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Oakland County 18-Wheeler Accident Attorneys: Attorney911 Brings 25+ Years of Federal Court Experience and $50+ Million Recovered Including $5M+ Brain Injury and $3.8M+ Amputation Verdicts, Led by Ralph Manginello with Former Insurance Defense Attorney Lupe Peña Exposing Carrier Tactics, FMCSA 49 CFR Regulation Masters and Black Box Evidence Experts for Jackknife, Rollover, Underride Crashes, TBI, Spinal Cord, Amputation and Wrongful Death Specialists Serving Oakland County Courts and Highways – Free 24/7 Consultation, No Fee Unless We Win, 4.9 Star Google Rating with 251+ Reviews, Legal Emergency Lawyers™, Hablamos Español, Call 1-888-ATTY-911

February 25, 2026 31 min read
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Oakland County 18-Wheeler Accident Attorneys: Fighting for Michigan Trucking Victims

The impact was catastrophic. You’re driving on I-75 through Oakland County, perhaps heading to work in Troy or returning home to Rochester Hills, when 80,000 pounds of steel changes everything. In that instant—before you can process the screeching tires or the crushing force—your life veers onto a path you never asked for.

You’re not alone. Every year, thousands of Michiganders are injured in commercial truck crashes. And if you’re reading this from a hospital room in Royal Oak, or from your kitchen table in Bloomfield Hills while trying to sort through medical bills, you need to know something critical: the trucking company already has lawyers working to minimize what they owe you. What are you doing to protect yourself?

At Attorney911, we don’t let trucking companies push Oakland County families around. Ralph Manginello has spent over 25 years fighting for injury victims since 1998, and our firm has recovered over $50 million for families across the country. We’ve gone toe-to-toe with Fortune 500 corporations like BP—and we know exactly how to hold negligent truckers and their corporate employers accountable under Michigan law.

But here’s the truth: evidence disappears fast. Black box data can be overwritten in 30 days. Dashcam footage gets deleted. Witnesses forget details. If you’ve been hurt in an 18-wheeler accident anywhere in Oakland County—from the Chrysler Tech Center in Auburn Hills to the interchanges at I-696 and I-75—you need to act now.

Call 1-888-ATTY-911 immediately for a free consultation. We answer calls 24/7 because trucking accidents don’t wait for business hours.

Why 18-Wheeler Accidents in Oakland County Are Different

Let’s be clear: a truck crash isn’t just a “bigger car accident.” The physics alone make these cases fundamentally different. A fully loaded semi weighs up to 80,000 pounds—twenty times the weight of your sedan. At highway speeds on I-96 or M-1, that truck needs nearly two football fields to stop. When it doesn’t stop in time, the results are devastating.

But the differences don’t end with physics. Oakland County sits at the crossroads of Michigan’s commerce. We have:

  • I-75, the primary north-south freight corridor connecting Detroit to Flint and beyond
  • I-696, the Walter P. Reuther Freeway, serving as a major east-west trucking route through Southfield and Warren
  • I-96, connecting Detroit to Lansing and Grand Rapids
  • M-1 (Woodward Avenue) and I-94, feeding heavy commercial traffic

These aren’t just roads—they’re shipping arteries. Oakland County’s manufacturing heritage means parts suppliers, logistics hubs, and distribution centers generate massive truck traffic year-round. When winter hits and ice covers these interstates, the risk of catastrophic jackknife or multi-vehicle pileup accidents skyrockets.

Michigan gives you three years to file a personal injury lawsuit (Michigan Compiled Laws § 600.5805(2)). But waiting is dangerous. Under Michigan’s modified comparative negligence system, if you’re found more than 50% at fault, you recover nothing. That’s why documentation and immediate legal action matter from day one.

The Attorney911 Advantage: Experience That Wins in Oakland County

You might be wondering: “With so many lawyers advertising on I-75 billboards, why choose Attorney911 for my Oakland County truck accident case?”

25+ Years of Federal Court Experience

Ralph Manginello has represented trucking accident victims since 1998. He’s admitted to the U.S. District Court, Southern District of Texas, which matters because many trucking cases involve interstate commerce and federal regulations. When you’re facing a trucking company that operates across state lines, you need an attorney who understands federal jurisdiction—not just local traffic court.

Since founding Attorney911 (also known as The Manginello Law Firm, PLLC) in 2001, Ralph has built a reputation for aggressive representation. But more importantly, he’s built a track record of multi-million dollar settlements:

  • $5+ million for a traumatic brain injury victim struck by a falling log
  • $3.8+ million for a client who suffered a partial leg amputation after a car crash
  • $2.5+ million for a commercial truck crash victim
  • $2+ million for a maritime worker with a back injury

Currently, Ralph and Associate Attorney Lupe Peña are litigating a $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity—a case that generated coverage on KHOU, ABC13, and the Houston Chronicle, demonstrating our firm’s ability to handle complex, high-stakes litigation against well-funded defendants.

The Insurance Defense Advantage

Here’s what sets us apart from every other personal injury firm advertising in Oakland County: Our team includes an attorney who used to work for insurance companies.

Lupe Peña, our Associate Attorney, spent years at a national insurance defense firm before joining Attorney911. He knows exactly how commercial trucking insurers evaluate claims, train their adjusters to minimize payouts, and use software like Colossus to undervalue your suffering. He watched them deny legitimate claims. Now he uses that insider knowledge to fight FOR you.

As Lupe told ABC13 Houston in a recent interview about our fraternity hazing case: “If this prevents harm to another person, that’s what we’re hoping to do. Let’s bring this to light. Enough is enough.”

That same tenacity applies to your trucking case. We know their playbook because we used to be in their huddle.

Recognized Results, Real Relationships

Don’t just take our word for it. Here’s what clients say:

Chad Harris said: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Glenda Walker told us: “They fought for me to get every dime I deserved.”

Donald Wilcox came to us after another firm rejected his case. His result? “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”

Kiimarii Yup lost everything in an accident—his car totaled, his life disrupted. A year later: “I lost everything… 1 year later I have gained so much in return plus a brand new truck.”

That’s the Attorney911 difference. We don’t treat you like a case number. We treat you like family because, for 25 years, Ralph Manginello has believed that Oakland County families deserve better than quick settlements and dismissive treatment.

Resources to Win

With offices in Houston, Austin, and Beaumont, Texas, we serve trucking accident victims across the country—including right here in Oakland County. We offer:

  • 24/7 availability through 1-888-ATTY-911
  • Fluent Spanish services through Lupe Peña (no interpreters needed)
  • Contingency fee representation—you pay nothing unless we win
  • Immediate evidence preservation including spoliation letters sent within 24 hours

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.

Michigan Law: What Oakland County Truck Accident Victims Must Know

Before we dive into how trucking accidents happen and who’s responsible, you need to understand the legal framework in Michigan. Unlike our Texas offices where the statute of limitations is just two years, Michigan gives you three years from the date of your accident to file a personal injury lawsuit (MCL § 600.5805). For wrongful death claims, you also have three years.

But don’t let that longer timeline make you complacent. Evidence disappears faster than the law allows you to wait.

Michigan’s Comparative Negligence Rule

Michigan follows a modified comparative negligence system with a 51% bar rule. This means:

  • 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

This is different from “pure” comparative fault states where you could recover even if 99% at fault. In Oakland County courts—from the Oakland County Circuit Court in Pontiac to federal court in Detroit—juries will determine fault percentages. And trucking companies will do everything they can to shift blame onto you.

That’s why proving FMCSA violations is critical. When we prove the trucker violated federal safety regulations, it becomes much harder for them to claim you were majority at fault.

Michigan’s No-Fault Insurance (A Special Consideration)

Michigan’s unique no-fault auto insurance system affects how we handle truck accident cases. Initially, your own auto insurance pays for medical expenses and lost wages regardless of fault. But for serious injuries involving 18-wheelers, we often pursue additional claims against the trucking company for:

  • Non-economic damages (pain and suffering)
  • Excess medical expenses beyond your no-fault coverage
  • Punitive damages (in Michigan, there’s no cap on punitive damages for trucking accidents)

The threshold for suing in Michigan requires proving you’ve suffered a “serious impairment of body function”—and trust us, getting hit by an 80,000-pound truck usually clears that bar.

Federal Regulations That Protect Oakland County Drivers

Every commercial truck operating on I-75, I-696, or Woodward Avenue must comply with strict Federal Motor Carrier Safety Administration (FMCSA) regulations. When trucking companies violate these rules, they create the dangerous conditions that cause crashes.

49 CFR Part 390: Who Must Comply

These regulations apply to all commercial motor vehicles (CMVs) with a Gross Vehicle Weight Rating (GVWR) over 10,001 pounds, vehicles designed to transport 16+ passengers, or any vehicle hauling hazardous materials requiring placards. In Oakland County, this includes not just long-haul trucks but local delivery vehicles, construction equipment haulers, and tankers serving our manufacturing sector.

49 CFR Part 391: Driver Qualification Standards

Before a driver can legally operate an 18-wheeler in Michigan, they must:

  • Be at least 21 years old for interstate commerce (18 for intrastate)
  • Possess a valid Commercial Driver’s License (CDL)
  • Pass a medical examination certifying physical fitness (renewed every 2 years maximum)
  • Understand English sufficiently to read road signs and converse with officials
  • Complete entry-level driver training

The Driver Qualification (DQ) File is the trucking company’s record proving they verified all these requirements. When we investigate your Oakland County accident, we subpoena this file immediately. If the company hired a driver with a history of DUIs, failed to verify their medical certification, or skipped background checks, that’s negligent hiring—and grounds for substantial liability.

49 CFR Part 392: The Rules of the Road

This section contains rules for actual vehicle operation:

  • § 392.3: No driver shall operate while fatigued, ill, or impaired. This applies to both drivers AND carriers who pressure them to drive unsafely.
  • § 392.4 & 392.5: Strict prohibitions on drugs and alcohol. A driver cannot consume alcohol within 4 hours of driving or have any measured alcohol concentration while on duty.
  • § 392.11: Following too closely (tailgating) is prohibited. Given that trucks need 40% more stopping distance than cars, this violation often causes rear-end crashes on I-75 rush hour traffic.
  • § 392.82: Hand-held mobile phone use and texting while driving are prohibited for commercial drivers. We subpoena cell phone records to prove distraction.

49 CFR Part 393: Vehicle Safety & Cargo Securement

This section governs equipment and loading:

  • § 393.40-55: Brake system requirements. All CMVs must have properly functioning service brakes, parking brakes, and air brake systems maintained within specifications. Brake problems factor into 29% of truck crashes.
  • § 393.100-136: Cargo securement rules. Cargo must be contained, immobilized, or secured to prevent leaking, spilling, or shifting. Tiedowns must withstand specific force thresholds: 0.8g deceleration forward, 0.5g rearward, and 0.5g lateral.

When cargo shifts on an icy curve entering I-696 from I-75, the result is often a rollover accident. When brakes fail on the downgrade approaching the Chrysler Tech Center, the result is catastrophic.

49 CFR Part 395: Hours of Service (HOS) Regulations

This is the most commonly violated regulation—and the most deadly.

Federal law limits property-carrying drivers to:

  • 11 hours maximum driving after 10 consecutive hours off duty
  • 14 hours maximum on-duty window (cannot drive beyond the 14th consecutive hour after coming on duty)
  • 30-minute break required after 8 cumulative hours of driving
  • 60/70 hour limits over 7/8 days, with a 34-hour restart option

Since December 18, 2017, most drivers must use Electronic Logging Devices (ELDs) that automatically record driving time and sync with the vehicle engine. This data is objective and tamper-resistant—it proves whether the driver who hit you on I-75 had been awake for 20 hours or had taken their mandated rest breaks.

We send spoliation letters within 24 hours to preserve this data before it can be overwritten.

49 CFR Part 396: Inspection and Maintenance

Motor carriers must systematically inspect, repair, and maintain their vehicles. Requirements include:

  • Pre-trip inspections by drivers before each day’s operation
  • Post-trip reports covering brakes, steering, lighting, tires, and coupling devices
  • Annual inspections by qualified mechanics with documentation retained for 14 months

When trucking companies defer brake maintenance to save money during Michigan’s harsh winter months, they endanger everyone on I-96. We obtain maintenance records to prove they knew their equipment was unsafe.

Types of 18-Wheeler Accidents in Oakland County

Every truck accident is unique, but certain collision types dominate Oakland County’s highways—especially when winter weather hits Southeast Michigan.

Jackknife Accidents (Winter Weather Risk: CRITICAL)

A jackknife occurs when the trailer skids outward, folding at an angle like a pocket knife. In Oakland County, these commonly happen when:

  • Drivers brake suddenly on ice-covered I-75 near the Oakland-Macomb county line
  • Empty or lightly loaded trailers lose traction on I-696 during January snowstorms
  • Drivers attempt emergency maneuvers without proper training

Jackknifes often block multiple lanes, causing secondary pileups. FMCSA § 393.48 (brake systems) and § 392.6 (speeding for conditions) are typically violated in these crashes.

Rollover Accidents (Curve and Weather Related)

Oakland County’s highway system includes challenging curves, particularly on entrance ramps to I-696 and the transition between I-75 and M-1. When 80,000-pound trucks take these curves too fast—especially with top-heavy loads or liquid cargo that can “slosh” and shift the center of gravity—rollover accidents occur.

These crashes often involve:

  • Violations of § 393.100 (cargo securement)
  • Speeding violations under § 392.6
  • Fatigue-related errors under § 392.3

Given Oakland County’s proximity to automotive plants, many trucks carry heavy manufacturing equipment. Improper loading and securement create deadly rollover risks.

Underride Collisions (The Most Fatal)

Perhaps the most horrific truck accidents involve underride—when a passenger vehicle slides underneath the trailer. Side underride accidents at intersections along Woodward Avenue or Telegraph Road can shear off the top of a car. Rear underride crashes on I-75 when traffic suddenly stops can crush passenger compartments.

While 49 CFR § 393.86 requires rear impact guards on trailers manufactured after January 26, 1998, these guards sometimes fail or are improperly maintained. There is currently no federal requirement for side underride guards, though advocacy continues following high-profile crashes.

Rear-End Collisions (Following Too Close)

An 18-wheeler traveling at 65 mph needs approximately 525 feet to stop—nearly two football fields. When truckers follow too closely in heavy traffic on I-75 through Troy or Royal Oak, they can’t stop in time.

These accidents often involve violations of:

  • § 392.11 (following too closely)
  • § 392.82 (distraction from cell phones)
  • § 393.48 (brake failures from deferred maintenance)

Wide Turn Accidents (“Squeeze Play”)

Oakland County’s urban centers—Birmingham, Ferndale, Royal Oak—have narrower streets that challenge large trucks making right turns. When an 18-wheeler swings wide left before turning right, passenger vehicles in the blind spot get crushed. These accidents typically violate § 392.11 (unsafe lane changes) and Michigan traffic laws regarding improper turns.

Blind Spot Accidents (No-Zone Crashes)

Trucks have massive blind spots on all four sides—the “No-Zones.” The right-side blind spot is particularly dangerous and extends several lanes wide. When truckers change lanes on I-696 without checking mirrors or properly adjusting them, they side-swipe vehicles.

§ 393.80 requires mirrors providing a clear view to the rear on both sides. Failure to maintain proper mirrors constitutes negligence.

Tire Blowout Accidents

Michigan’s freeze-thaw cycles create potholes that damage tires, and summer heat on I-75 can cause blowouts in poorly maintained tires. When a steer tire blows out, the truck immediately becomes uncontrollable, often leading to jackknives or rollovers.

§ 393.75 specifies tire requirements including tread depth (4/32″ minimum on steer tires), while § 396.13 requires pre-trip tire inspections.

Brake Failure Accidents

Brake problems contribute to approximately 29% of large truck crashes. Given Oakland County’s topography—particularly the grades approaching and exiting I-696 and I-275—brake failure can be catastrophic.

§ 396.3 requires systematic maintenance, while § 396.11 mandates post-trip brake condition reports. When carriers defer maintenance to save money, we use these violations to prove negligence and pursue punitive damages.

Cargo Spill and Shift Accidents

Oakland County’s manufacturing economy means trucks haul everything from automotive parts to hazardous chemicals. When cargo shifts during transport—particularly liquid loads in tankers—or when improper securement causes spills on I-75, the results include:

  • Multi-vehicle collisions from spilled cargo
  • Hazardous material exposure
  • Rollovers from shifted weight

Violations of § 393.100-136 (cargo securement) in these cases often prove the trucking company’s negligence.

Every Potentially Liable Party in Your Oakland County Truck Accident

Unlike car accidents where usually only one driver is at fault, trucking accidents often involve multiple responsible parties. We investigate all of them because more defendants means more insurance coverage means higher compensation for you—including economic damages for medical bills and lost wages, non-economic damages for pain and suffering, and potentially punitive damages under Michigan law.

1. The Truck Driver

The driver who caused your accident may be personally liable for:

  • Speeding or reckless driving on I-75
  • Distracted driving (texting or dispatch communications)
  • Fatigued driving beyond HOS limits
  • DUI violations (Oakland County Sheriff’s Office aggressively enforces commercial vehicle DUI)

2. The Trucking Company/Motor Carrier

Most trucking companies carry $750,000 to $5 million in federal minimum insurance depending on cargo type. They’re liable through:

  • Respondeat superior: Vicarious liability for employees acting within scope of employment
  • Negligent hiring: Failing to verify CDL status or driving history
  • Negligent training: Inadequate safety instruction, especially for winter driving in Michigan
  • Negligent supervision: Failing to monitor ELD compliance
  • Negligent maintenance: Skipping brake repairs or tire replacements

We obtain Driver Qualification Files, CSA safety scores, and dispatch records to prove direct corporate negligence.

3. Cargo Owner/Shipper

Companies like automotive suppliers in Pontiac or Auburn Hills may be liable if they required:

  • Overweight loading exceeding vehicle ratings
  • Unrealistic delivery schedules forcing HOS violations
  • Improper loading instructions for hazardous materials

4. Cargo Loading Company

Third-party warehouses in Oakland County that loaded the truck may be liable for:

  • Violations of § 393.100-136 (improper securement)
  • Unbalanced load distribution causing rollovers
  • Failure to use proper tiedowns or blocking

5. Truck/Trailer Manufacturer

Defective brake systems, stability control failures, or underride guard defects may trigger product liability claims against manufacturers. We work with engineering experts to analyze failed components.

6. Parts Manufacturer

Companies that produced defective tires, brake components, or steering systems may share liability under strict product liability theories.

7. Maintenance Companies

Third-party mechanics who performed negligent repairs or failed to identify critical safety issues may be liable. We obtain repair orders and mechanic training records.

8. Freight Brokers

Brokers who arranged transportation without verifying carrier safety records or insurance may face liability for negligent selection.

9. Truck Owner (If Different from Carrier)

In owner-operator situations, the owner who leased equipment may share liability for negligent entrustment if they knew the driver was unqualified.

10. Government Entities

When dangerous road design contributes to accidents—such as inadequate signage on Oakland County’s high-speed interchanges or failure to clear ice—we may pursue claims against government agencies. Note: Michigan governmental immunity laws impose strict notice requirements and shorter deadlines, so immediate action is essential.

The 48-Hour Evidence Preservation Protocol

In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident—sometimes before the ambulance leaves the scene.

Critical timelines:

  • ECM/Black box data: Overwrites in 30 days (sometimes sooner with new driving events)
  • ELD data: Minimum retention only 6 months under FMCSA rules
  • Dashcam footage: Often deleted within 7-14 days
  • Surveillance video from nearby businesses: Typically overwrites in 7-30 days
  • Witness memories: Degrade significantly within weeks

That’s why we implement an aggressive 48-hour Evidence Preservation Protocol for every Oakland County trucking case:

Immediate Spoliation Letters

Within 24 hours of being retained, we send formal spoliation letters to:

  • The trucking company
  • Their insurer
  • The driver
  • Any maintenance companies
  • Freight brokers
  • Vehicle manufacturers

These letters put defendants on legal notice that destruction of evidence will result in severe sanctions, including adverse jury instructions (where the judge tells the jury to assume destroyed evidence would have been unfavorable to the trucking company).

Electronic Data Preservation

We demand immediate preservation of:

  • Engine Control Module (ECM) data showing speed, braking, and throttle position
  • Event Data Recorder (EDR) “black box” information
  • Electronic Logging Device (ELD) records proving HOS compliance
  • GPS and telematics tracking data
  • Dashcam footage (forward-facing and cab-facing)
  • Dispatch communications and Qualcomm data
  • Cell phone records

Physical Evidence

We demand preservation of:

  • The actual truck and trailer
  • Failed components (tires, brakes, couplings)
  • Cargo and securement devices
  • The driver’s log books (if paper logs still exist)

Driver and Company Records

We subpoena:

  • Complete Driver Qualification File
  • Three years of motor vehicle records
  • Drug and alcohol test results
  • Training records and certifications
  • Six months of hours-of-service records
  • Maintenance and inspection logs
  • Previous accident history
  • Insurance policies and coverage details

Important: Once we serve a litigation hold, destroying evidence constitutes spoliation, which can lead to default judgments or punitive damages. But this only works if we act before the destruction occurs.

Call 1-888-ATTY-911 immediately after your Oakland County truck accident. Every hour you wait, evidence vanishes.

Catastrophic Injuries: The Real Cost of Oakland County Truck Accidents

When an 80,000-pound truck hits a 4,000-pound passenger vehicle, catastrophic injuries are the norm, not the exception. The physics are brutal: force equals mass times acceleration. An 18-wheeler carries roughly 20 times the kinetic energy of a car at the same speed.

Traumatic Brain Injury (TBI)

Even “minor” truck accidents can cause concussions or severe TBI. Symptoms include:

  • Confusion and memory loss
  • Chronic headaches
  • Mood changes and depression
  • Difficulty concentrating
  • Sleep disturbances

Settlement ranges for TBI cases: $1.5 million to $9.8 million+ depending on severity, cognitive impairment, and need for lifelong care.

Spinal Cord Injury and Paralysis

The crushing forces of truck accidents often damage the spinal cord, resulting in:

  • Paraplegia (loss of lower body function)
  • Quadriplegia (loss of all four limbs)
  • Incomplete injuries with partial function loss

Lifetime care costs: $3.5 million to $5 million+ for quadriplegia; $1.1 million to $2.5 million+ for paraplegia. These figures don’t include pain and suffering or lost wages.

Amputation

When a truck’s impact crushes limbs or when infection necessitates surgical removal, amputation victims face:

  • Prosthetic costs ($5,000-$50,000 per device, replaced every few years)
  • Extensive rehabilitation
  • Permanent disability and career limitations
  • Phantom limb pain

Settlement ranges: $1.9 million to $8.6 million.

Severe Burns

Tanker truck accidents or fires from fuel spills can cause disfigurement requiring multiple skin grafts and reconstructive surgeries.

Internal Organ Damage

Blunt force trauma from truck impacts can rupture organs, requiring emergency surgery and potentially causing lifelong complications.

Wrongful Death

When trucking accidents kill Oakland County residents, surviving families may pursue:

  • Lost future income and benefits
  • Loss of consortium and guidance
  • Mental anguish
  • Funeral expenses
  • Punitive damages for gross negligence

Settlement ranges: $1.9 million to $9.5 million+ depending on decedent’s age, earning capacity, and dependents.

Michigan allows recovery of both economic and non-economic damages in wrongful death cases, with no statutory cap on pain and suffering awards against private trucking companies.

Insurance Coverage: Why Trucking Cases Are High Value

Federal law mandates minimum insurance coverage far exceeding typical auto policies:

Cargo Type Federal Minimum
General freight (non-hazmat) $750,000
Oil/petroleum $1,000,000
Hazardous materials $5,000,000

Many carriers carry $1-5 million or more in coverage. Unlike Michigan’s no-fault auto insurance with its $250,000/$500,000 optional coverage limits, commercial trucking policies are designed to cover catastrophic losses.

This matters for Oakland County victims because:

  1. Catastrophic injuries can actually be compensated rather than leaving you with unpaid medical bills
  2. There are often multiple insurance policies available (primary liability, excess/umbrella, trailer interchange, cargo)
  3. Deep-pocketed corporate defendants can pay nuclear verdicts when juries hold them accountable

Recent “nuclear verdicts” in trucking cases include a $462 million verdict in Missouri (2024) for an underride accident and a $730 million Texas verdict involving an oversize load fatality. While every case is different, these awards demonstrate that juries will punish trucking companies for egregious safety violations.

Frequently Asked Questions About Oakland County Truck Accidents

Q: How long do I have to file a truck accident lawsuit in Oakland County?

A: Michigan law gives you three years from the accident date to file a personal injury lawsuit (MCL § 600.5805). For wrongful death, you also have three years. However, you should never wait that long. Critical evidence like black box data can be overwritten in 30 days, and witness memories fade rapidly. Contact us immediately.

Q: What if the trucking company claims the accident was my fault?

A: Michigan uses modified comparative negligence with a 51% bar. 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. That’s why proving the trucker violated FMCSA regulations is crucial—it establishes their negligence and protects your recovery.

Q: Can I sue if I was partially at fault?

A: Yes, as long as you’re not more than 50% responsible. For example, if you’re awarded $500,000 but found 20% at fault, you recover $400,000. Our job is to minimize your assigned fault percentage by proving the trucker’s violations.

Q: What is a spoliation letter?

A: It’s a formal legal notice sent within 24 hours of retaining us, demanding the trucking company preserve all evidence including ECM data, ELD logs, maintenance records, and driver files. Once sent, destroying evidence becomes spoliation—a serious legal violation that can result in sanctions or default judgment.

Q: How much is my Oakland County truck accident case worth?

A: Value depends on injury severity, medical expenses (past and future), lost wages, pain and suffering, and available insurance. Trucking companies carry $750,000 to $5 million+ in coverage. We’ve recovered settlements from hundreds of thousands to millions depending on the circumstances. Call us for a specific evaluation.

Q: What if the truck driver was an independent contractor?

A: We investigate all relationships. The contracting company may still be liable under respondeat superior if they controlled the driver’s work. Additionally, owner-operators often carry their own insurance policies we can access.

Q: How do you prove the driver was fatigued?

A: We subpoena ELD data showing hours of service, analyze ECM data for erratic driving patterns, review dispatch records for unrealistic schedules, and depose the driver about their rest. Violations of 49 CFR Part 395 (HOS rules) prove fatigue.

Q: What are punitive damages and can I get them?

A: Punitive damages punish trucking companies for gross negligence or willful misconduct—like knowingly hiring dangerous drivers or falsifying inspection records. Michigan has no cap on punitive damages for trucking accidents against private defendants, making these cases potentially very valuable.

Q: Will my case go to trial?

A: Most settle, but we prepare every case as if it’s going to trial. Insurance companies offer better settlements when they know your attorney will actually litigate. Ralph Manginello has over 25 years of courtroom experience, and we’re not afraid to take cases to verdict if that’s what justice requires.

Q: How much does it cost to hire Attorney911?

A: Nothing upfront. We work on contingency—you pay no attorney fees unless we win. We advance all investigation costs. Our fee is a percentage of your recovery (typically 33.33% pre-trial, 40% if trial is necessary). If we don’t recover, you owe nothing.

Q: Do you handle cases in Spanish?

A: Sí. Associate Attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Muchos miembros de nuestro personal también hablan español. Llame al 1-888-ATTY-911.

Q: What if I can’t afford medical treatment?

A: We can help connect you with medical providers who treat on a Letter of Protection (LOP), meaning they get paid from your settlement. Don’t let lack of insurance delay needed care.

Q: The insurance company offered me a quick settlement. Should I take it?

A: Never accept the first offer without consulting an attorney. Early offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Once you accept, you waive your right to additional compensation.

Q: How long will my case take?

A: Simple cases with clear liability and moderate injuries might resolve in 6-12 months. Complex cases with catastrophic injuries or disputed liability can take 1-3 years. We work efficiently while maximizing your recovery.

Q: What makes Attorney911 different from other Oakland County law firms?

A: Three critical differences: (1) 25+ years of experience with federal court admission and Fortune 500 litigation experience; (2) Insider knowledge from our former insurance defense attorney who knows how trucking insurers operate; and (3) Immediate evidence preservation protocols that protect your case before evidence disappears.

Q: Can I file a claim if my loved one died in a trucking accident?

A: Yes. Michigan’s Wrongful Death Act allows surviving spouses, children, and parents to recover damages including lost income, loss of consortium, and mental anguish. You have three years from the date of death.

Q: What if the truck was carrying hazardous materials?

A: Hazmat trucks must carry $5 million in minimum insurance. These cases often involve additional regulatory violations under 49 CFR Part 397 and may justify punitive damages for mishandling dangerous cargo.

Q: Do I really need a lawyer for a “minor” truck accident?

A: Yes. Trucking companies have teams of lawyers and adjusters whose job is to minimize your claim. Even “minor” injuries from 80,000-pound impacts can develop into serious conditions. We ensure you receive full compensation, not just whatever the insurance company offers.

Your Fight Starts Now: Call Attorney911

If you’ve made it this far, you understand the stakes. You know that trucking companies have lawyers working right now to protect their interests. You know that evidence is disappearing every day you wait. And you know that the difference between a minimal settlement and maximum recovery often comes down to having the right attorney.

Ralph Manginello has spent over two decades making trucking companies pay for the devastation they cause. Our associate Lupe Peña brings insider knowledge from his years defending insurance companies. Together, we’ve recovered over $50 million for clients—and we’re ready to fight for you.

We know Oakland County. We understand Michigan’s unique no-fault system and comparative negligence laws. We have the federal court experience to handle interstate trucking cases. And we have the resources to take on Fortune 500 carriers.

But we can’t help if you don’t call.

1-888-ATTY-911
(888) 288-9911
ralph@atty911.com

Available 24/7. Free consultations. No fee unless we win.

Don’t let the trucking company win. Your family deserves justice. Your future deserves protection. Call Attorney911 today.

Attorney911 / The Manginello Law Firm, PLLC
Serving Oakland County, Michigan and truck accident victims nationwide
Houston • Austin • Beaumont • Federal Court Admission

Disclaimer: The information provided is for educational purposes and does not constitute legal advice. Past results do not guarantee future outcomes. Every case is unique. Contact an attorney to discuss your specific situation. Michigan law may affect your rights and deadlines.

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