Southfield Truck Accident Attorneys
Experienced Oakland County Personal Injury and Wrongful Death Lawyers Aggressively Representing Victims of Semi-Truck Accidents
As a Detroit suburb with more than 75,000 residents, Southfield has its fair share of truck traffic. One of the area’s largest highways, Interstate 696, bisects Southfield. Trucks use I-696, Telegraph Road (U.S. 24), and the Lodge Freeway (State Route 10) to transport goods throughout Southeast Michigan. With all these trucks on the road, accidents are inevitable. Due to the size of semi-trucks and many other modern commercial vehicles, accidents can be devastating.
At Sommers Schwartz P.C., our Southfield truck accident attorneys have represented accident victims for over 45 years. Our attorneys have decades of combined experience drawn on in every case we handle.
We are skilled, savvy negotiators who resolve most of our motor vehicle accident lawsuits outside the courtroom. However, we are experienced and persuasive litigators ready to take your case to trial rather than accept a less-than-fair settlement.
Michigan Truck Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), there were 115 fatal crashes involving large trucks in Michigan in 2022 (an increase of 2% from the previous year). The Michigan Office of Highway Safety Planning recorded over 2,750 additional injury crashes involving large trucks or buses.
Most truck accidents in Michigan occur on interstate highways, including I-94, I-75, and I-96. These long stretches of open roads are vital pathways for interstate truck travel, but they can harbor many hazards. Wildlife, weather, and weariness are just a few causes of Southfield truck accidents.
Causes of Southfield Truck Accidents
Many things contribute to truck accidents in Michigan. Some of the most common culprits include:
Driver Fatigue
Driver fatigue is the leading cause of truck accidents by a country mile. Although federal regulations limit the hours a truck driver can be on the road, some drivers or their employers bypass these regulations to meet tight delivery schedules. Lack of rest can severely impair a driver’s ability to judge situations and react promptly. Drowsiness can lead to slower reflexes, impaired judgment, and reduced concentration. Studies show that drowsy drivers and drunk drivers demonstrate similar impairment on the road, posing a significant hazard to other motorists.
Distracted Driving
Distracted driving is not unique to truck drivers, but the size and weight of commercial trucks make it especially dangerous. These vehicles have a far smaller margin of error than cars or small trucks. Overcorrecting a drift or swerving to avoid a collision can cause a semi-truck to overturn or jackknife.
Common distractions include texting, talking on the phone, using in-cab technologies, eating, or adjusting the radio. Even briefly taking one’s eyes off the road can cause a catastrophe.
Driving Under the Influence
Alcohol and drugs, including prescription medications, can significantly impair a driver’s competence. While stringent federal regulations prohibit this, drivers under the influence still cause many accidents.
Equipment Failure
Trucks require regular maintenance to ensure all parts, especially vital ones like brakes, tires, and lights, function correctly. Faulty equipment or delayed maintenance can lead to brake failures, tire blowouts, or other malfunctions, resulting in accidents. Although federal regulations require drivers and owners to perform regular maintenance and keep thorough records, delaying or deferring maintenance still occurs.
Improper Loading
The cargo inside a truck must be equally distributed and properly secured. Improper fastening of freight can allow cargo to shift, causing the vehicle to become unbalanced. An unbalanced load can make it difficult for the driver to maintain control, increasing the chances of a rollover accident.
Lack of Training
Driving a commercial truck requires many hours of specialized training and certification. Even if they complete the training required by law, inexperienced drivers may be unable to anticipate and handle challenging road conditions. Holding a trucking company responsible for an accident victim’s injuries may be possible if the company knowingly allowed an underqualified driver to operate their vehicle on the roads.
Speeding and Reckless Driving
Truck drivers may resort to speeding or driving too fast for road conditions if they are pressured to meet delivery deadlines. The momentum of such a large vehicle makes it more challenging to deftly maneuver or quickly stop, increasing the risk of accidents.
Weather Conditions
Trucks are especially susceptible to adverse weather conditions like rain, snow, ice, or high winds. Given their weight and size, trucks can easily jackknife or roll over when roads are slippery or in strong, gusty winds.
Blind Spots
Large trucks have expansive blind spots or “no-zones” where other vehicles are invisible to the truck driver. Accidents often occur when a trucker is unaware of a car, pedestrian, or cyclist in their blind spot and tries to change lanes or turn.
Inadequate Surveillance
A truck driver may fail to adequately check and assess the road environment for potential risks. Inadequate surveillance can lead to accidents at intersections, during lane changes, in construction zones, or when merging onto highways.
Road Conditions
Potholes, uneven lanes, sudden stops, and poorly marked roads can be especially challenging for truck drivers. State and municipal negligence in maintaining roads can lead to dangerous situations for all road users.
Construction to fix these conditions can also pose hazards, including reconfigured traffic patterns, obstacles and workers in the roadway, uneven surfaces, and construction vehicles.
Common Truck Accident Injuries
Given the size and weight of commercial trucks, accidents frequently cause severe and sometimes catastrophic injuries. Some of the most common injuries sustained in truck accidents are:
- Traumatic Brain Injuries (TBI). TBIs happen when a sudden and violent jolt to the head or penetration of the skull occurs. The effects of a TBI can range from mild concussions to severe cognitive and motor function impairments.
- Spinal Cord Injuries. Injuries caused by damage to the spinal cord or vertebrae are common and often result in lifelong limitations. Spinal cord injuries can lead to partial or complete paralysis, lifelong pain, and other neurological and sensory impairments.
- Broken or Fractured Bones. Due to the force of the impact in a truck accident, victims may suffer broken arms, legs, ribs, or other bones. Recovery may require surgeries, casts, and extensive physical therapy.
- Internal Injuries. The force of the collision in even a low-speed truck accident can cause internal bleeding or damage to organs. It is essential to get checked out by a doctor as soon as possible because internal injuries may not be immediately evident but can be life-threatening if not promptly treated.
- Whiplash. Whiplash is an umbrella term describing neck injuries caused by a rapid back-and-forth snapping motion. Symptoms include neck pain, stiffness, and headaches. Mild whiplash often improves on its own; persistent whiplash may be a sign of more severe injuries to the neck, back, or spine.
- Burns. Burns can occur when a vehicle catches fire after a collision or a person is exposed to caustic chemicals. They can be incredibly painful, and severe burns can be fatal. Victims may need skin grafting, which can leave permanent scars.
- Lacerations and Abrasions. Broken glass, metal fragments, and impacts with objects can cause deep cuts or surface scrapes. These can leave permanent scars and lead to infections.
- Amputations. Severe truck accidents can cause the loss of limbs either directly due to the accident or as a necessary medical procedure.
- Crush Injuries. Crush injuries occur when a body part compresses between two objects, such as between two vehicles or a vehicle and a stationary object. Common crush injuries include broken bones, nerve damage, and circulatory issues. If a crush-injured limb does not recover functionality, amputation can be necessary.
- Facial Injuries. Broken jaws, noses, dental injuries, or eye injuries often occur from impact with the dashboard, steering wheel, airbag, or windshield.
- Psychological Injuries. Apart from physical injuries, truck accident victims often suffer psychological traumas such as post-traumatic stress disorder (PTSD), anxiety, and depression. The mental scars can sometimes be as debilitating as the physical ones, requiring therapy and ongoing support.
The severity of injuries in truck accidents varies based on several factors, including the speed at impact, the size of the vehicles involved, the safety features of each vehicle, and the collision angle. Even if injuries seem minor, seeking immediate medical attention after a truck accident is always crucial.
It’s also a good idea to consult with an experienced Southfield truck accident lawyer as soon as possible. They can help you learn more about your rights and the process of pursuing a claim for compensation against the truck driver, trucking company, and any other potentially liable parties.
Pursuing a Truck Accident Lawsuit in Michigan
If you’re considering bringing a truck accident lawsuit in Michigan, there are several essential aspects to be aware of. Michigan’s laws and regulations, particularly its no-fault insurance system, can significantly affect how a truck accident claim will be handled.
Michigan’s No-Fault Insurance System
Michigan has a no-fault insurance system. Under this system, injured parties turn to their own auto insurance providers to cover certain expenses, like medical bills and lost wages, regardless of who’s at fault in an accident. It may not be possible for you to sue the driver or trucking company if your policy covers your damages.
However, Michigan’s no-fault system doesn’t always apply, especially in cases involving serious injury or death. Many trucking collisions involve severe injuries and fatalities. An experienced Michigan truck accident attorney can help you understand your options for pursuing compensation.
Third-Party Claims
While no-fault benefits cover certain costs, truck accident victims might still be able to pursue a third-party claim against the truck driver or trucking company for “pain and suffering” or “non-economic” damages. This type of suit may be possible if the injury meets a certain severity threshold (resulting in severe impairment, disfigurement, or death).
Establishing Fault
Even in a no-fault system, proving negligence can be crucial, especially if you are pursuing a third-party claim. Evidence like police reports, witness statements, photos of the accident scene, and expert testimony can be crucial. Time is of the essence. Gathering this evidence as soon as possible after the accident can be vital to the success of your case.
Statute of Limitations
You have limited time after an accident to file a lawsuit. Michigan has a three-year statute of limitations for personal injury claims or wrongful death. However, calculating whether a statute of limitations has expired or a claim falls under an exception can be complicated. Your circumstances may warrant an extension of time, or you may have claims with shorter time limits.
You shouldn’t wait to discuss your case with an experienced truck injury lawyer. Meeting with an attorney as soon as possible after an accident can help protect your claim and preserve your rights.
Potential Defendants
Potential defendants in a truck accident case can include the truck driver, the trucking company, the manufacturer of the truck or its components (if a defect played a role), maintenance personnel, and the owner of the truck’s cargo. A thorough investigation is often necessary to determine all potentially liable parties.
Federal Regulations
Federal law heavily regulates the trucking industry. Violations of these regulations, such as drivers exceeding the hours-of-service rules, can be evidence of negligence and result in liability. Trucking companies that knowingly ignore these regulations may also be liable.
Contact a Southfield Truck Accident Lawyer Today
Truck accident claims are complex, particularly in Michigan’s no-fault system. A personal injury attorney experienced in truck accidents can guide you through the recovery process. They will help gather evidence and manage your medical treatment. They will also negotiate with insurance companies on your behalf and pursue litigation if appropriate.
At Sommers Schwartz P.C., our experienced truck accident attorneys will review your case and position you for the best possible outcome. We often use alternative dispute resolution methods to negotiate an excellent settlement without the stress of a lawsuit. If these methods fail, we are ready to fight for your rights in court.
Contact the Southfield truck accident lawyers at Sommers Schwartz P.C. today to schedule a free, confidential consultation about your case.
We fight hard. And we win.
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