If a semi or other commercial truck hit you in Michigan, your medical bills and lost wages are paid through no-fault, usually by your own auto insurer. You can also sue the truck driver and the trucking company for pain and suffering and for losses above your PIP benefits, if your injuries meet Michigan’s threshold. Truck cases turn on federal safety records that carriers may lawfully discard after six months, so the first weeks matter.
Why truck cases are different
Interstate trucking companies must follow the Federal Motor Carrier Safety Regulations: limits on driving hours, drug and alcohol testing, inspection and maintenance rules, and driver qualification files. Michigan has adopted most of those federal rules by statute (MCL 480.11a) and applies them to intrastate carriers as well, with the Michigan State Police enforcing them. A violation of those rules is powerful evidence of negligence.
Trucks also carry far more insurance than private cars, and more than one company is usually involved: the driver, the motor carrier whose authority the truck ran under, the owner of the tractor or trailer, the shipper that loaded it, and the shop that maintained it.
Hours-of-service limits for truck drivers
Fatigue causes truck crashes. Federal rules limit how long a property-carrying driver may drive (49 CFR 395.3):
| Rule | What it requires |
|---|---|
| 10 hours off | A driver must take 10 consecutive hours off duty before driving again. |
| 11-hour driving limit | No more than 11 hours of driving after those 10 hours off. |
| 14-hour window | No driving after the 14th hour from coming on duty, even if the driver took breaks. |
| 30-minute break | After 8 cumulative hours of driving, a 30-minute interruption is required. Off-duty, sleeper berth or on-duty not-driving time counts. |
| 60/70-hour limit | No driving after 60 hours on duty in 7 days, or 70 hours in 8 days if the carrier runs every day of the week. |
| 34-hour restart | The weekly clock can restart after 34 or more consecutive hours off duty. |
Short-haul drivers who stay within a set radius have limited exceptions. Logs that do not match fuel receipts, toll records, delivery times or the truck’s GPS are a common way violations come to light.
Electronic logging devices
Most motor carriers must install electronic logging devices and require drivers to use them to record duty status (49 CFR 395.8(a)). Paper logs are still allowed in narrow cases, including drivers who need logs on no more than 8 days in any 30-day period and trucks built before model year 2000. ELD records show when the truck moved, where, and for how long. They are separate from the engine control module, which records speed, braking and throttle in the seconds before a crash.
Drug and alcohol testing
Commercial drivers must pass a drug test before they first perform safety-sensitive work (49 CFR 382.301). After a crash, the carrier must test the driver for alcohol and drugs (49 CFR 382.303) when:
- Someone died, whether or not the driver was cited; or
- Someone was injured and treated away from the scene, and the driver was cited for a moving violation; or
- A vehicle was disabled and towed, and the driver was cited for a moving violation.
An alcohol test that is not given within 8 hours, or a drug test not given within 32 hours, can no longer be given, and the carrier must document why. A missing post-crash test is itself a question we ask about.
Federal insurance minimums
A for-hire carrier operating interstate must carry minimum public liability coverage set by 49 CFR 387.9. For trucks of 10,001 pounds or more:
| Cargo | Minimum coverage |
|---|---|
| General freight (nonhazardous) | $750,000 |
| Oil, and hazardous materials not in the higher tier | $1,000,000 |
| Certain hazardous substances in bulk, and listed explosives, poison and radioactive materials | $5,000,000 |
These are floors. Many carriers carry more, and the trailer owner, broker or shipper may have its own policy. Compare that with the $50,000 per person a private Michigan driver can choose (see how much insurance the other driver has).
Who is liable
The driver and the carrier
A trucking company is responsible for its employee driver’s negligence on the job. It can also be directly liable for its own negligence: hiring a driver with a bad record, failing to check the driver qualification file, ignoring hours violations, pushing delivery schedules drivers cannot meet legally, or skipping maintenance.
The owner
Under Michigan’s owner liability statute, the owner of a vehicle is liable for injuries caused by negligent operation when the driver was using it with the owner’s express or implied consent or knowledge (MCL 257.401). In a truck case, that can reach a leasing company or a separate company that owns the tractor or trailer.
Shippers and maintenance contractors
An overweight or badly secured load, or brakes a contractor failed to repair, can put another company in the case. Inspection and repair records are the place to start.
Evidence that disappears
| Record | Federal minimum retention |
|---|---|
| Records of duty status (logs, including ELD data) and supporting documents | 6 months (49 CFR 395.8(k)) |
| Inspection, repair and maintenance records | 1 year, and 6 months after the truck leaves the carrier’s control (49 CFR 396.3(c)) |
| Driver qualification file | Length of employment plus 3 years (49 CFR 391.51) |
| Engine control module data, dashcam and forward-facing video | No fixed federal period; can be overwritten in normal use |
Dispatch records, bills of lading, fuel receipts and phone records round out the picture. We send a preservation letter at the start of the case so the company cannot say it was routinely deleted. Under Michigan law, a party that knows or reasonably should know evidence is relevant to a claim must preserve it. If it does not, the court can tell the jury it may infer that the missing evidence would have hurt that party.
Who pays your no-fault benefits
Your own no-fault insurer pays PIP first, or the policy of a spouse or relative you live with. If you have none, the claim goes to the Michigan Assigned Claims Plan. The truck’s insurer is not first in line for people in other cars.
If you were the one driving a truck owned or registered by your employer, your employer’s insurer is first in line for your PIP benefits (MCL 500.3114(3)). Workers’ compensation is paid first and is subtracted from PIP. Benefits include 85% of lost wages up to $7,455 a month for accidents from October 1, 2026 through September 30, 2027. See which insurer pays.
The claim against the trucking company
The same rules apply as in any Michigan auto case. You can recover pain and suffering if the crash caused death, serious impairment of body function or permanent serious disfigurement (see the serious impairment threshold). You can also recover medical costs and wage loss above what PIP pays (see excess medical and wage claims). Damages are reduced by your share of fault, and pain and suffering is barred if you were more than 50% at fault (see comparative fault).
What to do now
- Photograph the truck’s USDOT number, company name, plate and trailer number.
- Get the police report number.
- Apply for PIP with your own insurer in writing.
- Do not give a statement to the trucking company or its insurer.
- Talk to a lawyer before the six-month log retention period runs.
Six months, one year, three years. Carriers may discard logs after six months. Notice of your no-fault claim must reach an insurer within one year. A lawsuit against the driver and company must be filed within three years (MCL 600.5805). Use the deadline calculator.
By city
We handle truck crash claims across metro Detroit and the rest of Michigan. Local courts, police agencies and 2024 crash numbers for the cities where we see the most cases:
- Detroit
- Warren
- Sterling Heights
- Ann Arbor
- Dearborn
- Livonia
- Clinton Township
- Canton Township
- Troy
- Westland
- Farmington Hills
- Southfield
See all locations we serve, or contact us for a free review.
Sources: 49 CFR 382.301 and 382.303; 49 CFR 387.9; 49 CFR 391.51; 49 CFR 395.3 and 395.8; 49 CFR 396.3; MCL 480.11a; MCL 257.401; MCL 500.3109; MCL 500.3114; MCL 500.3135; MCL 600.2959; MCL 600.5805; Brenner v Kolk, 226 Mich App 149 (1997); Ward v Consolidated Rail Corp, 472 Mich 77 (2005).
Questions people ask us
Who can be held responsible for a truck crash?
Often more than one party: the driver, the trucking company, the company that loaded the cargo, a maintenance contractor, or the owner of the trailer. Each may carry separate insurance.
Do I still get no-fault benefits after a truck crash?
Yes. Your PIP benefits come first, from the insurer that is first in line under the priority rules. The claim against the trucking company is in addition to those benefits.
How much insurance does a semi-truck have to carry?
A for-hire interstate carrier hauling general freight in a truck of 10,001 pounds or more must carry at least $750,000 in public liability coverage. The minimum rises to $1,000,000 for oil and most hazardous materials, and to $5,000,000 for certain bulk hazardous cargo.
How long does a trucking company keep its driving logs?
Federal rules require a carrier to keep records of duty status and supporting documents for at least six months. After that, they can be lawfully discarded unless the carrier has been put on notice of a claim, which is why a preservation letter should go out quickly.
I was driving a truck for work when I was hurt. Who pays my PIP?
If the truck is owned or registered by your employer, your employer’s insurer is generally first in line for your no-fault benefits. Workers’ compensation may also apply and is paid before PIP.