Commercial Vehicle Accidents

Commercial Vehicle Accidents in Michigan: Bigger Vehicles, Bigger Insurance, Bigger Stakes

When a commercial vehicle — a delivery truck, a box truck, a company van, a fleet vehicle, a service truck — causes an accident, the dynamics change fundamentally from a typical car crash. Commercial vehicles are heavier, causing more severe injuries on impact. Commercial vehicles carry commercial auto insurance with higher policy limits. And commercial vehicle operators are on the clock for their employer, which means the employer is liable for the driver's negligence under respondeat superior. More defendants and more insurance coverage means more potential recovery — but also more aggressive defense teams fighting to minimize that recovery.

At Koussan Law, I represent people injured by commercial vehicles across Michigan. These cases overlap with but are distinct from trucking accidents (which involve semi-trucks and tractor-trailers subject to federal motor carrier regulations). Commercial vehicle accidents involve the wide universe of business-operated vehicles that aren't semi-trucks but are still heavier, more dangerous, and better insured than personal vehicles.

Why Commercial Vehicle Accidents Produce Larger Claims

Higher insurance limits: Commercial auto policies typically carry $1 million or more in liability coverage — compared to the $50,000/$100,000 minimum for personal auto. This means adequate coverage actually exists for serious injuries, unlike many personal auto claims where the at-fault driver's policy is hopelessly inadequate.

Employer liability: Under respondeat superior, the employer is vicariously liable for the driver's negligence when the driver was acting within the scope of employment. The employer's commercial general liability insurance is an additional source of coverage beyond the auto policy.

Negligent hiring/training/supervision: If the employer hired a driver with a poor driving record, failed to train them properly, or failed to supervise their driving behavior, the employer has independent liability beyond respondeat superior. These direct negligence claims can support punitive damages in egregious cases.

Frequently Asked Questions

Q: What types of vehicles qualify as \"commercial vehicles\"?

Any vehicle operated for business purposes: delivery vans and trucks, service and repair vehicles (plumbers, electricians, HVAC), company cars and fleet vehicles, construction vehicles on public roads, real estate and sales vehicles, shuttle and transport services, and any vehicle with commercial plates. The key factor isn't the size of the vehicle — it's whether it was being operated for a commercial purpose, which triggers commercial insurance coverage and employer liability.

Q: Can I sue the company even if the driver was an independent contractor?

Potentially yes. Companies often classify drivers as independent contractors to avoid liability. But Michigan courts look at the actual level of control the company exercises over the driver — scheduling, routes, vehicle maintenance, uniforms, training. If the company controls how the work is performed (not just what work is performed), the driver may be deemed an employee regardless of the contractor label. I also pursue direct negligence claims against the company for negligent selection and supervision of contractors.

Q: What evidence should I preserve after a commercial vehicle accident?

Photograph the commercial vehicle — including any company name, logo, DOT number, license plate, and vehicle number. Get the driver's name, employer name, and insurance information. Note whether the driver appeared fatigued, distracted, or impaired. Photograph the scene, vehicle damage, and your injuries. Then contact an attorney immediately — commercial vehicle operators are required to maintain driver qualification files, vehicle maintenance records, and trip logs that I can subpoena but that can be altered or destroyed without a timely preservation demand.

Q: What is the statute of limitations for a commercial vehicle accident claim in Michigan?

Three years from the date of the accident under MCL § 600.5805. PIP benefits have a one-year-back rule under MCL § 500.3145. Government-owned commercial vehicle claims require 120-day notice under MCL § 691.1404. Employer liability claims follow the same three-year statute.