Michigan Truck Accident Lawyer Guide: Laws, Deadlines and Rights

Michigan combines heavy industry, an auto manufacturing base, the Ambassador Bridge and the Detroit-Windsor border crossings, and long winters, so trucks are a constant on I-75, I-94, I-96, I-69, I-196, I-275 and I-696. Michigan also allows heavier multi-axle truck configurations than most states, with gross weights historically reaching 164,000 pounds on some routes. In 2024, heavy trucks and buses were involved in 15,888 Michigan crashes, which killed 110 people and injured 3,613, according to the Michigan Traffic Crash Facts report. Michigan's no-fault system works differently from nearly every other state, so a truck crash here raises questions that many online guides get wrong. This guide explains the laws that matter most after a truck crash in Michigan, the evidence to protect and how to choose a Michigan truck accident lawyer. We do not recommend or rank any individual firm.

Michigan truck accident laws at a glance

• Filing deadline: three years for personal injury, property damage and wrongful death under MCL 600.5805. Claims against a government body for failure to maintain a highway have a shorter, two-year limit and also require prompt written notice.
• PIP "one-year-back" rule: under MCL 500.3145, you generally cannot recover PIP benefits for expenses incurred more than one year before you file suit, so claim PIP promptly.
• Fault rule: modified comparative fault under MCL 600.2959 and 500.3135. If you are more than 50% at fault, you cannot recover non-economic damages. Economic damages remain recoverable but are reduced by your percentage of fault.
• Liability among defendants: under MCL 600.2957 and 600.6304, liability is generally several only, so each defendant pays its own share of fault, and fault can be allocated to nonparties.
• No-fault threshold: under MCL 500.3135, tort liability for non-economic loss exists only if the injured person suffered death, serious impairment of body function or permanent serious disfigurement.
• Mini-tort: you can recover up to $3,000 for damage to your vehicle from an at-fault driver.
• Uninsured drivers: an owner or operator of an uninsured vehicle generally cannot recover non-economic damages.
• Insurance system: no-fault. Since 2019 reform, drivers choose PIP medical coverage of unlimited, $500,000, $250,000, $50,000 (for certain Medicaid recipients) or an opt-out (for certain Medicare recipients). Minimum liability limits for ordinary vehicles were raised in 2020, so confirm the current minimum with the Michigan Department of Insurance and Financial Services.

How Michigan's no-fault system works after a truck crash

After a crash, your own PIP pays medical expenses up to the limit you chose, plus up to 85% of lost wages for as long as three years and up to $20 a day for replacement services for three years, regardless of fault. PIP does not pay for pain and suffering. To sue the truck driver and carrier for non-economic damages, you must meet the threshold in MCL 500.3135. A "serious impairment of body function" is an objectively manifested impairment of an important body function that affects your general ability to lead your normal life. There is also a specific provision for certain closed-head injuries. Because serious truck injuries often meet the threshold, a lawsuit can seek compensation beyond what PIP pays. Ask a lawyer how the standard applies to your injuries.

Excess economic losses: a Michigan-specific claim

Michigan allows a tort claim for "excess" economic losses, such as medical expenses above your PIP limit, or wage loss beyond the three-year PIP period, from the at-fault party. For serious truck injuries with large long-term care costs, this can be an important part of the case. The amount of PIP medical coverage you chose on your own policy can affect how much falls into this category.

The 51% rule: why fault arguments matter

If a jury finds you 30% at fault and your non-economic damages are $400,000, you can recover $280,000 of them. If it finds you 51% at fault, you recover no non-economic damages at all, though you may still recover reduced economic damages. Insurers look for arguments about speed, lane changes, following distance or visibility, so photos, video, witness statements and the truck's electronic data matter.

Truck crashes in Michigan: what the data shows

The 2024 Michigan Traffic Crash Facts report for heavy trucks and buses found:

• 15,888 crashes involved a heavy truck or bus, 5.5% of all 288,880 reported crashes and a 5.3% increase from 2023.
• 110 people were killed and 3,613 were injured in those crashes.
• The fatal crash rate for heavy trucks and buses was 1.5 per 100 million vehicle miles, compared with 1.0 for all vehicles.
• 48 pedestrians and 29 bicyclists were involved, with 10 pedestrians and one bicyclist killed.

Statewide, Michigan recorded 1,099 traffic deaths in 2024. Nationally, NHTSA counted 5,340 deaths in large-truck crashes in 2024, and about 70% of those killed were in other vehicles.

Who may be responsible for a Michigan truck crash

• The truck driver, for speeding, backing and turning errors, distraction, fatigue or impairment.
• The motor carrier, for the employee's actions and for negligent hiring, training, dispatch pressure or poor maintenance.
• A cargo loader or shipper, if freight was overloaded or unsecured.
• A repair shop or parts maker, if brakes, tires or other equipment failed.
• A government body, in some cases involving road defects, subject to the special notice and filing rules.

Insurance in a Michigan truck crash

Under federal rules, interstate carriers hauling general freight must carry at least $750,000 in liability coverage, with higher minimums for some hazardous cargo. Many carriers carry more. Your own PIP, uninsured and underinsured motorist coverage may also apply depending on your policy, so review your coverage choices early.

Evidence that matters in a Michigan truck case

• The traffic crash report from the investigating agency, often the Michigan State Police, a county sheriff or city police
• Photos and video of the scene, the truck, its markings and the USDOT number, and notes on weather and road surface
• Driver logs and electronic logging data. Hours-of-service rules apply, and carriers generally keep logs for only six months.
• Dash camera footage, engine data and maintenance records
• Medical records from the first day that document how the injury affects your daily life, which is central to the serious impairment standard
• PIP payment records and wage documents

You can look up the carrier's inspection and crash history in the FMCSA SAFER system. Ask a lawyer about sending a written preservation request to the carrier quickly.

What compensation may include

• PIP benefits from your own insurer
• Excess economic losses: medical expenses beyond your PIP limit and lost wages beyond three years
• Pain and suffering and loss of enjoyment of life, if the threshold is met
• Property damage, including mini-tort recovery up to $3,000 for your vehicle
• In a fatal crash, funeral costs and wrongful death damages for eligible family members

No one can promise a result. The outcome depends on your injuries, the evidence, the insurance available and your share of fault.

Steps to take after a truck crash in Michigan

1. Call 911 and get medical care, even if you feel fine.
2. Photograph the scene, the truck and its USDOT number.
3. Notify your own insurer promptly so your PIP claim can begin, and keep every medical bill.
4. Do not say you were at fault, and do not guess about speed or distance.
5. Make sure a police report is filed and get the report number.
6. Do not give a recorded statement to the trucking company's insurer without advice.
7. Speak with a Michigan truck accident lawyer early, before evidence is overwritten.

Choosing a Michigan truck accident lawyer

Confirm the lawyer is licensed in Michigan through the State Bar of Michigan, ask about commercial trucking experience and how they handle the serious impairment threshold and PIP, and get the fee agreement in writing. Many injury lawyers work on contingency, so there is no fee unless you recover, but percentages and case costs vary. Read our guide on attorney fees and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with a Michigan attorney. We do not endorse any law firm.

Frequently asked questions