Commercial Truck Accident Lawsuits

A collision with a commercial truck is not like any other crash. When an 80,000-pound semi-trailer meets a passenger vehicle, the results are catastrophic, shattered bones, traumatic brain injuries, spinal damage, and far too often, death. The physical destruction is immediate. What follows can last a lifetime: surgeries, rehabilitation, lost income, and a grief that doesn't have a timeline.

Michigan is one of the most active commercial trucking corridors in the country. Interstate 75, I-94, I-96, and the Lodge Freeway carry tens of thousands of commercial vehicles through Metro Detroit and across the state every single day. Trucking is essential to Michigan's economy, but when carriers cut corners, push drivers past their limits, or neglect vehicle maintenance, everyday drivers pay the price. At Marko Law, we have spent years building the knowledge, resources, and courtroom record to take on the trucking industry and win. If you have been hurt, you need to know your rights, and you need to act before critical evidence is gone.

Federal Regulations That Govern Commercial Trucking

The FMCSA

The Federal Motor Carrier Safety Administration is the federal agency responsible for regulating commercial trucking in the United States. FMCSA rules cover nearly every aspect of commercial trucking operations, from how many hours a driver can work in a day to how cargo must be secured on a flatbed.

Hours of Service Rules

Federal hours of service (HOS) regulations limit how long commercial drivers can operate a vehicle before they are required to rest. Key rules include:

• A maximum of 11 hours of driving after 10 consecutive hours off duty
• No driving beyond the 14th consecutive hour after coming on duty
• A mandatory 30-minute rest break after 8 hours of driving
• Weekly limits on total driving hours

CDL Requirements and Drug Testing

Commercial drivers are required to hold a valid Commercial Driver's License (CDL) appropriate for the vehicle they operate. Federal law also mandates pre-employment drug testing, random drug and alcohol testing throughout employment, and post-accident testing following serious crashes.

Vehicle Inspection and Maintenance Standards

FMCSA regulations require trucking companies to conduct regular inspections and maintain detailed maintenance records for every vehicle in their fleet. Drivers are required to complete pre-trip and post-trip inspection reports. When those records show neglected repairs, or when records are falsified, it becomes evidence of systemic negligence.

The FMCSA Safety Measurement System (SMS)

The FMCSA Safety Measurement System is a data-driven tool that measures trucking company safety performance across several categories, including unsafe driving, hours of service compliance, vehicle maintenance, and controlled substances. High SMS scores signal a pattern of safety violations. 

Who Can Be Held Liable in a Commercial Truck Accident Lawsuit?

The Truck Driver

The driver who caused the crash may be personally liable for negligent behavior, speeding, fatigue, distraction, impairment, or reckless driving. However, in many cases the driver is not the only responsible party, and may not even be the most financially accountable one.

The Trucking Company

Trucking companies can be held liable in multiple ways:

• Vicarious liability for their employees' negligent driving
• Negligent hiring if they failed to properly vet a driver with a dangerous history
• Negligent supervision or retention if they kept a driver on the road despite known problems
• Negligent maintenance if vehicle defects caused or contributed to the crash
• Hours of service violations if company pressure caused the driver to exceed legal driving limits

The Cargo Loading Company

If improperly secured or overloaded cargo contributed to the crash, the company responsible for loading the truck may share liability, even if it had no direct relationship with the driver or carrier.

Vehicle and Parts Manufacturers

When a mechanical failure caused or worsened the crash, defective brakes, a faulty tire, a failed steering component, the manufacturer of that part may be liable under product liability law.

Maintenance and Repair Contractors

Third-party shops that performed negligent repairs or failed to identify dangerous conditions during inspections may be liable for crashes that result from those failures.

Freight Brokers

In some cases, freight brokers who hired an unsafe or unqualified carrier can share liability for crashes that carrier causes.

Government Entities

If dangerous road design, inadequate signage, or poor road maintenance contributed to the crash, a government entity may share liability, though pursuing claims against government bodies involves specific procedural rules and deadlines.

What Compensation May Be Available in a Michigan Truck Accident Lawsuit

Economic Damages

• Past and future medical expenses, including surgery, hospitalization, rehabilitation, and ongoing care
• Lost wages from time missed at work during recovery
• Lost earning capacity if the victim can no longer work in the same capacity or at all
• Property damage to the vehicle and personal belongings
• Out-of-pocket costs related to the injury, including transportation to medical appointments and home modifications

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (the impact on a spousal or family relationship)
• Disfigurement and permanent scarring

Wrongful Death Damages

When a truck accident results in death, surviving family members may be able to pursue:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship, guidance, and parental relationship
• The conscious pain and suffering experienced by the deceased before death

Punitive Damages

In cases involving especially egregious conduct, such as a company that knowingly put a dangerously fatigued driver on the road or concealed safety violations, courts may award punitive damages designed to punish the defendant and deter similar conduct.

Michigan No-Fault Law and How It Affects Truck Accident Claims

Personal Injury Protection (PIP) Benefits

Under Michigan's no-fault law, your PIP coverage pays for:

• Medical expenses related to the crash (potentially unlimited, depending on your elected PIP level)
• A portion of lost wages (up to three years)
• Replacement services (such as household tasks you can no longer perform)

When You Can Step Outside No-Fault

Michigan law allows injured people to sue the at-fault party for additional damages when the injury meets a threshold of "serious impairment of body function." For most victims of serious truck accidents, this threshold is met. When it is, a third-party negligence lawsuit against the truck driver, trucking company, and other liable parties becomes available.

The Truck Accident Evidence You Need, and Why It Disappears Fast

Critical Evidence in Truck Accident Cases

• Electronic Logging Device (ELD) data, which records the driver's hours and can reveal hours of service violations
• Black box (ECM) data, which captures vehicle speed, braking, and other data in the moments before the crash
• GPS and fleet tracking records, showing the truck's route and speed history
• Driver logs, both electronic and paper, and any discrepancies between them
• Trucking company inspection and maintenance records
• Drug and alcohol test results from post-accident testing
• Dashcam and roadside surveillance footage, which may overwrite automatically
• Cargo loading documentation
• The driver's employment history, including prior violations and disciplinary records
• FMCSA violation history and SMS data for the carrier
• Witness statements, taken as close to the crash as possible while memories are fresh
• Accident reconstruction analysis, conducted by experts who can establish causation

Spoliation of Evidence

Trucking companies and their insurers are experienced at protecting themselves after a crash. Evidence can be lost, overwritten, or destroyed, sometimes by accident, sometimes not. A preservation letter sent by an attorney immediately after a crash puts the trucking company and its insurer on legal notice that evidence must be retained. Failure to preserve evidence after receiving such notice can have serious legal consequences for the defendant.

The Road to Justice Starts Here

Justice in a truck accident case is not just about a dollar amount. It is about holding accountable the driver who should have been rested, the company that overloaded the schedule, the carrier that deferred maintenance one too many times, and the insurer that hoped you would take a fraction of what you are owed. Accountability is what changes behavior. It is what makes the roads safer. And it is what you deserve when someone else's negligence has cost you this much.

At Marko Law, we have spent years building a firm capable of taking on these cases at the highest level. We know the regulations. We know how trucking companies defend themselves. We know what it takes to win at trial, and we have done it, consistently, in cases that other firms would have settled short. If you have been seriously injured in a commercial truck accident in Michigan, we want to hear from you.

Get a Free Case Evaluation From Marko Law. No Fees Unless We Win.

If you or someone you love has been seriously injured in a commercial truck accident in Michigan, you may have the right to pursue compensation well beyond what the insurance company is offering. The time to act is now. Evidence has a short window. Deadlines are real. And every day without legal representation is a day the other side uses to protect itself.

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