Parties Liable in a Michigan Truck Accident
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Key Takeaways
- More than one party is usually liable in a Michigan truck accident.
- Personal injury protection pays medical and wage benefits regardless of fault, within your coverage limit.
- Pain-and-suffering damages require death, permanent serious disfigurement, or serious impairment of body function.
- Fault over 50% bars pain-and-suffering recovery, and a smaller share reduces it.
- Michigan allows three years to file most truck accident lawsuits.
A serious truck crash reaches past the person who was hurt and into the whole household. Medical bills arrive while the paychecks stop, and Michigan truck accident claims often move faster on the trucking company’s side than on yours. The question underneath all of it is who is liable in a truck accident in Michigan.
A claim built only around the driver can leave a second or third insurance policy untouched. That is money you do not get back once the case closes.
Matz Injury Law works Michigan truck cases by tracing the whole chain that put the truck on the road. We pull the carrier’s records, the maintenance history, and the loading and dispatch paperwork, then match them against the crash evidence. Those records show whether the driver, the trucking company, a maintenance provider, a cargo loader, or another business shares the liability.
Who Is Liable in a Truck Accident in Michigan?
In most Michigan truck crashes more than one party is legally responsible, and each party you identify can bring its own insurance policy into the claim. Several businesses stand behind a commercial truck, and a failure by any of them can contribute to a crash.
Depending on the facts, the potentially liable parties include:
- The truck driver, for speeding, distraction, fatigue, or another unsafe choice behind the wheel
- The trucking company, for the driver’s conduct on the job or for negligent hiring, training, or supervision
- The truck or trailer owner, for poor upkeep or another negligent act
- A maintenance provider, for faulty repairs or missed inspections
- A cargo loader or shipper, for loading, balancing, or securing the freight improperly
- A leasing company or freight broker, for its own negligence in arranging the trip
- A truck or parts manufacturer, for defective brakes, tires, or other equipment
More than one of these parties can be named in the same claim, and the truck’s data, the carrier’s records, the contracts, and the scene evidence are what separate the responsible ones from the rest. Not every party on that list carries separate coverage. Some crashes also pull in other motorists, which changes how fault is shared in a multi-vehicle crash and what each party owes.
Can the Trucking Company Be Held Responsible?
Yes, and in two separate ways. Under vicarious liability, also called respondeat superior, a trucking company answers for its driver’s negligence when the driver caused the crash while acting within the scope of the job.
The company can also be liable for its own conduct. Putting an unqualified driver behind the wheel, building a schedule that pushes past federal hours-of-service limits, or letting required maintenance slide are failures of the company itself.
Why Truck Accident Liability Is Different From Car Accident Liability
A crash with a semi-truck or another commercial vehicle can reach further and carry more coverage than a car accident claim because trucking is a federally regulated business. Interstate motor carriers answer to Federal Motor Carrier Safety Administration (FMCSA) rules on driver qualifications, driving hours, maintenance, and recordkeeping, and a violation can support a negligence claim against the carrier.
Those same federal rules set a floor under the insurance. Under 49 CFR 387.9, a for-hire interstate carrier hauling general freight in a vehicle rated at 10,001 pounds or more must maintain at least $750,000 in financial responsibility, and the minimum rises to $1 million for oil and $5 million for certain hazardous materials hauled in bulk. The higher figures track what the truck is carrying, so they do not apply to every truck on a Michigan road.
Federal recordkeeping requirements also leave a paper trail that a car crash does not produce:
- Electronic logging device data showing the driver’s recorded hours
- Maintenance and inspection reports for the tractor and trailer
- Event data recorder information, often called black box data
- Cargo weight, loading, and securement records
- Contracts identifying the carrier, shipper, broker, and owner
The trucking company controls most of this material, and some of it has a short retention period. A lawyer can send preservation letters early, request the records that still exist, and use them to establish how the crash happened and who belongs in the claim.
How Michigan’s No-Fault System Affects Your Truck Accident Claim

Michigan’s no-fault system splits your recovery into two claims, and missing either one leaves money behind. One pays your own benefits regardless of fault. The other goes after the parties responsible for the crash.
The insurer that ranks first under Michigan’s priority rules pays personal injury protection (PIP) benefits. Those benefits can cover reasonable medical care up to the coverage level on the policy, 85% of lost pre-tax income for up to three years subject to a state monthly maximum, mileage to treatment, and up to $20 per day in replacement services for three years. Fault has no bearing on your eligibility for any of it.
A separate third-party claim reaches economic losses that run past those PIP limits, such as excess medical expenses and wage loss after the three-year window. Those excess damages do not require you to meet an injury threshold.
Pain-and-suffering damages work differently. Under MCL 500.3135, the injury must involve death, serious impairment of body function, or permanent serious disfigurement. A serious impairment is one that is objectively manifested, affects an important body function, and changes your general ability to lead your normal life.
Can You Still Recover If You Were Partly at Fault?
Yes. Michigan applies comparative fault to third-party truck accident claims, so your share of the blame reduces what you collect rather than erasing it.
Suppose your damages total $100,000, and a jury assigns you 20% of the fault. Your recovery drops to $80,000.
If your fault is more than 50%, you cannot recover non-economic damages such as pain and suffering. Economic losses above your PIP benefits are still reduced by your percentage rather than cut off.
Why Michigan Truck Accident Victims Choose Matz Injury Law
Steven Matz and Jared Matz personally handle every case the firm takes, so the attorneys tracing the carrier’s records are the same ones who negotiate with the trucking company’s insurer.
Matz Injury Law charges a 22% contingency fee rather than the 33 1/3% most Michigan firms charge, so the recovery you build by naming every liable party stays with you.
Client Testimonials
“I was involved in a fatal trucking accident. I reached out to Matz Injury Law and Jared was extremely helpful in explaining to me how I needed to proceed going forward. I highly recommend giving them a call if you’re in need of a personal attorney as they will answer all your questions and help you get proper compensation for your losses.” — Christian H.
“After a vehicle accident you should seek legal representation whether or not you are at fault. I contacted Matz Law Firm by leaving a message and received a return call promptly from attorney Jared Matz. We agreed that I would send accident specifics via email. Upon receipt, he contacted me immediately, offering his opinion and advice. He was very thorough and explained the financial and legal considerations for each decision. I trusted Jared Matz and all issues were reasonably and effectively resolved. Jared Matz has great communication and negotiation skills, a good understanding of the law, and broad legal experience. Attorney Jared Matz and his staff were consistently courteous, considerate and empathetic. My interactions with Jared Matz and the Matz Injury Law Firm resulted in a good outcome. Because of my positive experience with Jared Matz as my legal representative, I recommend attorney Jared Matz and Matz Injury Law Firm” — Annette L.
Frequently Asked Questions About Michigan Truck Accident Liability
How Long Do I Have to File a Truck Accident Lawsuit in Michigan?
Three years from the date of the crash, under MCL 600.5805. Filing after that window closes generally ends the claim because the court will dismiss a late case. PIP benefits carry separate and shorter deadlines, including a one-year notice requirement and a one-year-back limit on unpaid benefits.
Can a Trucking Company Avoid Liability by Using Independent Contractors?
Not on the strength of the contract alone. Federal leasing rules at 49 CFR 376.12 require a carrier to take exclusive control of leased equipment and complete responsibility for its operation, so the contractor label does not settle the question. A carrier can also be liable for its own negligence, whatever the driver’s classification.
Can I File a Claim If a Family Member Died in a Truck Crash?
Yes. A wrongful death claim is brought by the personal representative of the estate on behalf of the eligible family members. Dependents may also receive survivor’s loss benefits for up to three years, and no-fault coverage reimburses funeral and burial expenses up to the amount named in the policy, between $1,750 and $5,000.
How Much Does a Michigan Truck Accident Lawyer Cost?
Matz Injury Law charges a 22% contingency fee, and most Michigan firms charge 33 1/3%. The fee comes out of what the case recovers, so nothing is owed up front and no hourly bills arrive while the case is open.
Get Your Michigan Truck Accident Claim Reviewed Before the Records Disappear
After a truck crash, which business caused the failure and which insurer owes what rarely sorts itself out. A Michigan truck accident attorney can identify the parties, put the trucking company on notice to preserve its records, take the insurer calls, and document what the crash has cost you. Retention periods run out on electronic logs and black box data long before the three-year filing deadline does, and evidence that is gone cannot be recovered.
A free consultation costs nothing and commits you to nothing, and there is no attorney fee unless the case results in a recovery.
Call 866-226-6833 or reach out through our contact form to talk through who may be liable and what the deadlines mean for you.
Written By Steven Matz
Steven J. Matz is the founder of Matz Injury Law, specializing in personal injury litigation with a focus on car accident victims. With over 40 years of legal experience, Mr. Matz has achieved numerous million-dollar settlements. He holds an AV Preeminent rating from Martindale-Hubbell and has been recognized among Michigan’s Top Attorneys. Steven J. Matz is a frequent lecturer on legal ethics and personal injury law, and serves on the Michigan Attorney Discipline Board.
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