Hit by a Self-Driving Semi-Truck in Michigan: Who Pays?
Driverless and self-driving trucks are moving freight on Michigan roads, and a fully loaded tractor-trailer does the same damage whether a person or a computer is steering it. If one hurt you, the good news is that your right to recover does not disappear just because no human was behind the wheel. The harder question is who pays, and the answer is often more than one company. This article walks through where your medical and wage coverage comes from, who can be held responsible, and the evidence that decides these cases.
The first thing to know: no-fault still pays your bills
Michigan is a no-fault state. Under MCL 500.3105 and MCL 500.3107, personal injury protection benefits, known as PIP, pay your reasonable medical care, a portion of lost wages, and certain other costs after a motor vehicle crash, regardless of who or what caused it. That matters here because you do not have to prove that the truck’s software failed before your own medical bills start getting covered. A self-driving truck is still a motor vehicle, and the ordinary rules for finding the right no-fault insurer still apply, usually starting with your own policy or a resident relative’s policy.
So the first path to money is the same as any Michigan crash, and it does not turn on the technology at all. The technology question comes in when you want more than PIP.
Who was driving when no human was driving
To recover for pain and suffering, and to reach beyond no-fault, you generally have to show that someone was at fault. When a machine was steering, that raises a question the law has already started to answer. Michigan passed an automated vehicle law in 2016, and it addresses exactly this point. An automated driving system, often shortened to ADS, is the combination of sensors, cameras, and software that can drive a vehicle without a person controlling it.
Under MCL 257.665, when that system is engaged and running the truck without a human operator, the automated driving system is treated as the driver or operator for purposes of the traffic and motor vehicle laws. In plain terms, the law does not let a crash fall into a gap just because a computer was in control. It puts the driving system in the driver’s seat, and responsibility follows from there to the people and companies standing behind that system.
The parties who can be on the hook
Because a self-driving truck involves more players than a normal crash, more than one defendant is often responsible. Depending on the facts, that can include several of the following.
- The trucking company that put the truck on the road. The motor carrier that owns or runs the truck is responsible for how its equipment operates, whether it chose to run an automated system, and whether it maintained and monitored that system properly. Federal motor carrier safety rules still apply to these trucks.
- The maker or developer of the driving system. If the sensors, software, or self-driving system was defective and that defect caused the crash, the manufacturer or developer can face a product liability claim.
- A safety driver or remote operator. Many of these trucks still have a person expected to monitor the drive and take control, sometimes from inside the cab and sometimes remotely. If that person failed to intervene when they should have, that failure can be part of the case.
- Other ordinary defendants. A maintenance contractor, a company that loaded the trailer, or another driver can share fault the same way they would in any truck crash.
When the truck itself was defective
If the self-driving system misread the road, failed to brake, or made an unsafe move on its own, the claim starts to look like a product case against the company that built it. Michigan product liability law sets the standard. Under MCL 600.2946 and MCL 600.2946a, an injured person can pursue a manufacturer for a production defect that made the product unreasonably dangerous, subject to specific proof requirements.
The automated vehicle law adds two wrinkles worth knowing. Under MCL 257.665a, a manufacturer is generally shielded from liability for a defect caused by someone modifying the system without the manufacturer’s consent, which can shift the focus to whoever made the change. And under MCL 257.665b, in the specific setting of an approved on-demand automated vehicle project, the vehicle manufacturer assumes liability for incidents in which the automated driving system is at fault. These provisions are narrow, but they show the law already contemplates the manufacturer answering for what the system does.
The evidence that decides these cases
A self-driving truck records an enormous amount of data about what it sensed and what it did in the seconds before impact. Sensor logs, camera feeds, and the automated system’s own decision records can show whether the system saw you, whether it braked, and why it acted as it did. That data usually sits with the trucking company or the manufacturer, which means it can be lost or overwritten if no one moves quickly to preserve it.
This is where an early legal hold matters. A letter demanding that the carrier and the manufacturer preserve the truck, its data, and its logs can be the difference between proving what happened and guessing at it. The company defending the truck has this information from day one. An injured person has to ask for it, and ask before it is gone.
What to do if a driverless truck hurt you
- Get medical care and keep every record. Your treatment history is both your health and the backbone of your claim, and gaps in care get used against injured people later.
- Do not give a recorded statement before you understand your rights. An off-the-cuff answer to an adjuster can be twisted into an admission that hurts you.
- Ask that the truck and its data be preserved right away. The sensor and system logs are the case, and they belong to the other side until someone forces the issue.
- Do not accept an early number. These claims often involve several responsible companies and serious injuries, and the first offer rarely reflects that.
Frequently Asked Questions
A computer was driving the truck. Can I still sue anyone?
Yes. Michigan law does not let a crash escape responsibility because software was in control. Under MCL 257.665, when the automated driving system is engaged, it is treated as the driver, and the trucking company, the maker of the system, and any human monitor can each be responsible depending on what went wrong. You may have more than one defendant, not none.
Will no-fault pay my medical bills even though no person was driving?
Generally yes. PIP benefits under MCL 500.3105 and 500.3107 pay for reasonable medical care and a share of lost wages regardless of fault, and a self-driving truck is still a motor vehicle. Your bills do not wait on proving the technology failed.
Who is at fault, the trucking company or the manufacturer?
It can be either or both. If the company ran or maintained the truck carelessly, that points to the carrier. If the driving system was defective, that points to the manufacturer or developer under Michigan product liability law. Sorting this out is exactly why the truck’s data matters.
The truck had a safety driver who did nothing. Does that matter?
It can. A person who was supposed to monitor the drive and take control, whether sitting in the cab or operating remotely, can be part of the claim if they failed to act when a reasonable operator would have. Their conduct is judged alongside the system’s.
How long do I have to act?
Move quickly. Michigan generally allows one year to pursue no-fault PIP benefits and three years to file an injury lawsuit, and the truck’s data can be lost long before those deadlines if no one demands that it be preserved.
Hurt by a self-driving truck in Michigan?
Free consultation with Manny Chahal, no fee unless we recover, call 1-844-624-2425
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