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Truck Accident Lawsuit Filed

Posted on July 24th 2009

Our Michigan truck accident lawyers just filed a serious truck accident accident lawsuit arising out of a West Michigan truck accident.  The accident happened in Muskegon County at the intersection of  Apple Road and Newaygo Road.  The suit alleges that the truck driver was negligent and crashed into our client’s passenger vehicle. 

Our client suffered serious orthopedic injuries, a head injury, and other painful and major injuries.  He required extensive medical treatment and will continue to do so in the future.  The injuries have also disabled him from his work as an electrician.  Under Michigan law, he is receiving Michigan No-Fault Insurance Benefits for his medical expenses, lost wages, and other essential services.  His insurance company is voluntarily paying these benefits.

The lawsuit was filed in the Wayne County Circuit Court.  The suit seeks personal injury damages from the trucking company for non-economic damages, like pain and suffering, and economic damages, like wage loss claims that go beyond the three years that the No-Fault Insurance Company must pay.  The truck company has not yet filed an answer to the lawsuit.

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Biomechanical Experts & Truck Accident Cases

Posted on July 15th 2009

Biomechanical Experts

When representing victims in Michigan truck accident lawsuits, I face a number of “defenses” from the trucking companies.  First, the trucking company denies responsibility for the accident.  Second, the trucking company blames the victim for causing the accident. 

Next, the trucking company hires doctors and pays them a lot of money to say that the victim was not actually injured in the accident.  Often, to supoort this defense, they will hire a biomechanical  to provide “expert testimony” that the forces of a particular auto accident were incapable of causing significant injury to the occupants. 

Essentially, these so called biomechanical experts to argue to a jury that a particular plaintiff could not have been injured in a low impact and/or low property damage accident.  This new trend has emerged in numerous trial courts, not only in Michigan, but throughout the United States.  Most often, these experts appear in caseswhere the Plaintiff has sustained an injury to the neck or back (such as a herniated disc) or in cases involving a traumatic brain injury (closed head injury).

Many courts, including those in Michigan, have found that the opinions of these experts are not reliable and not based upon proper scientific analysis.  With proper preparation and cross-examination, many of these experts have been stricken by the courts and not permitted to testify at trial.  M firm has strongly and successfully fought to preclude this type of testimony from being introduced in auto accident cases.

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