loading can cause the trailer to tip over or the driver to lose control. Overweight vehicles are also dangerous because they are more difficult to stop and control.
- Poorly maintained vehicles. Trucks require many types of regular maintenance to ensure they are safe to drive. Drivers and owners must keep detailed logs of maintenance and safety checks. Neglected brakes, worn-out tires, and other malfunctioning critical components all increase a truck’s accident risk.
- Equipment malfunctions. Although poor maintenance causes some equipment malfunctions, other failures are due to faulty parts. If defective parts from the truck manufacturer contribute to an accident, it may be possible to sue the manufacturer or distributor.
- Unfamiliar roads and harsh weather conditions. Truck drivers navigating unfamiliar roads can struggle to maneuver their vehicles safely. Severe weather conditions, including high winds, fog, heavy rain, hail, snow, and ice, can significantly affect a driver’s ability to control their rig.
Types of Truck Accident Injuries
Truck accidents often cause serious injuries. These vary greatly depending on the nature of the collision, the speed involved, and the point of impact. The velocity of speeding trucks tends to create a higher risk for catastrophic injuries than car-on-car accidents. Common types of injuries include:
- Soft tissue injuries. Whiplash, muscle strains, and sprains occur in many vehicle accidents and may take weeks or months to heal completely.
- Broken bones. The intense impact of a truck accident frequently causes fractures ranging from minor to complex, often requiring surgery and extensive rehabilitation.
- Internal injuries. Some of the most severe potential consequences may not be immediately apparent. Injuries to internal organs can be life-threatening if not promptly diagnosed and treated.
- Spinal cord injuries. The delicate spinal cord is highly vulnerable. Spinal nerve damage can cause paralysis, loss of motor control, and other serious physical impairment.
- Traumatic brain injury (TBI). The shaking and jolting during a collision can cause TBIs, including hemorrhages (bleeding) and concussions. Injuries to the brain can cause long-term cognitive and behavioral issues in addition to physical disabilities.
- Amputations. Truck accidents can amputate limbs or necessitate later surgical amputation.
In addition to physical injuries, survivors of truck accidents often experience emotional trauma. They may suffer from anxiety, depression, panic attacks, post-traumatic stress disorder (PTSD), and other psychological problems that require professional treatment and disrupt their lives.
Damages Recoverable in a Rochester Hills Truck Accident Case
After a truck accident, putting your life back together can seem overwhelming. Recovering from your injuries and emotional trauma is often hampered by a growing pile of medical bills. You may feel lost and hopeless, especially if you cannot work or independently perform other life activities.
If you’ve been in a truck accident, you do not have to navigate the journey alone.
The Rochester Hills personal injury attorneys at Sommers Schwartz, P.C. can help. Our experienced team will handle the legal process. We will help you understand your options for recovering compensation and rebuilding your life.
There are many types of damages that you may recover in a personal injury lawsuit for a truck accident. These include:
- Medical expenses. You may be able to recover compensation for medical costs associated with your accident-related injuries, including hospital bills, surgery, rehabilitation, prescription costs, and assistive devices, as well as anticipated future medical expenses.
- Lost wages. If you cannot work due to your truck accident injuries, you can recover compensation for lost wages and benefits. If your injuries impact your ability to work in the future, this may also be compensable.
- Pain and suffering. Although it’s impossible to fully compensate you for the emotional trauma and pain you’ve suffered, a lawsuit can also allow you to recover “non-economic” damages like pain and suffering.
- Property damage. You may recover compensation for damage to or the total loss of your vehicle and any other personal property damaged in the accident.
Although Michigan law sets limits (or “caps”) on some types of damages, these usually don’t apply to truck accident cases. Juries generally have the discretion to award unlimited compensation for truck accident-related losses. Having an experienced Rochester Hills truck accident lawyer representing you is crucial to presenting a strong case reflecting the full impact of your injuries.
Truck Accident Liability
Several parties may be liable for your injuries in a Rochester Hills truck accident, depending on the specific cause of the accident. For example, a truck driver may have caused a collision due to drowsy driving. However, their employer may also share liability for making the driver work extra hours, violating trucking laws. Liable parties may include:
- Truck driver. The truck driver is often the first person at fault in a truck accident. Distracted driving, driving too fast for the conditions, driving under the influence, and other negligent actions can directly cause accidents.
- Trucking company. A driver’s employer may also be liable for failing to maintain the truck properly, violating safety regulations, or hiring a driver with a poor driving record.
- Cargo loading company. Improperly loading or securing cargo on a semi-truck can cause a truck driver to lose control of the vehicle easily and increase the risk of an accident.
- Parts manufacturer. In some cases, a defective truck part, such as brakes or steering components, can cause an accident. The manufacturer of the defective part may be legally liable for your injuries.
Modified Comparative Fault
If you are partially responsible for an accident, you can still recover from other responsible parties if your degree of fault is less than 51 percent. This system is called “modified comparative negligence.”
Your percentage of fault will reduce any compensation you receive for your injuries. For example, if a jury determines you are 20 percent at fault for the collision and your total damages are $100,000, you would receive $80,000 in compensation.
How Sommers Schwartz Can Help
Truck accident cases can be complex and challenging to pursue. Determining liability can involve thoroughly investigating driver qualifications, trucking company practices, and federal safety regulations. An experienced Rochester Hills truck accident lawyer will investigate your crash to identify all potentially liable parties and collect evidence to support your claim, such as police reports, accident scene photos, witness statements, and medical records.
At Sommers Schwartz, P.C., we are committed to helping truck accident victims recover the compensation they deserve. Our experienced attorneys will negotiate with insurance companies for a fair settlement offer. We will take your case to trial if necessary to fight for maximum damages for your truck accident injuries and support you every step of the way.
Contact a Rochester Hills Truck Accident Lawyer Today
If you or a loved one has been injured in a Rochester Hills truck accident, contact Sommers Schwartz, P.C. today. Our personal injury attorneys have been helping accident victims in Rochester Hills and throughout Michigan for over 40 years. Let us put our experience to work for you.
Sommers Schwartz, P.C. handles all truck accident cases on a contingency basis, so you will not owe us any fees unless we recover compensation for you. Contact us today to schedule your free consultation.
We fight hard. And we win.
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