A crash with an 80,000-pound commercial truck is unlike anything most people ever experience. One moment you’re driving home, and the next—you hear metal shatter, feel your body whip forward, and watch a wall of steel tear across the road. The chaos is instant. The shock is overwhelming. The fear is real. Victims often describe the scene the same way: surreal, violent, and life-changing.

And in those first few moments, while you’re trying to regain control of your breathing and your thoughts, the trucking company is already moving. Unlike regular car crashes, truck crashes trigger rapid corporate response teams, insurance adjusters, and investigators whose job is simple: protect the trucking company and limit its responsibility.

Evidence fades fast—tire marks disappear, driver logs get “updated,” black box data can be overwritten, witnesses scatter, and the trucking company’s lawyers often start circling before you’ve even left the scene.

#1 The Truck Driver Was Distracted

Types of Distraction

Truck drivers operate some of the largest, heaviest vehicles on Michigan roads. When they take their eyes off the road—even for a second—the consequences can be catastrophic. Common forms of distraction include:

• Texting or scrolling on a phone
• Entering info into a dispatch device
• Programming GPS systems
• Eating or drinking behind the wheel
• Cognitive fatigue or zoning out from long hours

How to Prove Distraction in Court

At Marko Law, we know how to uncover the truth even when the driver won’t admit fault.

Key evidence includes:

• Phone records showing texting or calling at the time of the crash
• Dash-cam footage from the truck or surrounding vehicles
• Black box (ECM) data revealing sudden braking or delayed reactions
• Witness statements confirming swerving or inattentive driving
• Spoliation letters—formal legal notices requiring the trucking company to preserve all electronic and physical evidence before it can be “lost” or destroyed

#2 Hours-of-Service Violations (Driver Fatigue)

Why Fatigue Is Deadly

Truck driver fatigue is one of the most dangerous—and most common—causes of catastrophic crashes. The CDC reports that drowsy driving slows reaction time, reduces awareness, and increases the risk of accidents. The NIOSH also warns that long shifts, pressure to meet delivery deadlines, and sleep deprivation dramatically increase crash risk among commercial drivers.

Evidence Used in Litigation

Proving fatigue requires a deep investigation, and the right data can expose the truth:

• Electronic Logging Device (ELD) downloads showing hours-of-service violations
• Inspection reports documenting past violations or falsified logs
• Patterns in FMCSA’s Safety Measurement System (SMS) showing fatigue-related compliance issues
• Circumstantial evidence such as drifting between lanes, delayed braking, or inconsistent statements from the driver

#3 Speeding or Reckless Driving

Common Reckless Behaviors

Truck drivers are held to higher safety standards, and violating those standards can have deadly consequences. Signs of reckless driving include:

• Speeding
• Tailgating smaller vehicles
• Unsafe or abrupt lane changes
• Failing to slow down in Michigan construction or weather-hazard zones

How to Prove Speeding in Court

Speeding can be proven even without a ticket:

• ECM/black box data showing the truck’s speed at impact
• Crash reconstruction experts analyzing damage and stopping distance
• Skid marks and physical evidence from the roadway
• Telematics and onboard systems that track speed, braking, and steering inputs
• Safety violations listed under the FMCSA “Unsafe Driving” BASIC category—including speeding, reckless driving, and improper lane use, as documented in the federal SMS Methodology

#4 Poorly Maintained Truck or Trailer

A fully loaded semi-truck barreling down I-94 or M-10 depends on one thing: proper maintenance. When a trucking company cuts corners, people get hurt. Faulty brakes, worn tires, broken lights, and sloppy or overweight cargo can turn a manageable situation into a deadly collision.

Poor maintenance is more than negligence—it’s a violation of federal safety rules designed to protect everyone on the road. At 80,000 pounds, a truck with bad brakes or bald tires is a ticking time bomb.

Where Evidence Comes From

To uncover the truth, our team digs deep into every record and database available:

• FMCSA Inspection Records: Roadside inspections often reveal brake defects, tire problems, and lighting failures that should have been fixed long before a crash.
• SAFER Company Snapshot & SMS Records: Using federal systems like SAFER and the Safety Measurement System (SMS), we can pull a trucking company’s safety rating, crash history, violation history, and patterns of failed inspections. These documents show whether the company repeatedly ignored maintenance rules.
• Internal Maintenance Logs & Mechanic Reports: We demand internal repair logs, shop invoices, and pre-trip inspection sheets to determine whether the truck was safe—or dangerously neglected.
• Violation History: Prior brake violations or tire citations help prove a pattern of cutting corners, not a one-time oversight.

#5 Violations of Federal Trucking Regulations

FMCSA Regulations Matter

The Federal Motor Carrier Safety Administration (FMCSA) has strict rules meant to keep dangerous trucks off the road. These include:

• Weight limits
• Load securement requirements
• Driver alcohol and drug testing protocols
• Hours-of-service rules
• Mandatory vehicle inspections

Documentation That Proves Violations

Truck crash litigation is won by evidence, not assumptions. Here’s the proof we pursue:

• FMCSA Compliance Reports: These show whether the company followed federal safety rules—or routinely ignored them.
• Acute & Critical Violations (Appendix B): These are the most serious violations documented during investigations, and they can devastate a trucking company’s defense.
• SMS BASIC “Alerts”: If the company has been flagged for unsafe driving, bad maintenance, or fatigued driving, those alerts help show a pattern of dangerous behavior long before the crash.

#6 The Trucker Broke Michigan Traffic Laws

Michigan-Specific Examples

Even when federal trucking rules are followed, a truck driver can still be at fault for violating Michigan’s traffic laws. Common violations include:

• Running red lights
• Improper passing or unsafe lane changes
• Failing to yield the right-of-way
• Driving too fast for Michigan’s harsh weather conditions—especially snow, black ice, and heavy rain

Evidence That Proves State Law Violations

We gather every piece of evidence available to show exactly how the crash happened:

• Police reports detailing citations or officer observations
• Body-cam footage showing the aftermath and driver behavior
• Eyewitness statements from motorists, pedestrians, and first responders
• Video surveillance from nearby businesses, traffic cameras, and dash cams

#7 The Trucking Company Has a History of Safety Problems

Under the doctrine of respondeat superior, trucking companies are legally responsible for their drivers’ negligence. But often, the problem goes far beyond the driver—straight to the company’s culture, policies, and safety failures.

A company with a poor safety record is more likely to hire unqualified drivers, push unrealistic delivery schedules, or ignore basic maintenance.

How We Investigate Safety Histories

Marko Law digs deeper than surface-level facts. We build cases that expose unsafe companies by pulling:

• SAFER Reports: These provide safety ratings, prior crashes, and insurance information.
• SMS Violation Patterns: We look for red flags in categories like Hours-of-Service Compliance, Unsafe Driving, Vehicle Maintenance, and Controlled Substances/Alcohol.
• Past FMCSA Investigations: These often reveal long-standing violations, ignored warnings, or repeat offenders.
• Crash & Violation History: Patterns matter—and juries understand patterns.

What Patterns Show Fault

Certain trends practically scream negligence:

• Chronic speeding by multiple drivers
• Repeated brake or tire violations
• Multiple fatigue-related crashes
• High crash percentiles in SMS BASIC categories

Don’t Fight a Trucking Company Alone—Let Us Stand Up for You.

Truck crashes are rarely “accidents.” They are often the result of rule violations, driver negligence, or corporate indifference—companies choosing profits over people. Every one of the seven signs we’ve covered can reveal the truth: the crash was preventable, and the driver or company was at fault.

With the right investigation, these signs become powerful proof in court. But trucking companies move fast, and they fight hard to protect themselves. You need a legal team that fights harder.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com

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