What Compensation Can You Claim in a Truck Accident Lawsuit?

Legally Reviewed and Edited by: Terry Cochran

Michigan’s roads see heavy truck traffic, with over 203,000 registered rigs hauling goods across the state. These massive vehicles are essential to commerce, but the results can be devastating when they collide with smaller cars.

In 2024, 5,298 large trucks were involved in crashes, causing 97 deaths and injuring 1,428 people—many of them life-changing.

After a truck accident, victims face severe pain, mounting medical bills, and overwhelming financial stress. How will you afford treatment? What happens if you can’t return to work? Who is responsible for the damage?

A truck accident claim helps you recover medical costs, lost income, and other damages while ensuring those responsible are held accountable.

If you or a loved one suffered injuries in a commercial truck accident, securing the right legal representation is essential. Discover your options for financial recovery and how the experienced truck accident lawyers at Cochran, Kroll & Associates, P.C. can help you pursue the compensation you deserve.

Common Injuries and Damages

Truck accidents are often far more devastating than standard car crashes. Big rigs weigh up to 80,000 pounds—30 times more than passenger vehicles. The force of impact can destroy cars, cause catastrophic injuries, and leave victims overwhelmed with questions about recovery.

Common injuries and damages include:

• Traumatic brain injuries (TBI). Head trauma that impairs memory, cognition, and daily function.
• Spinal cord damage. Nerve injuries, herniated discs, or paralysis that result in lifelong challenges.
• Fractures. Broken bones may require surgery, rehabilitation, and months of recovery.
• Internal injuries. Organ damage and internal bleeding can turn fatal without urgent treatment.
• Severe burns and lacerations. Deep wounds that may cause infection, permanent scarring, or disfigurement.
• Psychological trauma. Post-traumatic stress disorder (PTSD), anxiety, and emotional distress that affect everyday life.
• Property damage. Crushed vehicles, totaled cars, and costly repairs or replacements.
• Lost wages. Missed work and diminished earning capacity due to injuries.

These losses add up quickly, leaving victims struggling to move forward. But who pays for the damage? Understanding liability is the first step toward receiving a fair truck

Who Pays for Truck Accident Claims?

Truck accident settlement payouts depend on who caused the crash. In many cases, liability isn’t limited to the truck driver—other parties may also share responsibility.

Determining fault is crucial in securing compensation. Here’s a closer look at who may be held liable in a truck accident lawsuit:

Once your injury lawyer determines who is at fault for the crash, you can file a personal injury claim for damages. These can include all economic and non-economic losses you suffered in the collision.

What Compensation Can You Claim as Part of Your Truck Accident Settlement?

A truck accident can leave you with overwhelming expenses, ongoing medical care, and lasting emotional trauma. You can seek the following compensation for the financial costs and suffering you’ve endured:

Medical Expenses

Truck accidents often cause severe injuries that require extensive medical care. Compensation should cover:

• Emergency room visits and hospital stays
• Surgeries and medical procedures
• Physical therapy and rehabilitation
• Prescription medications and medical equipment
• Future medical care for long-term or permanent injuries

Lost Wages and Reduced Earning Capacity

Severe injuries can keep you from working, leading to financial hardship. A settlement should account for:

• Missed paychecks during recovery
• Lost bonuses, commissions, or overtime
• Future income loss if you can’t return to work
• Loss of earning potential due to disability

Pain and Suffering

A truck accident’s physical and emotional toll can affect your daily life and mental well-being. Non-economic damages help compensate for:

• Chronic pain from injuries
• Emotional distress, anxiety, and PTSD
• Loss of enjoyment in daily life
• Permanent disabilities or disfigurement

Property Damage

A collision with a commercial truck often results in extensive vehicle damage or total loss. Compensation should cover:

• Repairs to your car
• Replacement of a totaled vehicle
• Damage to personal belongings inside the car

Loss of Consortium

Spouses and family members may also have claims when an injury affects personal relationships. This can include:

• Loss of companionship and emotional support
• Strained marital relationships due to disability or trauma
• Impact on parental relationships with children

Wrongful Death Damages

If a truck accident results in the tragic loss of a loved one, surviving family members may seek compensation in a wrongful death claim for:

• Funeral and burial costs
• Loss of financial support from the deceased
• Emotional suffering and loss of companionship

Exemplary Damages (In Extreme Cases)

A court may award additional compensation if the trucking company or driver acted with gross negligence—such as driving under the influence or violating major safety regulations.

Known as exemplary damages in Michigan (similar to punitive damages in other states), these compensate you for humiliation or intentional misconduct by the at-fault party. Though rare, they can hold negligent parties accountable for reckless or malicious actions.

Every truck accident case is unique, and the value of a settlement depends on the severity of injuries, financial losses, and who is responsible. Strong evidence is crucial to proving the extent of your losses and securing the full recovery you deserve.

How To Prove Your Losses for Maximum Compensation

Proving your losses in a personal injury claim against a trucking company requires solid evidence. The right documentation shows the extent of your damages and helps establish liability. Key evidence includes:

• Medical records and bills. Proof of hospital visits, surgeries, medications, and ongoing treatment costs.
• Pay stubs and tax returns. Documentation of lost wages, reduced earning potential, and missed bonuses.
• Vehicle repair estimates and replacement costs. Evidence of damage to your car and any personal belongings inside.
• Accident reports. Official police documentation detailing what happened and any citations issued.
• Witness statements. Testimonies from bystanders, passengers, or other drivers that support your claim.
• Photos and videos. Visual evidence of vehicle damage, road conditions, and visible injuries.
• Electronic Logging Devices (ELDs) and black box data. Truck records that show speed, braking, and hours of service violations.
• Cargo records and maintenance logs. Evidence of overloaded cargo, poor truck maintenance, or mechanical failures.
• Expert testimony. Insights from accident reconstruction specialists, medical professionals, or trucking industry experts.
• Personal journal. A record of your pain levels, emotional struggles, and how injuries affect daily life.

The more detailed your evidence, the stronger your case against the trucking company or other liable parties. A qualified Michigan truck accident attorney can help you gather evidence early and build a case that proves the full extent of your losses.

Challenges in Truck Accident Cases

Even with strong evidence, truck accident cases can be complex. These cases often involve large trucking companies, aggressive insurers, and technical data that requires expert interpretation. Victims may face several of the following obstacles that make obtaining adequate compensation more difficult:

• Aggressive insurance companies. Trucking insurers are focused on minimizing payouts. They may pressure victims into quick settlements, argue that injuries aren’t as severe as claimed, or even try to deflect blame to avoid liability.
• Powerful legal teams. Trucking companies often have teams of attorneys ready to challenge accident reports, dispute liability, and question medical evidence. Without strong legal representation, victims may struggle to prove their case.
• Intentional delays and destroyed evidence. Some companies delay the claims process, hoping victims will settle for less. In some cases, they may even erase black box data, discard maintenance records, or withhold driver logs to cover up violations.
• Michigan’s no-fault laws and PIP coverage. You must first file with your Personal Injury Protection (PIP) insurance, which covers medical bills and a portion of lost wages. Defendants may try to argue for lower settlements by claiming PIP already covered part of the losses, making it harder to secure the remaining damages.
• Interpreting technical data. ELD logs, black box records, and maintenance reports contain crucial evidence but require expert analysis. Proving negligence often means breaking down speed, braking patterns, and driver hours to show violations of safety regulations.
• Multiple liable parties. Truck accident claims often involve several at-fault parties, each with their own insurance providers and legal teams. This can lead to drawn-out legal battles, delays in settlement negotiations, and disputes over who pays what, making it harder to recover full compensation.
• Interstate complications. Many trucking companies operate across state lines, meaning federal laws and multiple jurisdictions may apply. This can affect filing deadlines, legal strategies, and the amount of compensation available.
• Modified comparative negligence in Michigan. Michigan law has strict rules about fault. If an insurer argues that you were more than 50% responsible for the crash, they could try to block your compensation. This is why having an aggressive truck accident attorney is so important—we fight back against these tactics to help you recover what you deserve.

These setbacks can feel overwhelming, especially if you’re recovering from serious injuries. A skilled personal injury lawyer can help cut through the red tape, protect key evidence, and fight for the full compensation you deserve.

How a Truck Accident Lawyer Can Maximize Your Compensation

Trucking companies and their insurers have one goal—paying as little as possible. Without legal representation, you risk accepting a settlement that doesn’t fully cover your long-term needs.

At Cochran, Kroll, & Associates, P.C., our truck accident attorneys level the playing field with these steps:

Preserving Evidence Before It’s Lost

Trucking companies control crucial evidence, but they won’t keep it forever. The sooner you contact an attorney, the better your chance of preserving black box data, truck logs, and witness statements before they disappear. Your attorney takes the following actions to preserve evidence:

• Sending a spoliation letter to require the trucking company to keep critical records.
• Requesting black box and ELD data before it’s deleted.
• Subpoenaing records early to prevent changes to logs, cargo reports, or inspections.
• Retrieving surveillance footage before businesses or traffic cameras erase it.
• Interviewing witnesses quickly to document statements before details are forgotten.

Calculating the Full Value of Your Losses

Insurance companies may cover immediate costs while ignoring long-term damages. Partner attorney and registered nurse Eileen Kroll uses her medical background to assess the full impact of your injuries, ensuring no future costs are overlooked.

She also collaborates with experts to:

• Plan for long-term care like future treatments, in-home support, and medical equipment.
• Review medical records to prove injuries came from the crash and challenge insurer disputes.
• Calculate rehab costs for physical therapy, mental health care, and specialized treatments.
• Determine home and vehicle changes needed for mobility and accessibility.

Fighting Back Against Insurance Tactics

Insurers use aggressive strategies to pay less. We push back against with these tactics:

• Challenging lowball offers by presenting medical evidence, expert testimony, and full damage assessments.
• Countering blame-shifting using accident reconstruction, black box data, and witness statements to prove fault.
• Blocking PIP loopholes by demonstrating how no-fault coverage doesn’t fully cover long-term losses.

With legal pressure, insurers take your claim seriously—leading to larger and fairer settlement offers.

Taking the Case to Court If Necessary

While most cases settle, we are always prepared to take your case to trial if insurers refuse to offer fair compensation. This approach often leads to:

• More substantial pre-trial settlement offers, as insurers aim to avoid legal expenses and unpredictable jury verdicts.
• Higher jury awards are given since jurors assess all evidence without a financial incentive to minimize payouts.
• Exemplary damages, which courts may award at trial in cases involving egregious negligence or intentional misconduct.

At Cochran, Kroll & Associates, P.C., we fight for accident victims across Michigan, holding trucking companies and insurers responsible for their negligence. We have a track record of successful verdicts, including a $1.3 million settlement for a family who lost their 5-year-old son in a tragic truck accident in Marlette.

Every case is different, but we bring the same compassion, determination, and legal skills to every claim we represent.

Win Fair Compensation With a Cochran, Kroll, & Associates, P.C. Truck Accident Lawyer

If you were hurt in a large truck crash in Michigan, get the legal help you need to win a fair recovery payout. Contact our team at Cochran, Kroll, & Associates, P.C. for a free consultation. We can explain your legal options and help you get the financial support you need.

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 and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.