An 80,000-pound truck doesn’t care about the ice on US-10. When an 18-wheeler loses control on the black ice covering Clare County’s highways, physics takes over—and physics doesn’t negotiate. If you’re reading this because a commercial truck changed your life in an instant, you’re not alone. Every year, families across Michigan’s Lower Peninsula face the devastating aftermath of trucking accidents, and the path to justice starts with understanding what happened and who can be held accountable.
At Attorney911, we’ve spent over 25 years fighting for people just like you. Ralph Manginello, our managing partner, has been standing up to trucking companies since 1998, securing multi-million dollar settlements for catastrophic injuries while holding corporate defendants accountable. Our associate attorney, Lupe Peña, spent years working inside insurance defense firms—now he uses that insider knowledge to fight against the very tactics he once deployed. With offices in Houston, Austin, and Beaumont, we serve trucking accident victims nationwide, including right here in Clare County, Michigan.
The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to minimize your claim. You need someone who moves just as fast. Call 1-888-ATTY-911 now. We answer 24/7, and we send spoliation letters immediately to preserve critical black box data before it disappears.
Why 18-Wheeler Accidents in Clare County Are Different
Clare County sits at the crossroads of major Michigan freight corridors. US-10 cuts east-west through the county, connecting Lake Michigan ports to the Thumb region, while US-127 runs north-south, carrying freight between Michigan’s industrial centers and the Ohio border. Add in the proximity to I-75—the primary interstate artery running through the Great Lakes State—and you’ve got a perfect storm of heavy truck traffic moving through challenging terrain.
The geography here matters. Clare County’s position in the northern Lower Peninsula means lake-effect snow from Lake Michigan and Lake Huron creates treacherous conditions six months out of the year. Black ice forms quickly on US-10’s rolling hills. I-75’s high-speed corridor runs just west of the county line, funneling interstate commerce through areas where winter storms reduce visibility to near-zero. These aren’t just hypothetical dangers—this is the reality of trucking in northern Michigan.
When you mix 80,000 pounds of steel with ice, fatigue, and tight delivery schedules, catastrophic accidents become inevitable. And when they happen, the trucking companies don’t waste time. They dispatch rapid-response teams within hours, sometimes before the ambulance arrives. Their goal? Secure evidence that helps them, destroy evidence that helps you.
That’s why you can’t wait. Michigan gives you three years to file a personal injury lawsuit after a trucking accident, but evidence has a much shorter shelf life. Electronic Control Module (ECM) data—your case’s black box evidence—can be overwritten in 30 days. Driver logs might only be kept for six months. Witnesses forget. Skid marks fade. Every day you delay, the trucking company gains an advantage.
Michigan Law: What Clare County Accident Victims Need to Know
Michigan operates under a modified comparative negligence system with a 51% bar rule. Here’s what that means for you: as long as you’re not more than 50% at fault for the accident, you can recover damages. However, your compensation gets reduced by your percentage of fault. If you’re found 20% at fault, you recover 80% of your damages. But if you’re 51% or more at fault, you recover nothing.
This is crucial in trucking cases because trucking companies and their insurers love to play the blame game. They’ll argue you were speeding for conditions, that you didn’t signal properly, or that you should have seen the truck coming. Without an attorney who knows how to counter these tactics, you could see your recovery slashed—or eliminated entirely.
The statute of limitations in Michigan gives you three years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the clock starts ticking three years from the date of death, not necessarily the date of the accident. While three years might sound like plenty of time, trucking cases require extensive investigation. We need to subpoena the driver’s qualification file, analyze ECM data, review maintenance records, and often bring in accident reconstruction experts. The sooner you call, the stronger your case will be.
Unlike some states, Michigan does not cap punitive damages in trucking accident cases. This matters because when trucking companies act with gross negligence—like knowingly putting a fatigued driver on the road or ignoring maintenance violations to save money—juries can award additional damages to punish the company. Recent “nuclear verdicts” across the country, including a $462 million underride case in 2024, show that juries are willing to hold trucking companies accountable when evidence proves systematic safety violations.
Federal Safety Regulations: The Rules Trucking Companies Break
Every commercial truck operating in Clare County must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations codified in 49 CFR Parts 390 through 399. These regulations exist because 18-wheelers are inherently dangerous, and when companies cut corners to maximize profits, people die.
Part 390: General Applicability
This section establishes who must comply with federal trucking laws. Any vehicle with a Gross Vehicle Weight Rating (GVWR) over 10,001 pounds engaged in interstate commerce falls under these regulations. Most 18-wheelers weigh up to 80,000 pounds—well above this threshold. When a trucking company operates in Michigan but carries cargo across state lines, they must follow these federal rules regardless of where the accident occurs.
Part 391: Driver Qualification Standards
Before a driver can legally operate a commercial truck, they must meet strict qualification requirements under 49 CFR § 391.11. They must be at least 21 years old for interstate commerce, able to read and speak English, physically qualified through a Department of Transportation medical examination, and possess a valid Commercial Driver’s License (CDL).
The trucking company must maintain a Driver Qualification (DQ) File containing the employment application, motor vehicle records from each state where the driver held a license, proof of road testing or equivalent, medical examiner’s certificates, and annual driving record reviews. When we investigate your Clare County trucking accident, we subpoena these files immediately. Missing documentation or failure to verify a driver’s history can prove negligent hiring—a direct path to holding the company liable beyond the driver’s individual negligence.
Part 392: Driving of Commercial Motor Vehicles
This section contains the operational rules that prevent accidents. Under 49 CFR § 392.3, no driver can operate a commercial vehicle while their ability or alertness is impaired through fatigue, illness, or any other cause. Section 392.4 prohibits drug use, while § 392.5 bars alcohol use within four hours of duty or being under the influence while operating.
Section 392.11 requires trucks to maintain safe following distances—something many drivers ignore on icy Michigan highways. Section 392.82 explicitly bans hand-held mobile phone use while driving, a common cause of distracted driving accidents on US-127.
Part 393: Parts and Accessories Necessary for Safe Operation
This section governs vehicle equipment. For Clare County’s winter conditions, § 393.75 regarding tire maintenance is critical. Tires must have minimum tread depth—4/32 inch for steer tires and 2/32 inch for drive tires. Section 393.40-55 establishes brake system requirements, mandating that all trucks have properly functioning service brakes, parking brakes, and emergency brakes.
In winter accidents, we often find that trucking companies failed to maintain adequate tire tread for snow and ice, or that brake systems were improperly adjusted. These violations create direct liability when a truck jackknifes on US-10 or plows into stopped traffic during a whiteout.
Part 395: Hours of Service (HOS)
This is where we find some of the most damning evidence in trucking cases. Fatigue causes approximately 31% of fatal truck crashes, and federal law strictly limits driving time to prevent it.
Under 49 CFR § 395.3, property-carrying drivers face strict limits:
- Maximum 11 hours driving after 10 consecutive hours off duty
- Cannot drive beyond the 14th consecutive hour after coming on duty
- Must take a 30-minute break after 8 cumulative hours of driving
- Cannot exceed 60 hours in 7 days or 70 hours in 8 days (with a 34-hour restart to reset the clock)
Since December 18, 2017, most trucks must use Electronic Logging Devices (ELDs) under § 395.8. Unlike the paper logbooks drivers used to falsify, ELDs sync with the truck’s engine and record objective data about speed, location, and driving time. This data proves whether the driver was violating hours-of-service regulations when they caused your accident on an icy Clare County highway.
Part 396: Inspection, Repair, and Maintenance
Trucking companies must systematically inspect and maintain their vehicles under § 396.3. Drivers must conduct pre-trip inspections and submit post-trip reports noting any defects. Annual inspections are mandatory, and maintenance records must be retained for one year.
When a truck’s brakes fail on the downhill slope of US-10, or when a tire blowout causes a rollover near Clare, we examine these maintenance records. Deferred repairs, skipped inspections, or ignored driver complaints about vehicle safety constitute negligence under federal law.
Types of 18-Wheeler Accidents in Clare County
Not all trucking accidents are the same, and understanding the specific type of accident helps us identify the responsible parties and gather the right evidence.
Jackknife Accidents
A jackknife occurs when the trailer swings out perpendicular to the cab, folding like a pocket knife. On Clare County’s icy roads, this often happens when a driver brakes too hard on snow or black ice. The trailer swings across multiple lanes, sweeping up everything in its path. These accidents often violate 49 CFR § 393.100 regarding cargo securement or § 392.6 regarding speed for conditions.
Rollover Accidents
Michigan’s rolling terrain and sharp curves on US-127 and US-10 create rollover risks, especially when trucks carry liquid cargo that “sloshes” and shifts the center of gravity. Rollovers frequently involve violations of § 393.100 cargo securement regulations or § 392.6 speed restrictions. When a fully loaded tanker rolls over on a Clare County curve, the driver was likely traveling too fast for the turn.
Underride Collisions
Among the deadliest accidents, underrides occur when a smaller vehicle slides underneath the trailer. Rear underride guards are required under § 393.86, but many are poorly maintained or inadequate. Side underride guards aren’t federally mandated, making side impacts with passenger vehicles particularly deadly. These accidents often result in decapitation or catastrophic head injuries.
Rear-End Collisions
An 18-wheeler needs up to 525 feet to stop from 65 mph—nearly two football fields. On icy Michigan highways, that distance doubles or triples. When a truck rear-ends a passenger vehicle on US-10, we investigate whether the driver violated § 392.11 (following too closely) or § 395 (hours of service causing fatigue).
Wide Turn Accidents (“Squeeze Play”)
Trucks swinging wide to make right turns often trap passenger vehicles in the gap. These accidents typically violate § 392.2 traffic laws or § 392.11 unsafe lane changes. Clare County’s tighter rural intersections can exacerbate these dangers when trucks attempt turns inappropriate for their size.
Blind Spot Accidents (“No-Zones”)
18-wheelers have massive blind spots on all four sides. The right-side blind spot is particularly dangerous—extending from the cab door backward and across multiple lanes. Violations of § 393.80 mirror requirements or § 392.11 lane change procedures often cause these accidents.
Tire Blowout Accidents
Michigan’s temperature extremes—blistering summer heat followed by brutal winter cold—accelerate tire deterioration. Underinflated tires overheat and explode, causing loss of control. These often violate § 393.75 tire maintenance standards or § 396.13 pre-trip inspection requirements.
Brake Failure Accidents
Brake problems contribute to approximately 29% of truck crashes. In Michigan’s hills, brake fade from overheating or improperly adjusted air brakes can be catastrophic. These accidents involve violations of § 393.40-55 brake requirements or § 396.3 maintenance obligations.
Cargo Spill and Shift Accidents
When improperly secured cargo shifts on a curve or spills onto US-127, the trucking company violated § 393.100-136 cargo securement rules. Michigan’s industrial freight—automotive parts, manufacturing materials, agricultural products—requires specific securement protocols that many companies ignore to save time.
Head-On Collisions
Driver fatigue, distraction, or impairment causes trucks to drift into oncoming traffic on two-lane sections of US-10. These often involve hours-of-service violations or § 392.3 operating while impaired.
The 10 Liable Parties: Why One Isn’t Enough
Most law firms sue the driver and the trucking company and call it a day. That’s a mistake that costs victims millions. In Clare County trucking accidents, up to ten different parties might share liability, and every additional defendant means additional insurance coverage.
-
The Truck Driver: Direct negligence through speeding, distraction, fatigue, impairment, or failure to inspect. We subpoena cell phone records, drug test results, and driving history.
-
The Trucking Company/Motor Carrier: Vicarious liability under respondeat superior when the driver is an employee. Direct negligence for negligent hiring (failing to check the driver’s record), negligent training, negligent supervision, or negligent maintenance. These companies carry $750,000 to $5 million in federal insurance—often the primary recovery source.
-
Cargo Owner/Shipper: When the company loading the truck demands overweight cargo, fails to disclose hazardous materials, or creates unrealistic delivery schedules pressuring drivers to violate hours-of-service rules.
-
Cargo Loading Company: Third-party warehouses or distribution centers that physically load trailers often secure cargo improperly. Under 49 CFR § 393.100, they share liability for securement failures.
-
Truck Manufacturer: Design defects in braking systems, stability control, or fuel tank placement. When a truck’s safety systems fail during a critical moment on an icy Michigan highway, we investigate recall notices and technical service bulletins.
-
Parts Manufacturer: Defective tires, brake components, or steering mechanisms. We preserve failed components for expert analysis to prove product liability.
-
Maintenance Company: Third-party shops that performed negligent repairs or returned trucks to service with known defects. Their invoices and work orders become critical evidence.
-
Freight Broker: Companies arranging transportation but not operating trucks. When brokers select carriers with poor safety records or inadequate insurance to cut costs, they commit negligent selection.
-
Truck Owner (if different from carrier): In owner-operator arrangements, the entity owning the equipment may be liable for negligent entrustment or failure to maintain.
-
Government Entity: Clare County or the Michigan Department of Transportation might share liability for dangerous road design, inadequate signage, or failure to maintain safe road conditions—particularly regarding black ice warnings or curve banking.
The 48-Hour Evidence Emergency
Here’s what the trucking company doesn’t want you to know: they start building their defense immediately. While you’re in the hospital, their lawyers are already on the scene. While you’re grieving, they’re downloading data from the truck’s computer.
Critical Evidence Timeline:
- ECM/Black Box Data: Overwrites in 30 days or with new driving events
- ELD Log Data: Only required to be kept for 6 months
- Dashcam Footage: Often deleted within 7-14 days
- Driver Drug/Alcohol Tests: Must be conducted within specific windows post-accident
- Witness Statements: Memories degrade within weeks
- Physical Evidence: Trucks get repaired, sold, or scrapped
That’s why we send spoliation letters within 24 hours of being retained. These formal legal notices demand preservation of all evidence related to the accident. Once a company receives our spoliation letter, destroying evidence becomes spoliation—a serious legal violation that can result in court sanctions, adverse inference instructions (the jury is told to assume destroyed evidence was unfavorable), or even default judgment.
What We Preserve Immediately:
- ECM/EDR data showing speed, braking, and throttle position before impact
- ELD records proving hours-of-service violations
- Driver Qualification Files showing hiring negligence
- Maintenance records revealing deferred repairs
- Dispatch communications showing schedule pressure
- Cell phone records proving distraction
- GPS data confirming route and timing
- The physical truck and trailer for inspection
- Cargo manifests and loading documentation
Without this evidence, you’re relying on the trucking company’s word about what happened. And their word is worthless when millions of dollars are at stake.
Catastrophic Injuries: The Human Cost
When 80,000 pounds collides with 4,000 pounds, catastrophic injury is inevitable. The physics are brutal—an 80,000-pound truck traveling at 60 mph carries roughly 80 times the kinetic energy of a passenger car.
Traumatic Brain Injury (TBI): The force of impact causes the brain to strike the inside of the skull, resulting in concussions, contusions, or diffuse axonal injury. Moderate to severe TBIs can require millions in lifetime care. Our firm has recovered between $1.5 million and $9.8 million for TBI victims, depending on severity and long-term prognosis.
Spinal Cord Injury: Damage to the spinal cord disrupts communication between brain and body. Paraplegia (loss of lower body function) or quadriplegia (loss of all four limbs) results. Lifetime care costs range from $1.1 million to over $5 million, not including lost wages or non-economic damages.
Amputation: Crush injuries from truck accidents often require surgical amputation of limbs. Prosthetics cost $5,000 to $50,000 each and require replacement every few years. We’ve secured settlements between $1.9 million and $8.6 million for amputation cases.
Severe Burns: When fuel tanks rupture or hazmat cargo ignites, victims suffer third-degree burns requiring skin grafts, multiple surgeries, and lifelong scar management.
Internal Organ Damage: The blunt force trauma of a truck impact causes liver lacerations, spleen rupture, kidney damage, and internal bleeding that may not show symptoms for hours.
Wrongful Death: When trucking accidents kill, surviving family members suffer loss of companionship, financial support, and emotional devastation. Michigan law allows recovery for lost income, loss of consortium, mental anguish, funeral expenses, and punitive damages in cases of gross negligence. Our wrongful death recoveries range from $1.9 million to $9.5 million.
Insurance Coverage: The Numbers Matter
Federal law mandates that trucking companies carry substantial liability insurance:
- $750,000: Minimum for general freight (non-hazardous)
- $1,000,000: Required for oil, large equipment transport
- 5,000,000: Required for hazardous materials
These limits vastly exceed Michigan’s minimum auto insurance requirements ($50,000/$100,000 bodily injury), meaning catastrophic injuries can actually be compensated rather than leaving victims with unpaid medical bills.
However, accessing these policies requires knowing how to prove federal violations, establish liability against corporate defendants, and document damages comprehensively. The trucking company has adjusters trained to minimize payouts. You need someone who knows their playbook.
Our associate attorney, Lupe Peña, formerly worked for a national insurance defense firm. He knows exactly how adjusters evaluate claims, what triggers their “red flags,” and when they’re bluffing versus when they’ll pay. That insider knowledge translates directly into higher settlements for our clients.
As client Glenda Walker told us after her case resolved: “They fought for me to get every dime I deserved.” That’s our promise to every Clare County trucking accident victim we represent.
Frequently Asked Questions
How long do I have to file a lawsuit after a trucking accident in Clare County?
Michigan gives you three years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, you have three years from the date of death. However, waiting is dangerous. Critical evidence like ECM data and witness statements disappear quickly. Contact us immediately at 1-888-ATTY-911.
What should I do immediately after a truck accident?
Call 911 and seek medical attention, even if you feel fine. Photograph everything—vehicle damage, the accident scene, road conditions, and your injuries. Get the truck driver’s name, CDL number, and insurance information. Get witness contact information. Do not give recorded statements to insurance adjusters. Then call Attorney911.
Who can be sued in a trucking accident case?
Potentially ten parties: the driver, trucking company, cargo owner, loading company, truck manufacturer, parts manufacturer, maintenance company, freight broker, truck owner, and government entities. We investigate every possible defendant to maximize your recovery.
What is a spoliation letter and why does it matter?
A spoliation letter is a legal notice demanding the trucking company preserve all evidence related to the accident. Once they receive it, destroying evidence becomes a serious legal violation. We send these within 24 hours of being retained.
How much is my case worth?
Values depend on injury severity, medical costs, lost wages, pain and suffering, and available insurance. Trucking cases often involve $750,000 to $5 million in coverage. We’ve recovered multi-million dollar settlements for traumatic brain injury, amputation, and wrongful death cases.
What if the trucking company claims I was partially at fault?
Michigan uses modified comparative negligence. If you’re 50% or less at fault, you can recover damages reduced by your percentage of fault. If you’re 51% or more at fault, you recover nothing. We fight to minimize your assigned fault percentage.
Do I need a lawyer if the insurance company offered a settlement?
YES. Initial offers are typically lowball amounts designed to close your claim cheaply before you understand your full injuries. Never accept a settlement without consulting an attorney. Once you accept, you waive all future claims.
What are hours of service violations?
Federal law limits truck drivers to 11 hours of driving after 10 hours off duty, with required breaks. Violations cause fatigue-related accidents. We subpoena ELD data to prove violations.
Can I sue if my loved one died in a trucking accident?
Yes. Michigan law allows wrongful death claims by spouses, children, parents, and estate representatives. You can recover lost income, loss of companionship, mental anguish, and funeral expenses.
What does “contingency fee” mean?
You pay nothing upfront. We only get paid if we win your case. Our standard fee is 33.33% pre-trial or 40% if litigation is required. We advance all costs of investigation and litigation.
How long will my case take?
Simple cases might settle in 6-12 months. Complex cases involving catastrophic injuries or multiple defendants can take 18-36 months. We work efficiently while maximizing your recovery.
What if I don’t have health insurance for my injuries?
We can help you find medical providers who work on a Letter of Protection (LOP), meaning they get paid from your settlement. Don’t let lack of insurance prevent treatment.
Can undocumented immigrants file trucking accident claims?
Yes. Immigration status does not affect your right to compensation for injuries caused by someone else’s negligence.
What makes Attorney911 different from other law firms?
Our managing partner has 25+ years of experience and federal court admission. Our associate attorney is a former insurance defense lawyer who knows the industry’s tactics. We have recovered over $50 million for clients, have a 4.9-star rating from over 251 reviews, and treat clients like family—not case numbers.
Your Next Step: Call Attorney911 Today
The trucking company has lawyers working right now to protect their interests. They have investigators at the scene, adjusters analyzing police reports, and corporate attorneys reviewing liability exposure. What they’re hoping is that you’ll wait too long to call a lawyer, that you’ll accept their first lowball offer, that you’ll sign away your rights before you understand the full extent of your injuries.
Don’t let them win.
At Attorney911, we don’t just accept cases—we fight for families. Ralph Manginello has been making trucking companies pay since 1998. We’ve gone toe-to-toe with Fortune 500 corporations like BP in the Texas City Refinery litigation. We’re currently litigating a $10 million lawsuit against a major university for hazing injuries. We have the resources, experience, and tenacity to take on the largest trucking companies in America.
But more importantly, we treat you like family. As client Chad Harris said: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” We answer our phones 24/7. We return calls promptly. We keep you updated every step of the way. And we don’t get paid unless you win.
If you’ve been hurt in an 18-wheeler accident in Clare County, Harrison, Farwell, or anywhere in Michigan, call 1-888-ATTY-911 right now. The consultation is free. The call is confidential. And the time to act is now—before evidence disappears, before the statute of limitations expires, before the trucking company builds an insurmountable defense.
You didn’t ask to be hit by a truck. But you can choose to fight back. Choose Attorney911.
Hablamos Español. Llame a Lupe Peña al 1-888-288-9911 para una consulta gratis.
Attorney911 | The Manginello Law Firm
1-888-ATTY-911 (1-888-288-9911)
Serving Clare County and All of Michigan
Houston | Austin | Beaumont
Legal Emergency Lawyers™
