Michigan · Truck crash claim: what can I do?

Truck crash claim: what can I do?

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Filing deadline3 years from date of accidentMCL § 600.5805

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Michigan?

Michigan has a 3-year statute of limitations for personal injury from truck accidents (MCL § 600.5805). Under Michigan's comparative fault rule, damages are reduced by the plaintiff's percentage of fault, and a plaintiff more than 50% at fault cannot recover noneconomic damages (MCL 600.2959). Michigan's no-fault auto insurance system affects how initial medical claims are handled even for truck accidents — PIP coverage may apply first. A lawyer can confirm yours.

3 years from date of accident

Claims against MDOT or other state entities have specific notice requirements under the Michigan Governmental Immunity Act (MCL § 691.1401 et seq.).

Source: MCL § 600.5805

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Michigan's manufacturing sector — particularly the Detroit auto industry — generates enormous inbound and outbound truck traffic. Michigan's notoriously deteriorated roads (ranked among the worst in the nation) add road hazard and vehicle damage factors to truck accident claims. Under Michigan's comparative fault rule, damages are reduced by the plaintiff's percentage of fault, and a plaintiff more than 50% at fault cannot recover noneconomic damages (MCL 600.2959).

Venue & Jurisdiction: Michigan truck accident cases are filed in the Circuit Court of the county where the accident occurred, where the plaintiff resides, or where the defendant has its registered agent or principal place of business. Wayne County (Detroit), Oakland County, Macomb County, and Kent County (Grand Rapids) Circuit Courts handle the highest commercial trucking caseloads. Under Michigan's comparative fault rule, a plaintiff more than 50% at fault cannot recover noneconomic damages, and economic damages are reduced by the plaintiff's percentage of fault (MCL 600.2959).

Statute of Limitations: Michigan Compiled Laws § 600.5805(2) sets a three-year statute of limitations for personal injury claims arising from truck accidents. The period begins on the date of injury. Wrongful death actions under the Michigan Wrongful Death Act (MCL § 600.2922) must be filed within three years of the date of death. Michigan's No-Fault Act governs first-party insurance benefits for Michigan residents injured in truck accidents, but tort liability against at-fault truck drivers remains available for serious impairment of a body function.

FMCSA & Michigan Regulations: All interstate commercial motor vehicles operating in Michigan must comply with FMCSA regulations. The Michigan State Police Motor Carrier Division and the Michigan Department of Transportation (MDOT) enforce state truck weight limits — Michigan permits heavier loads on some routes than most states, creating unique weight-limit litigation issues. Michigan requires intrastate carriers to register with MDOT. Michigan's extensive seasonal weight restrictions (spring load restrictions on rural roads) are a frequent source of regulatory violations with evidentiary value in litigation.

High-Accident Corridors: Michigan's most dangerous commercial trucking corridors include Interstate 94 (Detroit to Chicago — one of the Midwest's primary manufacturing freight routes), Interstate 75 (Detroit to Flint and Saginaw, and south to Toledo, OH), Interstate 96 (Detroit metro to Grand Rapids), Interstate 69 (Port Huron to Lansing and Battle Creek), and U.S. 23 (Ann Arbor to Flint). The I-94/I-75/I-96 interchange system in metropolitan Detroit — one of the most complex in the Midwest — is a consistent high-crash zone for commercial trucks. Detroit's Ambassador Bridge crossing generates intense cross-border drayage traffic.

Medical facilities in Michigan

  • Detroit Receiving Hospital — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Truck crash claim: what can I do? overview. This page covers the local information available for Michigan.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Michigan? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. MCL § 600.5805