Truck Accident Lawyer Michigan
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Truck Accident Lawyer Michigan

Truck Accident Lawyer Michigan

Over 240,000 commercial trucks travel Michigan roads daily, moving more than 350,000 tons of goods. While these trucks are essential to the economy, they can also cause serious accidents, leaving victims with life-altering injuries and heavy financial burdens.

If you’ve been injured in a truck accident, let our qualified Michigan truck accident lawyers at Cochran, Kroll & Associates, P.C. guide you through the legal process and fight for the compensation you deserve. We’ll help you hold the at-fault truck driver and their employer accountable for your injuries and get you the support you need for your recovery.

Truck Accident Stats: What the Numbers Say

Truck accidents pose a serious threat to drivers on Michigan’s roads. In 2023 alone, there were 15,088 crashes involving large trucks or buses, with 103 lives lost. While the total fatalities saw a slight drop from 2022 (15,802 crashes), the impact remains devastating.

In 2021, research found that over 1,658 trucks were involved in fatal crashes in Michigan, making up 1.9% of the U.S. total. More worryingly, these crashes often resulted in the death of those in the passenger vehicle. In fact, out of 111 total fatalities, 82 deaths in Michigan were occupants of other vehicles.

Types of Big Rig Accidents in Michigan

Big rig accidents can cause severe damage and catastrophic injuries. In Michigan, various types of large truck crashes occur, each with unique risks for drivers and passengers:

  • Jackknife accidents. These happen when the truck’s cab and trailer fold at an angle, resembling a pocketknife. The truck can skid uncontrollably, creating a dangerous situation for nearby vehicles and often leading to multi-vehicle crashes.
  • Rollover collisions. A truck may roll over when taking a sharp turn or carrying an uneven load. These accidents can block entire lanes and cause severe injuries to truck drivers and motorists.
  • Rear-end crashes. Due to their heavy weight, trucks require about 40% more time to stop. When they fail to stop in time, they can slam into the back of smaller vehicles, causing serious injuries or fatalities.
  • Underride accidents. In an underride accident, a smaller vehicle crashes into a truck’s trailer and gets trapped underneath. These collisions often result in severe or fatal injuries due to the extreme damage to the vehicle’s upper portion.
  • Tire blowouts. The driver can lose control when a truck’s tire suddenly blows out. This can lead to dangerous swerving or collisions, putting everyone on the road at risk.
  • Blind spot accidents. Trucks have large blind spots on all sides, known as no-zones. These extend to two lanes on the right, one on the left, 20 feet in front, and 30 feet behind the big rig. If a smaller vehicle lingers in these areas, the truck driver may not see them and could change lanes or turn, leading to a collision.
  • Wide turn collisions. Large trucks need more space to make turns, especially right turns, which require about 55 feet. When a truck swings wide or cuts across lanes during a turn, it can trap or collide with smaller vehicles caught in its blind spots, causing significant damage.
  • Chemical spills. Trucks carrying hazardous materials such as gasoline or industrial chemicals can leak or spill during accidents. These accidents can result in environmental damage and pose serious health risks to those nearby.

What Causes Large Truck Accidents?

Large truck accidents can happen for many reasons, many of which are unique to heavy commercial vehicles. Here is a breakdown of the primary causes of large truck accidents in the U.S. and how often they happen:

Cause Description Percent of Total Truck Crashes
Driver Fatigue Long hours on the road can lead to exhaustion, impairing reaction time and decision-making. 13%
Distracted Driving Inattention due to mobile devices, GPS systems, or other distractions can cause drivers to miss critical cues. 9%
Speeding Traveling too fast for road or weather conditions reduces a truck’s ability to stop or control the vehicle. 23%
Improper Maintenance Brake problems, tire blowouts, or other mechanical failures caused by poor maintenance. 29% (brake issues)
6% (tire problems)
Improper Loading Cargo shifts or improperly loaded goods can cause a truck to lose balance or tip over, increasing the likelihood of rollover or jackknife accidents. 4%
Road Conditions Potholes, uneven surfaces, and construction zones can disrupt a truck’s stability, contributing to loss of control or collisions. 20%

Most Dangerous Trucking Routes in Michigan

Michigan’s highways are critical for commercial transport but are also some of the most dangerous routes for truck accidents due to high traffic, weather conditions, and road construction. These highways pose increased risks for truck drivers and other motorists:

  • I-94. A major east-west highway stretching from Indiana to Canada, I-94 sees high truck traffic, particularly near Detroit and West Michigan. It is prone to accidents, especially in icy winter conditions.
  • I-75. Running north-south from the Ohio border to the Upper Peninsula, I-75 is vital for commercial traffic but experiences frequent accidents due to congestion and construction near major urban areas like Detroit and Flint.
  • I-96. Connecting Detroit and Muskegon, I-96 sees heavy truck use. It is particularly hazardous during road construction, with the highest risk for accidents around Lansing and Grand Rapids.

Why Are Truck Accidents More Serious for Those in Passenger Vehicles?

In truck accidents, 66% of those killed in the U.S. are occupants of passenger vehicles. The immense size and weight of commercial trucks—often 20 to 30 times heavier than a typical car—create devastating impacts during collisions.

The force of these crashes leaves passenger vehicle occupants far more vulnerable to severe injuries. Injuries often include traumatic brain injuries, spinal damage, broken bones, and internal bleeding, all of which can be serious or life-threatening.

In Michigan, commercial vehicles include:

  • Trucks or tractor-trailers with a Gross Vehicle Weight Rating (GVWR) or Gross Combined Weight Rating (GCWR) of 10,001 pounds or more
  • Vehicles designed or used to transport more than eight passengers, including city buses, school buses, limousines, and courtesy vans
  • Any vehicle displaying or requiring a hazardous material placard, regardless of weight

Common types of trucks involved in crashes are:

  • 18-wheelers
  • Tractor-trailers
  • Tanker trucks
  • Garbage trucks and dump trucks
  • Tow trucks
  • Concrete mixers
  • Construction vehicles
  • Flatbed trucks and trailers
  • Log haulers
  • Delivery trucks (FedEx, UPS, USPS, U-Hauls)
  • Big rigs

If you suffered injuries in a big rig collision, contact a Michigan truck accident lawyer at Cochran, Kroll, & Associates, P.C. We are experienced in handling these cases and can help you get the financial support you need for injuries and damages.

Who Is Liable for Damages in a Big Rig Collision?

Determining liability in a big rig collision can be challenging, as multiple parties may be involved. Unlike typical car accidents, commercial truck cases often require looking at other parties besides the driver to identify those responsible.

The following shows potential parties who could be liable for damages in a big rig collision:

Party Description When They Might Be Liable
Driver The individual operating the truck
  • Driving fatigued or distracted
  • Speeding or violating traffic laws
  • Failing to maintain control
Trucking Company The company that employs the driver
  • Failing to train or supervise drivers properly
  • Negligent hiring practices
  • Pressuring drivers to meet unsafe deadlines
Truck Owner The person or entity that owns the truck
  • Failing to maintain or repair the truck
  • Neglecting necessary inspections
  • Ignoring known mechanical issues
Cargo Loaders The team responsible for loading the truck
  • Overloading the truck
  • Improperly securing cargo
  • Unbalanced loads causing instability
Truck Manufacturer The company that made the truck or parts
  • Defective brakes or other parts
  • Faulty design leading to mechanical failure
Maintenance Company The business in charge of truck upkeep
  • Failing to repair or replace worn-out parts
  • Neglecting routine maintenance that leads to mechanical issues
Other Drivers Drivers of other vehicles involved
  • Driving recklessly
  • Causing the initial impact
  • Failing to follow traffic laws
Mechanics Professionals who service the truck
  • Performing improper repairs
    Failing to identify or fix mechanical issues
    Using faulty or incorrect parts during repairs
Government Entity The organization responsible for maintaining roadways
  • Failing to repair dangerous road conditions like potholes or uneven surfaces
  • Poorly marked construction zones
  • Not addressing missing or broken traffic signals or signs

Legal Challenges in Truck Accident Cases

Truck accident cases often present unique legal challenges due to the complexity of commercial trucking regulations, the severity of injuries, and the high financial stakes. These cases require careful investigation and often involve multiple parties, including trucking companies, insurers, and sometimes government entities.

The most common legal challenges faced in truck accident cases:

Severe Injuries and Damages

Big rig accidents often result in life-altering injuries because of the size and weight of commercial trucks, which can weigh up to 80,000 pounds when fully loaded. The impact can lead to severe trauma for those involved, requiring long-term or even lifelong medical care, rehabilitation, and, in some cases, permanent disability accommodations.

To accurately determine damages, attorneys must work with medical professionals to assess immediate injuries and future medical costs for the injured party. For example, a spinal cord injury might require multiple surgeries and extensive rehabilitation. In some cases, the victim may face future income loss if they cannot return to work.

Calculating these damages often requires expert testimony to ensure fair compensation for current and lifetime expenses.

Federal Regulations and Trucking Standards

Truck accident cases are also complicated by federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Truck drivers and trucking companies must comply with strict standards, such as:

  • Hours of service (HOS). Drivers are limited in how many hours they can drive without rest. These regulations include a maximum of 11 driving hours after 10 consecutive hours off duty and a mandatory 30-minute break after 8 hours of driving. Violation of these regulations can lead to fatigue-related accidents.
  • Electronic logging devices (ELD). These devices track a driver’s hours to ensure compliance with HOS regulations. Lawyers often subpoena this data to prove whether a driver exceeded their allowable hours.
  • Cargo loading. Under USDOT regulations, trucks have weight limits and securement requirements. Improperly loaded or unsecured cargo can shift, leading to rollovers or jackknife accidents.
  • Vehicle maintenance. Trucking companies must regularly maintain their vehicles per FMCSA rules to keep them safe for operation. Faulty brakes, worn tires, or engine failures can all contribute to devastating crashes.

High Insurance Policies and Aggressive Defenses

Because of the potential for serious damage, trucks are typically covered by high-value insurance policies, typically in the millions of dollars. While this may seem beneficial for victims, it can also mean a tougher fight. Insurance companies will aggressively defend these claims to minimize payouts, often employing teams of lawyers to dispute liability.

For instance, they may argue that the victim in a car was partially at fault or that the truck driver couldn’t avoid the accident due to sudden road conditions. Attorneys representing victims are prepared to counter these claims with solid evidence, such as accident reconstruction reports or expert testimony about the driver’s negligence.

The Need for Expert Testimony

Truck accident cases often require multiple experts to build a strong case for the injured party. These specialists may include:

  • Accident reconstruction specialists. These experts can recreate the crash scene using physical evidence, such as skid marks, vehicle damage, and witness statements. Their insights help explain how the accident occurred and who was at fault.
  • Medical professionals. Testimony from doctors and specialists is crucial to explain the extent of injuries, ongoing medical needs, and how the accident has impacted the victim’s quality of life.
  • Economists. These experts calculate lost wages, loss of earning potential, and other economic damages, particularly in cases where the victim is unable to return to work.
  • Mechanical experts. Big rig systems specialists examine the truck for mechanical failures or maintenance issues that may have contributed to the crash, such as brake malfunctions or defective parts.
  • FMCSA compliance experts. Testimony from experts familiar with federal trucking regulations can provide critical insights into whether a violation, such as exceeding hours of service or improperly loaded cargo, played a role in the accident.

Interstate Complications

Many trucking companies operate across state lines, meaning truck accident cases often involve interstate travel. This can complicate the legal process, as different states have varying fault, damages, and liability laws. For example, Michigan may have different comparative fault rules than a neighboring state, which could affect how much compensation the victim can recover.

Jurisdictional issues can also arise when the trucking company is headquartered in one state, but the accident occurred in another. Determining the appropriate court and legal framework can be challenging and often requires a knowledgeable attorney who understands how to handle interstate cases.

Defense Tactics by Trucking Companies and Insurers

Trucking companies and insurers often use aggressive tactics to minimize liability and reduce victim compensation. This can include offering quick, lowball settlements in the hope that victims will accept before understanding the full extent of their injuries. They may also try to delay the legal process, making it difficult to gather evidence.

In some cases, trucking companies may even attempt to destroy or withhold key evidence, such as driver logs, black box data, or maintenance records. It’s not uncommon for them to claim that records were lost or unavailable.

A skilled Michigan truck accident attorney from Cochran, Kroll, & Associates, P.C. can file preservation orders to prevent the destruction of evidence and use discovery processes to ensure the acquisition of all relevant documentation.

What Can I Sue For?

If you’ve been involved in a truck accident, you may be entitled to compensation for a wide range of damages. These claims help cover the accident’s impact on your life, health, and finances. Your Michigan truck accident lawyer can help you seek the following as part of your settlement:

Economic Damages

This category of compensation includes objective, quantifiable losses such as:

  • Medical expenses. Covers costs for hospital stays, surgeries, medications, physical therapy, and any ongoing or future medical care needed due to the accident.
  • Lost wages and future earnings. Compensation for the income you’ve lost while recovering and any future earnings you may be unable to make due to lasting injuries.
  • Property damage. Pays for repairs or replacement of your vehicle and any other personal belongings damaged in the accident.
  • Cost of in-home care or assistance. Covers the cost of hiring help for personal care or household tasks due to your injuries.
  • Rehabilitation and therapy costs. Helps pay for physical or occupational therapy needed to regain movement, skills, or independence.
  • Loss of career opportunities. You can seek compensation if your injuries prevent you from advancing your career or pursuing other job opportunities.
  • Increased living expenses. Additional costs you incur due to the injury, such as transportation or temporary housing modifications.
  • Mental health treatment costs. Funds the cost of therapy or counseling for conditions like PTSD or other trauma-related disorders after the accident.
  • Modifications to your home or vehicle. If you are disabled due to the accident, this covers necessary modifications, such as wheelchair ramps or special vehicle equipment.
  • Loss of benefits. If your injuries cause you to lose access to healthcare, retirement plans, or other benefits, you may seek compensation for the financial impact of those losses.

Non-Economic Damages

These damages compensate you for the intangible and difficult-to-measure impact on your life. They include:

  • Pain and suffering. Compensation for physical pain and the emotional toll the accident has had on your quality of life.
  • Loss of enjoyment of life. Covers the diminished ability to participate in activities and hobbies you previously enjoyed.
  • Emotional distress. Compensation for anxiety, depression, or other mental health struggles caused by the accident.
  • Disability or disfigurement. Compensation for any permanent injuries or changes to your appearance resulting from the accident.
  • Loss of companionship or consortium. Spouses can claim for the loss of affection, support, or intimacy due to the injured partner’s condition.

Wrongful Death Damages

If your loved one passes away in a semi-truck accident, you may be able to seek the following compensation:

  • Funeral expenses. In wrongful death cases, this covers the cost of burial or cremation, funeral services, and related costs.
  • Loss of future financial support. For victims’ families, this compensates for the loss of income the deceased would have contributed.

Additional Compensation

In many states, victims of personal injury accidents can seek punitive damages in cases involving especially wanton or egregious behavior. These aim to penalize the wrongdoer and deter similar behavior.

Michigan doesn’t award punitive compensation, but you may be able to pursue exemplary damages. This form of recovery is intended to address the wrongdoing or indignity suffered when the defendant’s actions are malicious or reckless.

How Do Michigan’s No-Fault Insurance Laws Apply in Truck Accidents?

Michigan’s no-fault insurance laws require all drivers to carry Personal Injury Protection (PIP) coverage. This insurance covers medical expenses, lost wages, and certain out-of-pocket costs, regardless of who caused the accident, up to your policy limits.

While PIP is intended to cover immediate needs, the minimum coverage for most Michigan drivers is $250,000. This may not be enough to pay for life-long injuries from a truck accident, such as spinal cord damage or traumatic brain injury.

Fortunately, Michigan’s serious injury threshold statute allows you to pursue a lawsuit against the at-fault party if your injuries involve significant disfigurement, permanent impairment, or other severe conditions. In truck accidents, where serious injuries are common, many victims can seek full compensation beyond their PIP limits.

Our truck crash attorneys at Cochran, Kroll, & Associates, P.C. can review your case and the extent of your injuries to determine your legal options. We will help you pursue all compensation you’re entitled to, whether a PIP or third-party claim.

Modified Comparative Negligence: How It Can Affect Your Claim

States use different methods to assess fault and determine how damages are paid in personal injury cases. One common approach is comparative fault, which reduces the compensation you can receive based on your percentage of responsibility for the accident.

Michigan uses the modified comparative negligence rule. Under this statute, if you are found to be more than 50% at fault for the accident, you are ineligible to recover any damages. However, if you are 50% or less at fault, your compensation will be reduced by your share of responsibility.

  • You are 25% at fault. You were speeding when the truck driver ran a red light and hit your vehicle. You can recover damages, but they will be reduced by 25%.
  • You are 50% at fault. You failed to signal a lane change, but the truck driver was texting and couldn’t stop to avoid a collision. You can still recover damages, but your compensation will be reduced by 50%.
  • You are 51% or more at fault. You rear-ended a truck while distracted, and evidence shows you were following too closely. In this case, you would not be eligible to recover any damages.

Truck Accident Lawyer

Bolstering Your Claim: What Evidence Do You Need for a Truck Collision Case

Proving a truck accident claim requires strong evidence that establishes fault and demonstrates the full extent of your damages. Gathering the right evidence can strengthen your case and help ensure fair compensation. Here’s what to collect:

  • Police reports. A detailed police report documents the scene of the accident, the parties involved, and any initial determination of fault. Request a copy of the report as an official record for your insurance claim.
  • Driver logs and records. Obtain the truck driver’s logs to check for driving hours or rest breaks violations. These logs are crucial for proving driver fatigue or overworking.
  • Electronic data. Secure the truck’s event data recorder (black box) to capture information such as speed and braking before the crash. This data will provide critical insights into the truck’s operation.
  • Maintenance and inspection records. Request records showing the truck’s maintenance history to identify missed repairs or faulty equipment. Use these to demonstrate negligence by the trucking company.
  • Witness statements. Collect statements from any witnesses who saw the accident. Their accounts can confirm crash details and strengthen your version of events.
  • Medical records. Compile all documentation of your injuries and treatment. These records are vital for proving the extent of your injuries and the cost of future care.
  • Photos and videos. Take pictures of the accident scene, vehicle damage, and visible injuries. If video footage is available, capture the moments leading up to and after the crash.

What To Do After a Truck Accident

After a truck accident, taking specific steps to protect your health and legal rights is crucial. Here’s what to do if you’re involved in a collision with a commercial truck:

Step What To Do
Ensure Safety If possible, move to a safe location away from traffic. Check for injuries and call emergency services immediately.
Call the Police Report the accident to law enforcement. It’s required by law for serious accidents. Also, a police report will document the scene and is typically necessary for an insurance claim or legal case.
Exchange Information Get the truck driver’s name, contact details, insurance information, and the trucking company’s details. Gather information from any witnesses as well.
Document the Scene Take photos or videos of the accident scene, vehicle damage, road conditions, and visible injuries. This helps preserve evidence for your attorney.
Seek Medical Attention Even if you don’t feel injured immediately, get checked by a doctor. Some injuries, like head trauma, may not be apparent right away and can worsen with time. You will also need treatment records to seek compensation for medical expenses.
Notify Your Insurance Company Contact your insurance provider to report the accident and provide details. Stick to the facts and avoid admitting fault.
Consult a Truck Accident Lawyer A lawyer can help assess your case, negotiate with insurance companies, and guide you through the legal process to seek full compensation.

How Our Michigan Truck Accident Attorneys Can Help

At Cochran, Kroll & Associates, P.C., our qualified Michigan truck accident attorneys will guide you through the legal process and help you recover the compensation you deserve. From investigating the accident to negotiating with insurance companies, we offer comprehensive support throughout your case, including:

  • Investigating the accident scene. We gather crucial evidence, including truck driver logs and maintenance records, to strengthen your case. We can establish fault and protect your rights by carefully reviewing the details.
  • Evaluating your injuries. Our team works with medical experts to determine the extent of your injuries. Understanding the full impact helps us seek appropriate compensation for current and future medical needs.
  • Calculating your damages. We consider all expenses, from medical bills to lost wages and non-economic damages like pain and suffering. This thorough assessment ensures you pursue fair compensation for every aspect of your loss.
  • Negotiating with insurance companies. We handle discussions with insurers to secure the best possible settlement. With our team advocating for you, we help you avoid unfair offers and protect your interests.
  • Representing you in court. We are prepared to take your case to trial when a settlement can’t be reached. Our team, including partner and seasoned trial attorney Terry Cochran, stands by you, presenting a solid case to fight for the financial award you deserve.

Eileen Kroll: Dual Expertise for Your Case

Truck accident injuries often involve serious conditions like traumatic brain injuries, spinal cord damage, and internal organ trauma. At Cochran, Kroll & Associates, P.C., our partner attorney, Eileen Kroll, brings dual expertise to your case.

As a registered nurse and experienced lawyer, she offers a unique combination of medical and legal knowledge, making her an invaluable asset for cases involving complicated medical issues. With her background, Eileen can thoroughly understand your injuries and their long-term effects, allowing her to build a stronger case. She will use this expertise to pursue the full settlement you deserve.

We Get Results: Past Truck Accident Settlements

Our Cochran, Kroll & Associates, P.C. team has a proven track record of securing substantial settlements for truck accident victims. Here are a few examples of how we’ve helped clients recover compensation for serious injuries and losses.

  • $1.4 million. We secured a settlement for a Livonia pedestrian who suffered a traumatic brain injury after being struck by a commercial van in Redford.
  • $1.3 million. Our attorneys obtained a $1.3 million settlement for a Marlette family who tragically lost their 5-year-old son in a collision with a semi-truck.
  • $600,000. We recovered over half a million dollars for a Swartz Creek man who sustained bi-lateral wrist fractures after being struck by a Ford hi-lo in a workplace accident.

Let Us Fight for You After a Truck Accident

If you’ve been injured in a truck accident, the experienced attorneys at Cochran, Kroll & Associates, P.C. can help you secure the full recovery you need. We will thoroughly investigate your case, advocate on your behalf, and ensure that every aspect of your damages is addressed. Contact a Michigan truck accident lawyer today for a free consultation and take the first step toward justice.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.

FAQs

Do you have to go to court for a truck accident claim?

Only about 1% of tort cases, such as truck collisions, make it to trial. Instead, many truck accident claims are resolved through settlements with the insurance company. However, your attorney may recommend taking the case to court to pursue full compensation if a fair settlement cannot be reached.

How do Michigan’s no-fault laws affect truck accident claims?

Michigan’s no-fault laws mean that your Personal Injury Protection (PIP) insurance will cover your medical expenses and lost wages, regardless of who caused the accident. However, if your injuries are serious and meet the state’s threshold, you can file a claim against the at-fault party for additional compensation.

How much time do I have to file a truck accident claim in Michigan?

In Michigan, you generally have three years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations, and missing this deadline could prevent you from recovering any compensation.

How much does it cost to hire a truck accident attorney?

At Cochran, Kroll & Associates, P.C., we work on a contingency fee basis, which means you don’t pay any legal fees upfront. Our payment is determined by whether or not we win your case, and we only collect a fee if we successfully recover a settlement for you.

What damages can I seek in a truck accident claim?

You may be able to recover damages for medical expenses, lost wages, and chronic pain and suffering. If the accident resulted in permanent injuries, you could also seek compensation for future medical costs and lost earning capacity.

What should I do immediately after a truck accident?

After a truck accident, prioritize safety by seeking medical attention and reporting the accident to the police. Gather evidence at the scene, exchange information, and contact a truck accident attorney to help protect your rights.

What are some common causes of truck accidents?

Truck accidents can result from driver fatigue, improper maintenance, overloaded cargo, or distracted driving. These factors can lead to devastating accidents, especially given the size and weight of commercial trucks.

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Resources

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https://www.cochranlaw.com/legal-topic/what-percentage-d0-truck-accident-attorneys-take/

https://www.cochranlaw.com/legal-topic/what-lawyer-handles-truck-accidents/

https://www.cochranlaw.com/legal-topic/what-happens-if-a-delivery-truck-gets-into-an-accident/

https://www.cochranlaw.com/legal-topic/how-much-money-from-commercial-truck-insurance-after-crash/

https://www.cochranlaw.com/legal-topic/work-with-a-truck-accident-lawyer-in-michigan/

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Making highways safer

Michigan must adopt an aggressive program to widen two-lane highways throughout areas to make high-speed travel safer for all. Law enforcement officials must regulate our highways to enforce speed limits rather than tolerating drivers traveling 80 m.p.h. or higher.

Cochran, Kroll & Associates has gone on record as a truck crash lawyer in Michigan and an advocate for actions such as these to reduce the number of car-truck collisions after representing the family of a 5-year-old boy who was killed when a semi-tractor truck struck from behind a vehicle being driven by his mother.

Paving construction to widen our two-lane highways or at least provide for more left-turn flare lanes, increased speed enforcement on two-lane highways, and stricter enforcement of truck driver’s driving time limits can prevent deaths. Human life is so valuable that we must make these efforts.

A settlement was reached for $1,300,000 in a wrongful death civil lawsuit. Earlier the truck driver had been found criminally negligent and was imprisoned for 18 months in his home on an electronic tether.

“As counsel for the plaintiff, I cannot be at ease with the finding of criminal neglect or with the wrongful death civil settlement,” says Terry Cochran, attorney and senior partner of Cochran, Kroll & Associates in Livonia, Michigan.

“I cannot rest at peace because I know with certainty that before the year ends someone else will needlessly die somewhere on a highway. I am certain of this because federal officials, state and county governments, and law enforcement won’t take any actions beyond the civil and criminal judgments recorded. None of us should be at peace until certain actions are taken.”

If a truck driver makes a mistake, adds Cochran, it is very hard to correct because of the mass and size of a truck. “Most truck drivers are good drivers who drive defensively and are qualified and trained to be good drivers,” says Cochran. “But only a single driver error in a lifetime of driving can have tragic results. If you are involved in a truck accident it will be serious. If you are driving and see a truck behaving erratically, call the state police who will come out and check driver’s log.”

The hazard of fatigue

More often than not, the needless tragedy will occur because a trucking company kept the driver on the road longer hours without the required breaks to satisfy business demands. On two-lane roads a truck driver has no place to go if cut-off or momentarily distracted because of fatigue.

When tragedy does occur when a car and truck collide – and tragedy is inevitable – the family suffering loss of a loved one should take action so that the courts, local and county governments, and law enforcement officials are held accountable by the family’s legal representative. Victims should seek out an attorney because justice not sought equals justice denied.

Statutes of limitation limit the length of time you have to file a lawsuit. If you fail to file a lawsuit within that time period you may forever be denied the justice due you. If you have been injured in a truck accident and believe that you have a case, it is critical that you seek legal help quickly.

If you believe you are a victim, let Cochran, Kroll & Associates fight for your rights. There is no obligation for case evaluation and no fee is charged unless a recovery is made.

The Law Offices of Cochran, Kroll & Associates, P.C. is dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.

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