Truck accidents are more likely to involve serious injuries and damages due to the size of the truck and weight of the cargo. If you were injured in a truck accident in Michigan, you can file a claim with your insurer to recover no-fault first-party benefits, including Personal Injury Protection (PIP) benefits, regardless of who was at fault for the accident. These benefits may cover the following economic damages:
- Medical expenses
- Household replacement services
- Lost wages
However, these benefits may not be enough, particularly for accident victims that suffer more serious injuries. Under Michigan law, if the motorist suffers a ‘threshold injury’ in an accident, the motorist can file a third-party accident claim to recover non-economic damages such as pain and suffering. A threshold injury is:
- A permanent or serious disfigurement
- Serious bodily impairment
Filing a third-party negligence claim
Injured motorists have three years after the accident to file a third-party claim against the parties responsible for their accident. To prove negligence, the injured party will have to show:
- The defendants (truck driver, trucking company, etc.) owed a duty of care to the plaintiff (injured motorist).
- The defendants breached the duties owed to the plaintiff (e.g. failing to adhere to traffic laws, negligently entrusting a truck to an incompetent driver).
- The defendants’ negligence directly and proximately caused the collision and the plaintiff’s injuries and damages.
- The plaintiff suffered injuries and damages as a result of the motor vehicle accident.
The damages you are awarded after an accident can help you and your family recover after an accident. A personal injury attorney in your area can assist with every step of the legal process to give you the best chance at recovering the damages you need.