877-Ben-Hall 517-798-5801 877-Ben-Hall Awards & Recognition
By: Ben Hall | Attorney and Owner of Ben Hall Law | Marine Corps and Iraq War Veteran | Former Police Officer | Former Prosecutor | May 13, 2026
A collision with a commercial truck changes things fast. The vehicle is bigger, the company behind it has more resources, and their insurer already has adjusters and defense lawyers moving before you have left the hospital. The playing field is not level when you are the person in the smaller vehicle.
Ben Hall Law handles truck accident cases across mid-Michigan, including Ingham, Clinton, Eaton, and Shiawassee counties. If you were hurt in a crash involving a semi-truck, box truck, tanker, or other commercial vehicle, this page explains how Michigan law applies to your situation, what evidence matters, and what you should do right now to protect your claim.
Most vehicle crashes involve two private drivers and two insurance companies. A truck accident involving a commercial carrier is a different problem.
The truck driver may be employed by a motor carrier, leased to a broker, or operating as an owner-operator under contract. The trailer may belong to a separate entity from the tractor. The cargo may have been loaded by a third-party warehouse. Each of those relationships creates a potential defendant and a separate source of liability coverage.
Federal law adds another layer. Interstate commercial carriers are regulated by the Federal Motor Carrier Safety Administration (FMCSA). Those regulations govern how long a driver can stay on the road without rest, how trucks must be inspected and maintained, how cargo must be secured, and what qualifications a driver must hold. Violations of those rules can be powerful evidence of negligence, but only if someone preserves the records before they disappear.
In Michigan, you also have to navigate the no-fault system while building a potential third-party claim against the trucking defendants. Those are two separate processes running at the same time, and missing a deadline on either one can cost you real money.
This is not the kind of case where a general personal injury approach works. It requires specific knowledge of trucking regulations, Michigan no-fault law under MCL 500.3101 et seq., and the practical reality of how commercial insurers defend these cases.
Michigan is a no-fault state. Under MCL 500.3105, your first source of medical benefits after any motor vehicle crash, including a truck crash where someone else is clearly at fault, is your own no-fault personal injury protection (PIP) policy.
PIP benefits can cover:
• Allowable medical expenses with no cap for catastrophic injuries if you selected the unlimited PIP option
• Wage loss up to the limits in your policy
• Replacement services (household tasks you cannot perform because of your injury)
• Attendant care if your injury requires it
The filing deadline matters. Under MCL 500.3145, you generally have one year from the date of the crash to file for no-fault benefits. Missing that deadline can bar your claim for benefits, even if the truck driver was entirely at fault.
Michigan’s 2019 no-fault reform (Public Act 21 of 2019) changed how PIP coverage works. The coverage tier you selected on your policy determines your benefit limits for medical expenses. If you are unsure what tier you have, a lawyer can review your policy and help you identify the right insurer to file against.
No-fault benefits do not cover pain and suffering. They also do not fully replace high wage losses in serious cases. That is why most truck accident cases also involve a separate third-party liability claim.
If a truck driver’s negligence caused your crash, you may have a claim against the driver and the motor carrier for damages beyond what no-fault covers. That includes pain and suffering, but Michigan law sets a threshold you have to meet.
Under MCL 500.3135, you can pursue noneconomic damages (pain and suffering) only if you suffered:
• A serious impairment of body function, defined as an objectively manifested impairment of an important body function that affects your general ability to lead your normal life, or
• Permanent serious disfigurement, or
• Death
In practice, this threshold is often met in truck crash cases because the forces involved are high and the injuries tend to be severe. But it can still be disputed. Insurers routinely argue that restrictions are temporary, that you are recovering better than you claim, or that your symptoms are tied to a pre-existing condition rather than the crash.
Building the record that defeats those arguments takes organized medical documentation, physician opinions about long-term restrictions, and often testimony from people in your life who can describe what changed after the crash.
A third-party truck accident claim can also seek excess economic damages: medical expenses beyond what no-fault covers, wage loss beyond your PIP limits, and out-of-pocket losses tied to the crash.
The statute of limitations for a third-party personal injury claim in Michigan is generally three years under MCL 600.5805. However, notice requirements and policy-specific deadlines can be shorter. If a government vehicle or road condition is involved, the notice requirements are different and significantly shorter. Do not assume the three-year window applies to every aspect of your case.
One of the first questions in any truck case is who should be named as a defendant. The police report answers part of that question, but often not all of it.
A real investigation may identify multiple responsible parties:
Negligence behind the wheel, including speeding, fatigue, distraction, impairment, or failure to maintain lane.
The company responsible for hiring, training, supervising, and dispatching the driver, and for keeping the vehicle in safe operating condition. Under the doctrine of respondeat superior, an employer can be liable for a driver’s negligence committed within the scope of employment. Carriers can also face direct liability for negligent entrustment, negligent hiring, and inadequate supervision.
If a third-party shop performed repairs and missed a defect, that shop may share liability for a mechanical failure.
Improper loading under 49 CFR Part 393 can cause trailer instability, jackknifing, and rollovers. If the cargo was overloaded, improperly distributed, or inadequately secured, the loading party may bear responsibility.
If a defective tire, brake system, or other component contributed to the crash, a products liability claim may run alongside the negligence claims.
In some cases, a freight broker’s role in selecting an unqualified carrier creates legal exposure under FMCSA regulations and general negligence principles.
Identifying every responsible party matters. More defendants can mean more available insurance coverage. It also means more complete accountability for what actually happened.
Truck crash cases are often won or lost on evidence that disappears quickly. Here is what matters and why.
Under 49 CFR Part 395, most commercial drivers operating in interstate commerce are required to use electronic logging devices to record hours of service. That data can show whether the driver was over the allowable hours at the time of the crash, whether rest periods were properly taken, and whether the logbook entries match the electronic record.
Many commercial vehicles carry onboard systems that record speed, braking, throttle position, and sudden events in the seconds before impact. That data can confirm or contradict the driver’s account of what happened.
Federal regulations require commercial carriers to maintain inspection records under 49 CFR Part 396. Those records can show whether required inspections were skipped, whether known defects were left unrepaired, and how recently the vehicle was serviced.
Under 49 CFR Part 391, carriers must maintain qualification files for each driver that include license history, employment history, medical certificates, and drug and alcohol testing records. A pattern of prior violations, failed tests, or inadequate vetting can support a negligent hiring or entrustment claim.
Federal regulations require post-accident testing under 49 CFR Part 382 when a crash involves a fatality, a citation to the commercial driver, or a vehicle that required towing. Those results are part of the record.
The route the driver was assigned, any communications during the trip, and GPS-tracked location data can show whether the driver was under pressure to violate hours-of-service limits or was operating outside an authorized route.
Bills of lading, weight tickets, and loading instructions can establish what was in the trailer, how it was secured, and who was responsible for the load.
The connection between the crash and your injuries has to be documented clearly. Emergency room records, imaging, surgical notes, specialist evaluations, physical therapy records, and physician opinions about restrictions and prognosis all matter. Gaps in treatment give insurers an opening to argue you were not as injured as you claim.
Trucking companies and their insurers sometimes move quickly after a crash to secure and assess this evidence. A preservation letter sent by your lawyer puts the carrier on notice that the records must be kept. If evidence is destroyed after proper notice, that becomes its own issue in litigation.
Hours-of-service regulations exist because fatigued driving is dangerous. When a driver pushes past those limits, the electronic records often show it. Fatigue cases require careful comparison of what the driver logged versus what the ELD actually recorded.
A loaded commercial truck can weigh 80,000 pounds at the federal limit. Stopping distance increases dramatically with speed and load. A truck traveling at highway speed in deteriorating conditions, construction zones, or heavy traffic may be traveling safely by the speedometer but unsafely given the actual conditions.
Cell phone records, dispatch system logs, and in-cab camera footage can establish whether a driver’s attention was off the road at the time of the crash.
Brake failures, tire blowouts, and steering defects are often preventable. The maintenance history determines whether the failure was the result of missed inspections, deferred repairs, or a manufacturing defect.
Cargo shift during a turn or braking maneuver can cause the driver to lose control. These cases require review of loading procedures, weight distribution, and securement practices.
Commercial drivers are subject to a 0.04% BAC limit under federal regulations, lower than the 0.08% standard for passenger vehicles. Post-crash testing records are relevant evidence.
If a carrier hired a driver without proper verification, failed to train on required skills, or ignored complaints about the driver’s conduct, those decisions can support a direct claim against the company.
The work begins right away, not after everything has settled down.
Preservation letters go to the carrier, the broker, maintenance contractors, and any other relevant party. Those letters demand that all electronic data, driver records, inspection files, onboard camera footage, post-crash testing results, and communications be maintained. This step often happens within hours of the initial consultation in serious cases.
Who are the relevant insurers? What are the policy limits? Is there excess or umbrella coverage? Is UM/UIM coverage from your own policy potentially relevant? These questions have to be answered early.
The no-fault application has to go to the correct insurer on time. Identifying the right insurer and submitting correctly is not always straightforward when multiple vehicles and multiple policies are involved.
Once you have a lawyer, you stop taking calls from the carrier’s adjusters and giving recorded statements. That matters. An adjuster’s job is to reduce the claim’s value. A statement given too early, before you know the full extent of your injuries, can be used against you later.
Crash reconstruction experts, review of the police investigation, inspection of vehicle damage, witness interviews, and coordination with experts in trucking safety and federal regulations.
Working with your treating physicians to ensure the connection between the crash and your injuries is clearly documented, and identifying any additional specialist referrals needed for accurate diagnosis and prognosis.
Building the complete picture of what the crash cost you, including current and future medical expenses, wage loss, loss of earning capacity if your injury affects your ability to work long-term, and the noneconomic damages that reflect the real disruption to your life.
Most cases resolve before trial. The ones that do resolve at fair value tend to be the ones prepared as if they were going to trial. If the carrier or its insurer refuses to offer fair compensation, filing suit and using formal discovery tools, including depositions and document requests, is the path to accountability.
In a significant truck accident case, damages go well beyond the first stack of bills.
All past and future treatment costs tied to the crash. Future care projections require physician input and sometimes a formal life-care plan that documents expected needs over time.
If you missed work, your lost wages are documented through pay records and employer verification. If your injury limits your ability to return to the same work or the same hours, loss of earning capacity is a separate and often larger element of damages. Vocational and economic experts can quantify what that loss looks like over years.
Physical pain, emotional distress, sleep disruption, anxiety, loss of enjoyment of activities, strain on relationships, and the daily impact of restrictions that did not exist before the crash. These are real losses even though they do not appear on a bill.
Scarring, loss of mobility, chronic pain, and permanent functional limitations have long-term effects that the claim should reflect.
Post-traumatic stress, depression, and anxiety following a serious crash are documented and compensable injuries.
Vehicle replacement or repair, rental costs, and personal property lost in the crash.
In catastrophic injury cases, including traumatic brain injury, spinal cord injury, amputation, or severe orthopedic injury, the long-term damages are often the largest part of the case. A settlement that looks significant measured against current bills may be inadequate if it does not account for decades of ongoing care, adaptive equipment, attendant care, or lost income. Once a case is resolved, it generally cannot be reopened if the future turns out worse than expected.
|
Claim |
What It Covers |
Key Deadline |
|
No-fault PIP benefits |
Medical expenses, wage loss, replacement services |
Application generally within 1 year of crash under MCL 500.3145 |
|
Third-party liability claim |
Pain and suffering, excess economic losses against at-fault defendants |
3-year statute of limitations under MCL 600.5805, with case-specific exceptions |
|
Wrongful death claim |
Economic and noneconomic losses tied to a fatal crash, pursued through the estate |
Generally 3 years, with probate and estate considerations |
|
UM/UIM claim |
Coverage through your own policy if liability coverage is insufficient |
Policy notice requirements may be shorter than lawsuit deadlines |
|
Property damage |
Vehicle repair or replacement and related losses |
Varies by insurer and claim type |
These claims run in parallel, not in sequence. Missing a deadline on the no-fault side because you were focused on the liability claim is a real risk. Both need attention from the start.
When a truck crash takes a life, the legal process is handled through the estate of the deceased. A personal representative, typically appointed through probate, pursues the claim on behalf of the estate and the family.
Under the Michigan Wrongful Death Act, MCL 600.2922, recoverable losses may include medical expenses prior to death, funeral and burial costs, loss of financial support the deceased provided to dependents, and loss of society and companionship. The damages analysis looks at both what the family lost financially and what they lost in terms of the relationship itself.
These cases require the same urgent evidence preservation as serious injury cases. The exposure is often high, and carriers and their insurers may act quickly to protect their position. Do not wait for the grief to pass before making the call. Evidence timelines do not pause.
• Get medical care. Even if you feel relatively functional after the crash, get evaluated. Adrenaline masks pain. Some serious injuries, including traumatic brain injury and internal injuries, do not present dramatically right away.
• Follow through on treatment. Gaps in medical care give insurers an argument that you were not seriously hurt or that you failed to mitigate your damages.
• Document everything. Photographs of your injuries, the scene, vehicle damage, road conditions, and the truck’s markings. Names and contact information for witnesses. The truck’s USDOT number if visible.
• Do not give recorded statements to the carrier’s insurer. Their adjuster is not your adjuster. You are not required to give a recorded statement to the at-fault carrier.
• Do not post about the crash on social media. Insurance investigators monitor social media in active claims.
• Contact a lawyer before the other side shapes the record. The earlier you involve counsel, the more options you have to preserve evidence and protect the claim.
Ben Hall Law handles personal injury cases, including commercial truck accidents, in East Lansing, Lansing, Okemos, Haslett, Meridian Township, and throughout Ingham, Clinton, Eaton, and Shiawassee counties.
The firm’s background in criminal defense and former law enforcement shapes the way personal injury cases are approached. The investigative work matters. What does the physical evidence actually show? What do the records say versus what the carrier claims? Where are the gaps in the official account?
That approach applies to truck cases, where the paper trail, electronic data, and regulatory compliance history often tell a more complete story than the police report alone.
If you were hurt in a truck crash in mid-Michigan, or if you lost a family member in a fatal commercial vehicle accident, call Ben Hall Law. The consultation is free. There is no fee unless you recover.
The no-fault PIP application generally must be filed within one year of the crash under MCL 500.3145. The third-party personal injury lawsuit has a three-year statute of limitations under MCL 600.5805. Some deadlines, including UM/UIM notice requirements and claims involving government entities, can be shorter. Do not rely on the general three-year window without reviewing the specific facts of your case.
Michigan uses a modified comparative fault system under MCL 600.2959. You can recover damages if you are less than 51 percent at fault, but your recovery is reduced by your percentage of fault. If you are found to be 51 percent or more at fault, you cannot recover noneconomic damages. The defense often argues comparative fault as a way to reduce the claim’s value, which is one reason the factual investigation matters.
Carrier liability does not necessarily disappear because the driver was classified as a contractor. Under FMCSA regulations, a carrier that holds a federal operating authority is responsible for the vehicles operating under that authority. Courts also examine the level of actual control the carrier exercised over the driver’s work. The contractor classification is a starting point for the analysis, not the end of it.
There is no honest general answer to that question without reviewing the specific injuries, the available insurance coverage, liability evidence, and long-term damages. What I can tell you is that serious truck crash cases involving surgery, hospitalization, permanent impairment, or significant lost wages often involve far more than people expect when they first call. The full value of the case is usually not clear until the medical picture is reasonably stable and the damages are properly documented.
Do not give a recorded statement and do not sign any releases. Contact Ben Hall Law before communicating further with the carrier’s representatives. What you say in those early conversations can affect your claim in ways that are hard to fix later.
Yes. The firm handles personal injury and truck accident cases throughout mid-Michigan, including Lansing, Okemos, Haslett, Meridian Township, and surrounding communities in Ingham, Clinton, Eaton, and Shiawassee counties.
