Truck accidents can be tough experiences for all parties involved and when it comes to claiming for such accidents, it is a much more complex aspect of the law than a standard vehicle accident. With this in mind we are going to have a look into some of the most frequently asked questions regarding truck accidents and try to offer you some solutions to any queries which you may have surrounded this.
You may be asking yourself ‘what if I was at fault in a Michigan truck accident’ and wondering whether you are able to still claim. The only time that this would be the case is if the accident fell under the banner of split liability. In this kind of situation, it would have to be proven that there was shared culpability between you and the driver of the truck. If this cannot be proven then you will be considered as liable, and you will not be able to make a claim.
When it comes to deciding on how much compensation must be paid to the victim, the courts will look into two main factors. The calculation of compensation will come down to which area of the body was injured, and how severe the injury was. There are 5 levels of injury severity and medical professionals will assist the courts in identifying which category the victim’s injury falls under.
In the large majority of truck accident cases, it is the driver of the truck or the driver of the vehicle who is most commonly at fault. Fault could come down to speeding, dangerous driving or an impaired driver. In fewer cases we see that the fault is that of the trucking company which may have poorly maintained vehicles, or which has made mistakes in loading the truck, resulting in the injury.
In most cases where the driver is at fault, there is not a crime attached to this, as careless driving is not in itself a crime. With this being said however is a driver is impaired because of drugs or alcohol, or if they do not have a license, they can certainly be charged with a crime.
This is a common myth which we hear regarding these accidents, that if a truck has jackknifed it means there is no guilt. If the truck has found itself in this position because the driver was looking to avoid an accident, then there will be no liability there. If however this has been caused because of reckless driving, then there will certainly be a case to answer. There are no guarantees in this area of the law because of the fact that every case is different.
Any more questions you may have, don’t hesitate to mention them in the comments below and we will try and answer them for you.