18-Wheeler Accident Attorneys in Van Buren County: Your Fight for Justice Starts Here
The impact was devastating. One moment you’re driving along I-94 through Van Buren County, and the next, 80,000 pounds of steel has changed your life forever. If you’re reading this, you or someone you love has survived an 18-wheeler crash in Van Buren County—and you’re facing medical bills, lost wages, and a future that looks nothing like it did yesterday.
We understand what you’re going through. At Attorney911, we’ve spent over 25 years fighting for people in Van Buren County and across Michigan who’ve been hurt by negligent trucking companies. Ralph Manginello, our managing partner, has been holding trucking companies accountable since 1998. He’s admitted to federal courts, has gone toe-to-toe with Fortune 500 corporations like BP in the Texas City Refinery litigation, and has recovered multi-million dollar settlements for families just like yours—including a $5 million traumatic brain injury settlement and a $3.8 million amputation case.
You didn’t ask for this fight, but you don’t have to face it alone. And the clock is already ticking. In Van Buren County, trucking companies are already building their defense while black box data sits in their trucks, waiting to be overwritten. We need to move fast.
Why Van Buren County 18-Wheeler Accidents Are Different
Van Buren County sits in the heart of Michigan’s agricultural belt, crisscrossed by I-94 and surrounded by rural highways that see heavy commercial traffic. From the fruit farms near South Haven to the manufacturing routes connecting to Kalamazoo and Benton Harbor, our county sees thousands of trucks hauling everything from berries to automotive parts every single day.
But here’s what makes trucking accidents in Van Buren County particularly dangerous: our weather. When winter hits Lake Michigan, Van Buren County gets hammered with lake-effect snow and ice storms that turn I-94 into a danger zone. An 18-wheeler needs nearly two football fields to stop on dry pavement; on ice-slicked roads, that distance becomes impossible. Add in the county’s mix of rural two-lane roads, agricultural cross-traffic, and the occasional whiteout blizzard, and you have conditions where even careful truckers can lose control—and negligent ones become lethal.
Under Michigan law, you have three years from the date of your accident to file a lawsuit. But waiting even a few weeks can destroy your case. The truck’s Event Data Recorder (EDR)—the “black box” that records speed, braking, and engine performance—can be overwritten in as little as 30 days. The Electronic Logging Device (ELD) that tracks the driver’s hours of service might be cleared within six months. And the trucking company’s insurance adjuster? They’re trained to call you within 24 hours, before you’ve even seen a doctor, hoping to get a recorded statement that minimizes your claim.
That’s why our approach is different. When you call Attorney911 at 1-888-ATTY-911, we send a spoliation letter within 24 hours demanding the preservation of all electronic data, maintenance records, and driver files. Our associate attorney, Lupe Peña, spent years working on the insurance defense side—he knows exactly how trucking insurers minimize claims because he used to help them do it. Now he uses that insider knowledge to fight for Van Buren County families. As client Chad Harris told us: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Understanding the Physics: Why Truck Crashes in Van Buren County Are So Destructive
When an 18-wheeler collides with a passenger vehicle on Van Buren County roads, the physics are brutally simple. The average sedan weighs about 4,000 pounds. A fully loaded semi-truck can weigh 80,000 pounds—that’s 20 times heavier. When that much mass hits you at 65 mph on I-94, the force isn’t just doubled; it’s multiplied exponentially.
An 18-wheeler traveling at 65 mph needs approximately 525 feet to stop—nearly the length of two football fields. In winter conditions common to Van Buren County, that stopping distance stretches even further. Meanwhile, your car needs about 300 feet under ideal conditions. That gap explains why rear-end collisions with trucks are so devastating: by the time a truck driver sees brake lights ahead, they’ve already lost the race to stop.
The Federal Motor Carrier Safety Administration (FMCSA) recognizes these dangers, which is why commercial trucks are subject to strict federal regulations under 49 CFR Parts 390-399. These aren’t just suggestions—they’re federal laws that every trucking company operating in Van Buren County must follow. When they break them, people get hurt.
The Deadly Accident Types We See in Van Buren County
Jackknife Accidents: The Winter Hazard
A jackknife occurs when the trailer swings out perpendicular to the cab, creating a “V” shape that sweeps across multiple lanes. In Van Buren County, these are particularly common during our harsh winters when truck drivers hit black ice on I-94 or US-31. The truck’s trailer swings uncontrollably, often striking multiple vehicles before coming to rest.
Why it happens: Jackknifes typically result from sudden braking on slippery surfaces, improper brake adjustment, or empty trailers that lack weight to maintain traction. Under 49 CFR § 393.48, truck brakes must be properly adjusted and maintained. When trucking companies defer maintenance to save money, the brakes lock up unevenly during emergency stops, causing the trailer to swing.
Who’s liable: The driver for improper braking technique, the trucking company for negligent maintenance under 49 CFR § 396.3, and potentially the maintenance contractor if they performed substandard work. We subpoena maintenance records to prove deferred repairs.
Rollover Accidents: When Cargo Shifts on Curves
With Van Buren County’s agricultural economy, we see rollover accidents involving trucks hauling everything from apples to industrial equipment. A rollover occurs when high center of gravity meets centrifugal force on a curve—often at the I-94 exits or on rural county roads with sharp turns.
Why it happens: Improperly secured cargo that shifts during transit is a leading cause. Under 49 CFR § 393.100-136, cargo must be contained and secured to prevent shifting that affects stability. Liquid cargoes (like the chemicals transported through our region) create “slosh” effects that can topple a trailer. Speeding on curves—violating 49 CFR § 392.6—compounds the risk.
The injuries: Crushing injuries when the cab rolls, traumatic brain injuries from impact, and in worst cases, decapitation if the trailer rolls onto a smaller vehicle. These cases often involve multiple defendants: the trucking company, the cargo loader, and sometimes the shipper who demanded unrealistic delivery times.
Underride Collisions: The Most Fatal of All
An underride occurs when a passenger vehicle slides underneath the trailer of an 18-wheeler, often shearing off the roof and killing the occupants instantly. Rear underrides happen when a truck stops suddenly on I-94; side underrides occur during lane changes at the county’s many at-grade intersections.
Why it happens: Inadequate or missing underride guards. While 49 CFR § 393.86 requires rear impact guards on trailers manufactured after 1998, there’s no federal requirement for side underride guards—a deadly gap in the regulations. Poor lighting and reflectors (49 CFR § 393.11) make trailers invisible at night on Van Buren County’s dark rural roads.
Who’s liable: The trailer manufacturer if guards were defective, the trucking company for missing maintenance, and potentially the government for inadequate lighting at dangerous intersections.
Rear-End Collisions: The Physics of Impossible Stopping
When an 18-wheeler rear-ends a passenger car, the car often becomes embedded under the truck or is pushed into other vehicles. Given Van Buren County’s winter weather and the frequent stop-and-go traffic near the South Haven exits, these accidents are tragically common.
Why it happens: Following too closely (49 CFR § 392.11), distracted driving (49 CFR § 392.82 prohibits hand-held mobile phone use), and driver fatigue. A truck driver awake for 18 hours has the reaction time of someone legally drunk. Under 49 CFR § 392.3, drivers cannot operate while fatigued.
The evidence: We pull ECM data to prove the truck was following too closely and ELD records to show hours-of-service violations. Our firm has recovered millions for rear-end collision victims, including a client who received what Donald Wilcox called “a handsome check” after another firm had rejected his case.
Wide Turn Squeeze Play: Agricultural Intersections
In Van Buren County’s farming communities, trucks often swing wide to make right turns from narrow farm roads onto state highways. The “squeeze play” happens when a truck swings left before turning right, and a car enters the gap, only to be crushed when the truck completes its turn.
Why it happens: Failure to signal (49 CFR § 393.80 requires proper turn signals), inadequate mirror checks, and driver inexperience with trailer tracking. Many drivers don’t realize that the trailer’s path cuts tighter than the cab’s—creating a deadly pinch point.
Tire Blowouts: The Road Gators of I-94
The extreme temperature variations in Michigan—hot summers and frigid winters—destroy truck tires. When a steer tire blows at highway speed, the truck immediately swerves. The resulting debris (“road gators”) creates hazards for miles.
Why it happens: Under 49 CFR § 393.75, tires must have minimum tread depth (4/32″ on steer tires). Heat buildup from underinflation, overloading beyond tire ratings, and aging tires that should have been replaced all contribute. Pre-trip inspections required under 49 CFR § 396.13 should catch these issues, but rushed drivers often skip them.
Brake Failure: The Maintenance Killer
Brake problems contribute to approximately 29% of truck crashes. In Van Buren County, where long descents on I-94 toward Lake Michigan can overheat brakes, and where salt corrosion eats at brake lines, failures are particularly dangerous.
Why it happens: Negligent maintenance under 49 CFR § 396.3. Trucking companies must systematically inspect and repair brake systems. When they defer maintenance to keep trucks on the road, the air brake systems fail. 49 CFR § 393.40-55 specifies brake requirements that must be met.
How we prove it: We obtain maintenance records, driver vehicle inspection reports (DVIRs) under 49 CFR § 396.11, and post-crash brake system analysis. If the out-of-service inspection history shows repeated violations, we argue for punitive damages.
Driver Fatigue: The Hidden Epidemic
Fatigued driving causes approximately one-third of fatal truck crashes. The FMCSA Hours of Service regulations under 49 CFR Part 395 are designed to prevent this, but economic pressure often overrides safety.
The rules:
- Maximum 11 hours driving after 10 consecutive hours off duty (49 CFR § 395.3)
- No driving beyond the 14th hour on duty (49 CFR § 395.3)
- 30-minute break after 8 cumulative hours of driving (49 CFR § 395.3)
- 60/70 hour weekly limits (49 CFR § 395.3)
The reality: Drivers fudge paper logs (now replaced by ELDs) or carriers pressure them to violate limits. We see this frequently on the long haul routes through Van Buren County, where drivers push through Michigan’s winter nights to make delivery deadlines. ELD data proves these violations—and 49 CFR § 392.3 makes operating while fatigued explicitly illegal.
All the Parties Who Owe You Money
Most people think they can only sue the truck driver. That’s exactly what the trucking companies want you to think. In reality, there are up to ten potentially liable parties in a Van Buren County trucking accident—and each may carry separate insurance policies.
1. The Truck Driver
The driver who caused the crash is personally liable for negligent driving, hours-of-service violations under 49 CFR § 395, and failure to conduct pre-trip inspections under 49 CFR § 396.13. We examine their driving record, training history, and medical certification (49 CFR § 391.41).
2. The Trucking Company (Motor Carrier)
Under the doctrine of respondeat superior, employers are responsible for their employees’ negligent acts. But trucking companies can also be directly liable for:
- Negligent hiring: Failing to verify CDL qualifications (49 CFR § 391.11) or check driving records (49 CFR § 391.23)
- Negligent training: Inadequate safety instruction (49 CFR § 391.35)
- Negligent supervision: Ignoring ELD violations or pattern of unsafe driving
- Negligent maintenance: Violating 49 CFR § 396.3 systematic maintenance requirements
Trucking companies carry $750,000 to $5 million in federal minimum insurance—far more than regular auto policies.
3. The Cargo Owner/Shipper
The company that loaded berries, automotive parts, or chemicals onto that truck may have demanded overweight loading, failed to disclose hazardous materials (49 CFR § 172 requires proper classification), or pressured the carrier to violate safety rules to meet delivery windows.
4. The Loading Company
Third-party warehouses in Van Buren County that physically secure cargo may be liable under 49 CFR § 393.100 for improper securement. Shifting loads cause rollovers; inadequate tiedowns violate federal law.
5. Truck and Trailer Manufacturers
Design defects in braking systems, stability control, or fuel tank placement create liability. If the truck’s air brake system was defectively designed, the manufacturer may be strictly liable.
6. Parts Manufacturers
Defective tires, brake components, or lighting systems (49 CFR § 393.11) that fail prematurely can put liability on the parts maker.
7. Maintenance Companies
Third-party repair shops in Benton Harbor or Kalamazoo that serviced the truck may have violated 49 CFR § 396.17 annual inspection requirements or returned the vehicle with known defects.
8. Freight Brokers
Brokers who arranged the shipment may be liable for negligent carrier selection—choosing a trucking company with a poor FMCSA safety rating or history of violations documented in their CSA (Compliance, Safety, Accountability) scores.
9. Truck Owner (If Different from Carrier)
In lease-operator arrangements, the equipment owner may bear responsibility for maintenance failures under 49 CFR Part 376 lease agreements.
10. Government Entities
Van Buren County Road Commission or the Michigan Department of Transportation may share liability for dangerous road design, inadequate signage on I-94, or failure to maintain safe conditions. However, Michigan governmental immunity laws create short deadlines—notice must often be given within 120 days.
The Evidence That Wins Cases (And How It Disappears in 48 Hours)
Trucking companies don’t wait to protect themselves. Within hours of a crash on Van Buren County roads, they dispatch rapid-response teams. Their goal? Control the narrative and destroy evidence.
Critical Timeline:
- Black Box Data (ECM): Can be overwritten in 30 days or with new driving events
- ELD Logs: FMCSA requires 6-month retention, but some carriers delete sooner
- Dashcam Footage: Often deleted within 7-14 days
- Surveillance Video: Local businesses near the I-94 exits typically overwrite cameras in 7-30 days
- Physical Evidence: The truck itself may be repaired, sold, or scrapped
When you call 1-888-ATTY-911, we send an immediate spoliation letter to the trucking company, their insurer, and all potential defendants. This letter, citing Michigan and federal law, puts them on notice that destroying evidence will result in court sanctions—including the jury being instructed to assume the destroyed evidence was unfavorable to the trucker.
What We Preserve:
- ECM/EDR Data: Records speed, braking, throttle position, and steering input in the seconds before impact
- ELD Records: Proves hours-of-service violations under 49 CFR Part 395
- Driver Qualification File: Contains employment application, medical exam (49 CFR § 391.43), and driving record (49 CFR § 391.51)
- Maintenance Records: Required under 49 CFR § 396.3 for one year
- Cell Phone Records: Proves distraction violations under 49 CFR § 392.82
- Dispatch Communications: Shows pressure to violate safety rules
- Post-Crash Drug/Alcohol Tests: 49 CFR § 382.303 requires testing within 32 hours for fatalities
Our associate Lupe Peña knows how insurance companies try to hide this evidence—he used to work for them. As he explained in our $10 million University of Hazing litigation, our firm brings to light exactly what defendants want to keep hidden.
Catastrophic Injuries: When “Recovery” Means Learning to Live Again
18-wheeler accidents in Van Buren County don’t cause fender-benders—they cause life-altering trauma. The sheer physics involved means victims often face catastrophic injuries requiring lifetime care.
Traumatic Brain Injury (TBI)
The sudden deceleration causes the brain to impact the skull wall, creating diffuse axonal injury. Symptoms range from headaches and memory loss to personality changes and permanent cognitive impairment. Our firm has recovered between $1.5 million and $9.8 million for TBI victims, including a $5 million settlement for a logging accident victim. Lifetime care costs can exceed $3 million.
Spinal Cord Injuries
Paraplegia and quadriplegia result when the spine is severed or compressed. The lifetime cost of a spinal injury ranges from $1.1 million to over $5 million, not including lost wages. We litigate aggressively for maximum recovery because we understand that “good enough” medical care isn’t good enough when you’re facing 40 years in a wheelchair.
Amputations
When 80,000 pounds crushes a vehicle, limbs are often severed at the scene or require surgical amputation later due to unrepairable damage. Our amputation cases have settled between $1.9 million and $8.6 million. These funds cover prosthetics ($50,000+ per device, replaced every 5-7 years), home modifications, and vocational retraining.
Wrongful Death
When a Van Buren County family loses a loved one to a trucking accident, Michigan law allows recovery for lost future income, loss of consortium (companionship), mental anguish, and funeral expenses. Our wrongful death cases have ranged from $1.9 million to $9.5 million. We handle these cases with the compassion shown by client Kiimarii Yup, who said we helped him gain “so much in return plus a brand new truck” after he lost everything.
Hablamos Español. For Van Buren County’s Hispanic community, Lupe Peña provides fluent Spanish representation without interpreters. Llame al 1-888-ATTY-911.
Michigan Law: How Comparative Negligence Affects Your Van Buren County Case
Michigan follows a modified comparative negligence rule with a 51% bar. This means you can recover damages as long as you are not more than 50% at fault. If you’re found 30% responsible, your recovery is reduced by 30%. But if you’re 51% responsible, you recover nothing.
This is critical in Van Buren County accidents where insurance companies claim the victim “should have” avoided the truck. We fight these allegations with ECM data, accident reconstruction, and expert testimony. As client Glenda Walker said: “They fought for me to get every dime I deserved.”
Statute of Limitations: You have three years from the accident date to file suit in Michigan. For wrongful death claims, the clock starts running from the date of death. However, if a government entity is involved (like a county road commission), notice requirements may shorten this to 120 days.
No Caps on Damages: Unlike some states, Michigan does not cap compensatory damages for pain and suffering in trucking cases. Punitive damages are also available when trucking companies act with gross negligence or reckless disregard for safety—such as knowingly hiring a driver with a suspended CDL or encouraging logbook fraud.
The FMCSA Regulations That Protect You
Every truck on Van Buren County roads must comply with federal regulations under 49 CFR Parts 390-399. These aren’t bureaucratic minutiae—they’re the rules that keep you alive. When trucking companies break them, they’re negligent per se (negligent as a matter of law).
Part 390: Establishes applicability for all commercial motor vehicles over 10,001 pounds.
Part 391 (Driver Qualification): Requires valid CDL, medical certification (391.41), proper training (391.35), and prohibits drivers with certain medical conditions or substance abuse histories.
Part 392 (Driving Rules): Prohibits fatigued driving (392.3), drug/alcohol use (392.4-392.5), speeding (392.6), following too closely (392.11), and hand-held phone use (392.82).
Part 393 (Vehicle Safety): Mandates working brakes (393.40), proper lighting (393.11), and cargo securement (393.100-136).
Part 395 (Hours of Service): Limits driving to 11 hours after 10 hours off duty, mandates rest breaks, and requires ELDs to prevent logbook fraud.
Part 396 (Maintenance): Requires systematic inspection, repair, and maintenance (396.3), annual inspections (396.17), and driver vehicle inspection reports (396.11).
We cite these violations in every complaint because they prove negligence without requiring complex theories of liability.
Frequently Asked Questions: Van Buren County 18-Wheeler Accidents
Q: How much insurance do trucking companies carry?
A: Federal law mandates minimum coverage ranging from $750,000 for general freight to $5 million for hazardous materials. Most major carriers carry $1-5 million. This is why trucking cases often settle for more than regular car accidents.
Q: What if I was partially at fault for my Van Buren County accident?
A: Under Michigan’s modified comparative negligence rule, you can still recover if you’re 50% or less at fault. Your award is reduced by your percentage of fault. Even if the truck driver claims you cut him off on I-94, don’t assume you can’t recover.
Q: How long do I have to file a lawsuit in Michigan?
A: Three years for personal injury and wrongful death. But waiting is dangerous. Call 888-ATTY-911 immediately to preserve evidence.
Q: Should I talk to the trucking company’s insurance adjuster?
A: Absolutely not. Adjusters are trained to minimize your claim. They’ll ask “How are you?” hoping you’ll say “Fine”—then use that against you. Let us handle all communications. We know their playbook because Lupe Peña used to work for them.
Q: What if the trucking company is from out of state?
A: If the accident happened in Van Buren County, Michigan courts have jurisdiction. Plus, Ralph Manginello is admitted to federal court, allowing us to pursue interstate carriers under federal trucking law.
Q: How much does an attorney cost?
A: Nothing upfront. We work on contingency—33.33% if settled pre-trial, 40% if we go to court. You pay zero unless we win. As client Ernest Cano said: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
Q: What is a spoliation letter?
A: A legal notice demanding preservation of evidence. Once sent, destroying evidence subjects the trucking company to sanctions. We send these within hours of being retained.
Q: Can undocumented immigrants file claims in Michigan?
A: Yes. Immigration status does not affect your right to compensation after an accident in Van Buren County or anywhere in Michigan.
Your Next Step: Call Before the Evidence Disappears
Right now, while you read this, the trucking company that hurt you has lawyers working to protect them. Their insurance adjuster is preparing a lowball offer. Their safety director is reviewing the driver’s logs, looking for “corrections” that hide hours-of-service violations.
You need someone working just as hard for you.
Attorney911 has three offices—in Houston, Austin, and Beaumont—but we handle cases throughout Michigan and across the nation. Our federal court admission means we can represent you in Van Buren County regardless of where the trucking company is headquartered. We’ve recovered over $50 million for clients, including multi-million dollar settlements for traumatic brain injuries, amputations, and wrongful death.
We don’t just handle cases—we treat you like family. When Angel Walle hired us, she said: “They solved in a couple of months what others did nothing about in two years.” When Greg Garcia came to us after another firm dropped his case, we won. That’s what we do.
The clock is ticking. The black box data is waiting to be overwritten. The insurance company is already building their defense.
Don’t let them win. Call Attorney911 now at 1-888-ATTY-911 or (888) 288-9911. We answer 24/7. The consultation is free. You pay nothing unless we win. And we speak Spanish.
Hablamos Español. Llame ahora al 1-888-ATTY-911.
Your fight is our fight. Let’s get to work.
