What should you do after a semi-truck accident in Michigan?
If you were involved in a semi-truck crash in Michigan, call 911 to report the crash and get any medical care you may need.
After ensuring your personal safety, document the scene and the condition of your vehicle and the truck involved, preserve all insurance and medical records and avoid giving recorded statements or signing any releases before a claim can be reviewed.
Collecting evidence is an important step in any crash, especially if you've been injured. The goal is to protect your health and preserve related evidence and paperwork until a Michigan Legal Center attorney can review what happened and identify your next steps.
What should you do first at the scene of a semi-truck crash?
Start with safety and medical care.
- move out of the way of traffic if you can do so safely
- call 911 and request police and medical help
- tell responders where you are, how many vehicles are involved and whether anyone appears injured
- get medical care at the scene, at an emergency room, at urgent care or with your doctor as soon as you can
- ask for the police report number or the responding agency's name
Reporting the crash is an important step after a Michigan crash and may be legally required under Michigan law MCL 257.622 for crashes involving injury, death or $1,000 or more in apparent property damage.
Give necessary facts to police and medical providers. Avoid guessing about speed, distance, fault, long-term injuries or what the truck driver was doing unless you actually observed it.
What truck information and records should you document?
Only document the scene if it is safe to do so. Do not place yourself in or near moving traffic or a crash that is still dangerous. If you are hurt, focus on medical care and let someone else gather information if possible.
Useful truck and scene information may include:
- company name, carrier name and any Department of Transportation number visible on the cab
- tractor plate, trailer plate, trailer number and company markings
- photos of all vehicles, damage, debris, skid marks, gouge marks, road conditions, weather, traffic lights, signs and lane layout
- photos of visible injuries and vehicle interiors if relevant
- witness names, phone numbers and messages
- the police report number, officer name and agency
- nearby business cameras, traffic cameras, doorbell cameras, dashcams or work zone cameras
- tow yard, repair shop and total loss paperwork
Do not assume the company name on the side of the truck is the only company involved. Keep all insurance and medical records you are given, including discharge papers, appointment instructions, work restrictions, claim numbers, insurance letters, emails, texts, app messages, repair estimates and any paperwork from the trucking company or an insurer.
For deeper evidence preservation issues, see Michigan Legal Center's guide to truck accident evidence preservation.
Should you talk to the trucking company's insurance adjuster?
Be careful before talking with any trucking company representative who wants a recorded statement. The company's insurer, risk manager, carrier representative or claims adjuster may try to speak with you, but their goal is to protect the company, not you or your claim.
Ask basic questions before giving any statement such as:
- Who do you work for?
- What company or insurer do you represent?
- What claim number are you calling about?
- Are you asking for a recorded statement?
- Are you asking about property damage, medical bills, fault, injuries, prior medical history, wage loss or settlement?
Do not rush into a recorded statement before you understand which insurer is asking, what claim is involved, what your policy may require and how the answers may be used. A request from your own no-fault/PIP insurer can raise different issues than a request from the trucking company's liability insurer.
The Michigan Legal Center guide on recorded statements after a Michigan car accident can help you determine the best course of action. The same caution is especially important when a commercial truck carrier may already be collecting statements and company records.
Be careful with releases and authorizations too. A settlement release, property damage release, broad medical authorization or claim form can affect more than the issue you thought you were resolving. Before signing paperwork, let a Michigan Legal Center attorney review the medical, PIP, liability, coverage and future damage issues.
How do no-fault benefits work after a Michigan semi-truck accident?
After a semi crash, an injured person may seek payment through Personal Injury Protection (PIP) benefits, a third-party injury claim or both.
An eligible injured person may be able to claim PIP benefits after a motor vehicle accident without having to determine fault. Depending on the facts of the case, PIP benefits may cover allowable medical expenses, wage loss, replacement services and related benefits. The categories that PIP is available under can be found in Michigan law MCL 500.3107.
Medical coverage from PIP benefits may depend on the level of insurance coverage the injured person chose or other selected options in the available policy. Which insurer pays PIP benefits depends on priority rules, available policies, vehicle status, the injured person's role and the facts of the crash. The truck driver's liability insurer is not automatically the PIP insurer.
A third-party injury claim is different. This is a claim for noneconomic losses such as pain and suffering or excess economic losses not covered by PIP benefits. It may involve the truck driver, trucking company, motor carrier, owner, maintenance company, cargo-related company, manufacturer, another driver or another party.
Michigan's motor vehicle tort statute MCL 500.3135 generally requires death, serious impairment of body function or permanent serious disfigurement for a pain and suffering claim.
Comparative fault can reduce damages. Being more than 50% at fault can block noneconomic damages entirely.
Workers' compensation may apply if you were injured while doing your job, but that does not automatically replace a no-fault/PIP claim or a third-party claim.
Work-related crashes can also raise special insurance questions, especially if you were driving an employer-owned vehicle or riding in a vehicle used for work.
Before signing releases or assuming one insurer is responsible for everything, have Michigan Legal Center review the workers' compensation, PIP, liability and lien issues together.
For more detail on medical bills, read Michigan Legal Center's article on who pays medical bills after a Michigan car accident.
What deadlines apply after a Michigan semi-truck accident?
Deadlines can change depending on the claim, the policy and the injured person's role in the crash. Do not assume every claim, lawsuit or policy dispute has the same filing deadline.
A no-fault/PIP lawsuit generally must be filed within one year unless written notice of injury was given to the proper insurer within one year after the crash or the insurer already paid PIP benefits. Even then, recovery may be limited by the one-year-back rule under MCL 500.3145.
A third-party injury lawsuit is often subject to a three-year limitations period under MCL 600.5805, but the correct deadline depends on the facts of the case.
The filing deadline can change if the claim involves wrongful death, an uninsured motorist, an underinsured motorist, a government vehicle or insurance policy issues. The safest approach is to have a Michigan Legal Center attorney review the deadline and notice issues before you rely on any general rule.
Why is truck evidence time sensitive?
Semi-truck evidence may need to be collected from several companies and systems. This includes the driver, carrier, trailer owner, maintenance vendor, cargo loader, broker, customer, insurer, repair shop, tow yard or a third-party data vendor.
As soon as possible, collect what you legally can and ask an attorney to help you preserve evidence held by the company, such as:
- electronic logging device records and driver logs
- engine control module, event data, telematics, GPS or dashcam data when available
- dispatch records, route records, delivery schedules and company communications
- driver qualification, hiring, training and supervision records
- maintenance, inspection, repair, brake, tire, light and trailer records
- bills of lading, load documents, cargo records and weight tickets
- post-crash internal reports and testing records when applicable
- scene photos, nearby video, witness information, tow records and repair records
Do not rely only on the police report or the trucking company's investigation to preserve company records.
Federal trucking sources such as 49 CFR Part 395 and 49 CFR Part 396 address driver records and vehicle inspection, repair and maintenance records. Some records may have short retention periods, meaning the company keeping them will not save them forever.
For example, driver records of duty status and supporting documents are generally kept for at least six months, while driver vehicle inspection reports may have a three-month retention period. Accident registers are generally kept for three years under 49 CFR 390.15.
Drug and alcohol testing may have an impact on commercial truck crash claims. Federal rules require post-accident alcohol and controlled-substance testing after certain commercial vehicle crashes. A fatal crash is treated differently from injury or tow-away crashes, where testing generally depends on whether the commercial driver received a qualifying citation within the required time window.
If cargo or debris was involved, Michigan Legal Center has a focused legal guide on cargo that falls from a truck in Michigan.
When should Michigan Legal Center get involved?
Contact Michigan Legal Center as soon as you can after a Michigan semi-truck crash. Early review is especially important if anyone was hurt, the truck company or insurer has contacted you, evidence may disappear, fault is disputed or paperwork is being sent for signature or has already been signed.
Our attorneys can:
- identify possible no-fault/PIP insurers and coverage paths
- communicate with insurers and carrier representatives
- preserve truck data, video, records and scene evidence
- review statements, releases, authorizations and claim forms
- separate PIP benefits from the third-party injury claim
- evaluate whether the facts support claims against the driver, trucking company, motor carrier, owner, maintenance company, cargo-related company or another party
- track deadlines and notice issues without asking you to calculate them alone
If a semi-truck crash caused a death, the case may involve survivors' loss benefits, wrongful death damages, estate issues and claims for conscious pain and suffering, loss of financial support or loss of society and companionship.
You can start by reviewing our Michigan truck accident page.