Who Can Be Held Responsible for a Truck Accident in Michigan?

A collision involving a commercial truck can cause devastating injuries and significant financial losses. Unlike many passenger-vehicle accidents, however, determining responsibility may involve more than simply identifying which driver caused the crash.



Depending on what happened, a truck driver, trucking company, maintenance provider, cargo-loading company, manufacturer, or another party could potentially share responsibility. Identifying every party whose negligence contributed to the collision can be an important part of pursuing compensation after a serious Michigan truck accident.

The Truck Driver

The commercial driver is often one of the first parties investigated after a truck accident.

A driver may potentially be responsible when negligent behavior contributes to a collision, including:

• Speeding
• Distracted driving
• Following too closely
• Unsafe lane changes
• Driving while impaired
• Driving while fatigued
• Failing to adjust to road or weather conditions
• Violating applicable safety regulations

Commercial drivers are also subject to federal hours-of-service regulations designed to limit driving and on-duty time and provide required periods of rest.

Driver logs and other records may therefore become important evidence when fatigue is suspected.

The Trucking Company

In some cases, responsibility may extend beyond the individual behind the wheel.

The motor carrier or trucking company may face liability depending on its relationship with the driver and its own conduct surrounding the accident. Issues that may require investigation include whether the company properly hired and trained its drivers, appropriately supervised operations, maintained its vehicles, and complied with applicable safety requirements.

For example, evidence that a company allowed an unsafe or unqualified driver to operate a commercial vehicle could raise additional liability questions.

Determining the trucking company's role is particularly important because the circumstances of each commercial transportation arrangement can be different.

A Maintenance or Repair Company

Commercial trucks travel significant distances and require regular inspection and maintenance.

When a crash results from mechanical problems such as defective brakes, worn tires, steering problems, or other equipment failures, investigators may need to determine whether the truck was properly maintained.

If an outside maintenance or repair company negligently performed work that contributed to the crash, that company could potentially bear responsibility as well.

Maintenance records, inspection reports, repair invoices, and vehicle data can help determine whether a mechanical problem existed before the collision.

Cargo Loaders and Other Cargo-Related Parties

Improperly loaded or secured cargo can make a large commercial vehicle difficult to control.

Cargo that shifts during transportation may affect the truck's balance, while unsecured cargo can fall from a vehicle and create a serious roadway hazard.

Federal regulations contain specific cargo-securement requirements for commercial vehicles operating in interstate commerce, including requirements intended to prevent cargo from shifting or falling from a vehicle.

Depending on who was responsible for loading and securing the cargo, a shipper, loader, warehouse, carrier, or another company involved in the transportation process could potentially become part of the investigation.

The Truck or Parts Manufacturer

Sometimes the cause of a collision is connected to the truck itself rather than—or in addition to—driver behavior.

A defective component could potentially contribute to a crash, including problems involving:

• Brakes
• Tires
• Steering components
• Coupling systems
• Lighting
• Other vehicle parts

When a defective truck or component contributes to an accident, the manufacturer or another company involved with that product could potentially face a product-liability claim.

Determining whether a defect played a role may require preserving the vehicle and examining its components before important evidence is lost.

Could More Than One Party Be Responsible?

Yes. This is one of the major differences between some commercial truck cases and ordinary car accident claims.

For example, an investigation might reveal that a driver was fatigued while the trucking company also failed to follow appropriate safety practices. In another case, improper cargo loading and driver negligence could both contribute to the collision.

Michigan law provides for allocating fault among parties whose conduct contributed to an injury. An injured person's damages can also be reduced based on their own percentage of comparative fault.

Because several parties may have contributed to the same accident, determining responsibility requires looking beyond what happened in the final moments before impact.

What Evidence Can Help Determine Who Was Responsible?

Truck accident investigations can involve evidence that may not be present in a typical car accident case.

Depending on the circumstances, important evidence may include:

• Police reports
• Photographs and videos
• Witness statements
• Electronic logging information
• Driver qualification and employment records
• Vehicle inspection and maintenance records
• Cargo and shipping documents
• Onboard electronic vehicle data
• Dashcam or surveillance footage
• Cellphone records
• Company safety policies

Some of this information may be controlled by the trucking company or another commercial entity.

Preserving evidence early can be particularly important because records may eventually be lost, overwritten, or disposed of in the ordinary course of business.

What Compensation May Be Available After a Michigan Truck Accident?

The compensation available depends on the circumstances, injuries, insurance coverage, and applicable Michigan law.

A truck accident case may potentially involve both Michigan No-Fault PIP benefits and a separate third-party claim against an at-fault party.

Depending on the case, compensation may address losses such as:

• Medical expenses
• Lost income
• Future medical needs
• Loss of earning capacity
• Pain and suffering when legally available
• Other accident-related damages

Serious truck accidents can cause traumatic brain injuries, spinal injuries, fractures, permanent disabilities, and other conditions that affect a person's life long after the collision itself.

Why Identifying Every Responsible Party Matters

If an investigation focuses only on the truck driver, it may overlook other conduct that contributed to the crash.

The trucking company's practices, vehicle maintenance, cargo loading, equipment condition, and other factors can all provide important information about why the collision occurred.

A thorough investigation can help determine who contributed to the accident, what insurance coverage may apply, and what avenues of compensation may be available.

How Can Gergely Law Offices, P.C. Help?

Gergely Law Offices, P.C. represents people injured in serious motor vehicle accidents throughout Michigan, including collisions involving semi-trucks, cars, and motorcycles.

The firm has represented injury victims since 1969 and works to investigate the circumstances of serious accidents and pursue available sources of compensation.

If you or a loved one has been injured in a truck accident, contact Gergely Law Offices, P.C. at 269-679-4263 to schedule a consultation. You pay no attorney fee unless the firm recovers compensation on your behalf.