A collision with a semi-truck, tractor-trailer, delivery truck, or other commercial vehicle can lead to a more complicated claim than an ordinary passenger-vehicle accident. In addition to the truck driver, a trucking company, vehicle owner, maintenance provider, cargo-related company, or another business may need to be investigated.
Commercial truck crashes can also involve evidence that most car accident cases do not, including electronic logging device records, driver qualification information, inspection and maintenance records, dispatch information, and data generated by the truck.
Knowing what to do after the crash can help protect your health and preserve information that may later become important.
This guide explains how the Michigan truck accident claim process generally works, from the moments after the collision through insurance claims, investigation, negotiations, and a potential lawsuit.
For broader information about commercial truck injury cases, visit our Michigan truck accident lawyer resource.
Legally reviewed by Attorney Koro E. Khamo
Founder & Managing Attorney at Khamo Law
Michigan Bar No. P80994
What Should I Do After a Semi-Truck Hits Me in Michigan?
If you have just been involved in a crash with a semi-truck in Michigan, your health and immediate safety come first.
When circumstances allow:
- Get to a safe location.
- Call 911 and report the crash.
- Request medical assistance if anyone may be injured.
- Photograph or record the scene if you can safely do so.
- Get identifying information for the truck, driver, and trucking company.
- Obtain contact information from witnesses.
- Seek appropriate medical evaluation.
- Preserve documents and other evidence related to the crash.
- Be cautious when communicating with insurance companies.
A truck accident investigation can begin almost immediately. The trucking company may learn about the collision shortly after it occurs, and some relevant evidence may be in the possession of the carrier or another company rather than the injured person.
That makes the period immediately following a serious commercial-vehicle crash particularly important.
Step 1: Report the Truck Accident
Call 911 after a serious truck accident when you are able to do so safely.
Law enforcement can respond to the scene, assist injured people, document information about the vehicles and drivers, and prepare a crash report.
A police report can contain useful information such as:
- Driver and vehicle information
- Insurance information
- Names of witnesses
- Road and weather conditions
- Statements made at the scene
- Diagrams or descriptions of the collision
- Citations issued by the investigating officer
A police report can be an important starting point, but it is not necessarily the only evidence used to determine who was responsible for a commercial truck collision.
Step 2: Seek Medical Attention
Truck crashes can cause significant injuries because of the size and weight differences between commercial trucks and passenger vehicles.
Depending on the collision, injuries may involve the:
- Brain
- Head and face
- Neck
- Back and spinal cord
- Shoulders
- Arms and hands
- Chest
- Abdomen
- Hips
- Legs and knees
Some symptoms may be immediately apparent. Others can develop or become more noticeable after the crash.
Seeking appropriate medical care is important for your health. Medical records can also document your symptoms, diagnoses, treatment, restrictions, and recovery following the collision.
Continue following the treatment recommendations of your medical providers and keep records related to your care.
Step 3: Document the Scene If You Can Safely Do So
The accident scene can change quickly.
Vehicles may be moved or towed. Debris can be cleared. Skid marks may disappear. Weather can change roadway conditions.
If your physical condition and the circumstances allow, photographs or video may help document:
- The truck
- The tractor and trailer
- Your vehicle
- Vehicle damage
- License plates
- USDOT or company identifying information displayed on the truck
- Roadway markings
- Traffic signs and signals
- Debris
- Tire marks
- The point of impact
- Nearby businesses or homes that may have cameras
- Weather and lighting conditions
- Cargo or material that left the truck
Do not place yourself in danger to obtain photographs.
Your medical needs and physical safety are more important than collecting evidence at the scene.
Step 4: Identify the Truck and Companies Involved
One reason truck accident claims can become complicated is that the name on the side of the truck may not tell the entire story.
Different companies may own, lease, operate, maintain, dispatch, or load the vehicle.
When possible, identify information such as:
- The driver’s name
- Driver’s license information
- Trucking company or motor carrier name
- Vehicle owner
- Tractor license plate
- Trailer license plate
- USDOT number
- Insurance information
- Shipping or company names visible on the truck
- Other identifying numbers or markings
These details can help determine which individuals, businesses, vehicles, and insurance policies may need to be investigated.
Step 5: Get Witness Information
Independent witnesses can provide valuable information about how a truck crash happened.
If possible, obtain each witness’s:
- Name
- Phone number
- Email address
A witness may have seen the truck before the collision, observed a traffic violation, watched the vehicles collide, or noticed something that the people directly involved did not see.
Witnesses can become more difficult to locate as time passes, so preserving their contact information can be useful.
Step 6: Preserve Evidence From the Trucking Company
This is one of the biggest differences between a commercial truck case and an ordinary car accident claim.
A trucking company or another business may possess records that could help explain what happened.
Depending on the truck, driver, carrier, and type of operation, potentially relevant evidence can include:
- Electronic logging device records
- Driver records of duty status
- Driver qualification records
- Dispatch information
- Bills of lading and shipping documents
- Inspection records
- Maintenance and repair records
- Post-crash inspection information
- Drug and alcohol testing information when applicable
- Driver training information
- Company safety policies
- GPS or fleet-management information
- Dashcam footage
- Electronic vehicle data
- Communications involving the driver or dispatcher
- Cargo-loading and securement records
Not every item exists or is relevant in every case.
However, federal regulations require motor carriers subject to the ELD rules to retain certain electronic records for specified periods. For example, FMCSA states that motor carriers generally must retain ELD records of duty status and supporting documents for six months.
Because some records have retention periods and electronic information can change over time, evidence preservation can become an important early issue after a serious truck crash.
Step 7: Determine Who May Be Responsible for the Crash
Truck accident liability is not always limited to the person driving the truck.
Depending on what caused the collision, potentially responsible parties may include:
The Truck Driver
A driver’s conduct may be relevant when a crash involves allegations such as speeding, distracted driving, unsafe lane changes, following too closely, fatigue, impairment, or failure to yield.
The Trucking Company or Motor Carrier
A motor carrier may need to be investigated in connection with the driver’s operation of the truck or the company’s own conduct involving matters such as hiring, training, supervision, maintenance, or safety practices.
The Vehicle Owner
The tractor or trailer may be owned by someone other than the company whose name appears most prominently on the truck.
Ownership and operational relationships can matter when determining potential liability.
A Maintenance Company
A third-party company may be responsible for inspecting or repairing a truck.
If brakes, tires, steering, lighting, or another mechanical issue contributed to the crash, maintenance records and responsibilities may need to be reviewed.
Cargo-Related Companies
Improperly loaded, overloaded, shifting, or unsecured cargo can contribute to certain commercial truck accidents.
The companies responsible for loading or securing cargo may therefore become part of the investigation.
A Manufacturer
A defective truck or component can raise additional product-liability questions.
Another Driver
Not every truck crash is caused entirely by the commercial driver. Another vehicle may also have contributed to the collision.
For a more detailed explanation, see our guide to who may be liable for a commercial truck accident in Michigan.
Step 8: Understand Michigan No-Fault Benefits
Michigan’s No-Fault insurance system can apply after a collision involving a commercial truck.
Personal Injury Protection benefits can include certain accident-related benefits, depending on the circumstances and applicable coverage.
Michigan drivers can have different levels of PIP medical coverage. Current Michigan law permits several coverage selections, including unlimited coverage and various limited options, while certain eligible individuals may select exclusions or opt out of PIP medical coverage.
Because of those differences, it is important to determine the actual insurance coverage that applies rather than assume every injured person has the same PIP benefits.
Michigan’s Department of Insurance and Financial Services provides information about PIP medical coverage options.
For additional information about disputed or unpaid No-Fault benefits, visit our Michigan No-Fault insurance lawyer resource.
Step 9: Identify All Available Insurance Coverage
A serious commercial truck crash may involve more than one insurance policy.
The investigation may include determining insurance coverage associated with:
- The injured person’s vehicle
- The commercial truck
- The motor carrier
- The tractor owner
- The trailer owner
- Other potentially responsible businesses
- Other vehicles involved in the crash
- Uninsured or underinsured motorist coverage when applicable
The existence of an insurance policy does not by itself establish that the insured party is legally responsible.
Liability and insurance coverage are related but separate questions that may both require investigation.
Step 10: Document Your Injuries and Losses
A truck accident claim is not only about establishing who caused the crash.
The effects of the collision also need to be documented.
Depending on the case, relevant records may include:
- Emergency medical records
- Hospital records
- Physician records
- Physical or occupational therapy records
- Prescription information
- Medical bills
- Diagnostic imaging
- Photographs of visible injuries
- Work restrictions
- Wage records
- Employment information
- Receipts for accident-related expenses
- Documentation of assistance needed at home
- Records relating to future treatment
Keep copies of important records and communications as the claim progresses.
Step 11: Be Careful With Insurance Company Communications
After a truck accident, you may hear from one or more insurance companies.
An insurer may request information about:
- How the accident happened
- Your injuries
- Prior medical treatment
- Your employment
- Medical records
- A recorded statement
- Authorizations to obtain records
Before providing a recorded statement or signing a broad authorization, understand which company is requesting it, whom that company represents, and what information is being requested.
Different insurers involved in the same accident may have different interests.
Step 12: Investigate Whether Trucking Safety Rules Are Relevant
Commercial trucking operations may be subject to federal and state safety requirements.
Depending on the type of carrier and operation, an investigation may involve rules concerning:
- Hours of service
- Electronic logging devices
- Driver qualifications
- Vehicle inspection
- Maintenance
- Cargo securement
- Drug and alcohol testing
- Commercial driver’s license requirements
- Other operational requirements
A regulatory violation does not automatically establish every element of a personal injury claim, but applicable safety rules and records may provide important context for determining how the crash occurred.
For more information, see our Michigan trucking laws and regulations guide.
Step 13: Evaluate Whether a Third-Party Injury Claim Is Available
Michigan No-Fault benefits and a claim against a person or company responsible for a crash are not the same thing.
Depending on the circumstances and injuries, a person injured in a truck accident may have potential claims involving the responsible driver, trucking company, vehicle owner, or another party.
Michigan law governs when noneconomic damages may be recovered after a motor-vehicle accident.
The particular claims available depend on the facts, injuries, insurance coverage, and applicable law.
What Compensation May Be Available After a Michigan Truck Accident?
The damages or benefits potentially available depend on the individual case.
Depending on the circumstances, a truck accident claim may involve issues such as:
- Medical expenses
- Wage loss
- Replacement services
- Future medical needs
- Loss of earning capacity
- Pain and suffering
- Disability
- Scarring or disfigurement
- Other legally recoverable losses
Different losses may be addressed through different insurance benefits or legal claims.
There is no standard truck accident settlement amount.
The value of a claim depends on factors such as the injuries, available evidence, insurance coverage, responsibility for the crash, medical needs, employment effects, and other circumstances.
How Long Do I Have to File a Truck Accident Lawsuit in Michigan?
Michigan law imposes deadlines on personal injury claims.
Michigan’s general statute governing actions for injury to a person provides a three-year limitations period for many personal injury actions. However, different claims, parties, benefits, or circumstances can involve different notice requirements or deadlines.
Insurance claims can also have deadlines that are separate from the deadline for filing a lawsuit.
For that reason, a person should not assume that having three years means every aspect of a truck accident claim can safely wait for three years.
Waiting can also make evidence more difficult to locate or preserve.
Do I Have to Sue the Trucking Company?
Not every truck accident claim results in a lawsuit.
A claim may begin with investigation, insurance claims, documentation of injuries, and negotiations.
If the parties cannot resolve the dispute, litigation may become necessary.
Whether a lawsuit should be filed depends on the circumstances of the individual case, including disputed liability, damages, available insurance coverage, and the positions taken by the parties and insurers.
How Is a Truck Accident Claim Different From a Car Accident Claim?
Both involve motor-vehicle collisions, but commercial truck cases can have additional layers.
A truck accident may involve:
- Multiple companies
- Commercial insurance policies
- Federal safety regulations
- Driver qualification records
- Hours-of-service records
- Electronic logging devices
- Commercial vehicle inspection records
- Maintenance records
- Cargo documentation
- Fleet-management data
- Larger and more complex vehicles
The driver may also be working for a company at the time of the collision.
These issues can make identifying the relevant parties and evidence more involved than in many ordinary two-car accidents.
What If the Truck Driver Says I Caused the Crash?
A driver’s statement at the scene does not determine legal responsibility by itself.
The accident should be evaluated using available evidence.
That evidence may include:
- Police reports
- Witness accounts
- Photographs
- Video
- Vehicle damage
- Electronic data
- Trucking-company records
- Roadway evidence
- Applicable traffic laws
- Expert analysis when appropriate
Michigan’s comparative-fault rules can also become relevant when responsibility is disputed or potentially shared.
What If I Was Partly Responsible for the Truck Accident?
Being accused of contributing to an accident does not necessarily mean there is no potential claim.
Michigan has comparative-fault rules that can affect damages when more than one party shares responsibility.
How those rules affect a particular case depends on the allocation of fault, the damages being sought, and the circumstances of the collision.
What If a Delivery Truck Hit Me?
Commercial vehicle claims are not limited to tractor-trailers.
Depending on the circumstances, similar issues can arise after collisions involving:
- Delivery trucks
- Box trucks
- Freight vehicles
- Commercial vans
- Construction trucks
- Dump trucks
- Utility vehicles
- Other vehicles being operated for a business
The exact regulations, insurance coverage, employment relationships, and available records can differ depending on the vehicle and operation.
What If the Truck Accident Happened on I-75?
Interstate truck crashes can involve high speeds, multiple vehicles, commercial carriers operating across state lines, and extensive physical or electronic evidence.
If your crash occurred on I-75, our Michigan I-75 auto accident resource provides additional information about accidents on this major Michigan corridor.
The location of the crash may also affect which law-enforcement agency investigated it and where a lawsuit could potentially be filed.
Frequently Asked Questions About Michigan Truck Accident Claims
What should I do immediately after a semi-truck hits me?
Get to a safe location if possible, call 911, seek appropriate medical attention, document the scene when it is safe to do so, obtain identifying information, preserve records, and avoid disposing of potentially important evidence.
How do I file a truck accident claim in Michigan?
The process can involve reporting the accident, obtaining medical care, identifying applicable No-Fault benefits and insurance coverage, investigating liability, preserving trucking-company evidence, documenting injuries and losses, and pursuing applicable insurance or legal claims.
Who pays my medical bills after a Michigan truck accident?
The answer depends on the applicable Michigan No-Fault coverage and the circumstances of the accident. PIP medical coverage levels can differ between policies, so the actual available coverage should be identified.
Can I sue the trucking company?
Potentially. Whether a trucking company may be legally responsible depends on the facts, the driver’s relationship with the company, the company’s own conduct, and applicable law. Other parties may also need to be investigated.
What evidence should be preserved after a truck crash?
Depending on the case, relevant evidence may include photographs, video, witness information, the vehicles, electronic logging records, electronic vehicle data, driver records, maintenance records, inspection information, dispatch records, cargo documentation, and medical records.
How long are trucking companies required to keep ELD records?
FMCSA states that motor carriers subject to the applicable ELD requirements generally must retain drivers’ ELD records of duty status and supporting documents for six months.
What if the trucking company repairs or gets rid of the truck?
The condition of the truck can be relevant evidence. In a serious case, preserving potentially relevant physical and electronic evidence can therefore be an important early consideration.
What if I don’t know which trucking company owns the truck?
Information from the police report, photographs, license plates, USDOT number, vehicle registration, insurance information, and other records may help identify the companies associated with the vehicle.
Should I give the trucking company’s insurance company a recorded statement?
Understand who is requesting the statement, whom the insurer represents, and what is being requested before agreeing to a recorded statement.
How much is my Michigan truck accident claim worth?
There is no standard amount. Claim value depends on the injuries, medical treatment, future needs, lost income, available insurance, evidence, fault, and other circumstances.
Do all truck accident claims go to court?
No. Some claims resolve without a lawsuit. Others require litigation when responsibility, damages, insurance coverage, or another material issue remains disputed.
Is there a deadline for filing a Michigan truck accident lawsuit?
Michigan law generally provides a three-year limitations period for many personal injury actions, but other claims and insurance benefits can have different deadlines or notice requirements.
Michigan Truck Accident Resources
For additional information about issues that may arise during a commercial truck claim, see:
- Michigan Truck Accident Lawyer
- Who Is Liable in a Commercial Truck Accident in Michigan?
- Michigan Trucking Laws and Regulations
- Michigan No-Fault Insurance Lawyer
- Michigan I-75 Auto Accidents
Talk With Khamo Law About a Michigan Truck Accident Claim
A commercial truck accident claim can involve several different questions at once: what caused the collision, which individuals or companies may be responsible, what insurance applies, what evidence exists, and how the crash has affected the injured person.
Khamo Law can investigate the circumstances of a commercial truck collision, identify potentially responsible parties and available insurance coverage, preserve relevant evidence, and explain the legal options supported by the facts and Michigan law.
Call 248-466-0606 or contact Khamo Law online for a free consultation.