CHICAGO Truck Accident ATTORNEYS
Commercial trucks are heavy duty vehicles that are extremely heavy and very large. Due to this, when they are involved in a crash, the injuries sustained by victims are some of the most severe. Any truck accident will leave you with some of the most serious injuries, lost wages if you cannot return to work right away, and a significant amount of pain and suffering.
You can likely file a claim for compensation to recover your losses if someone else was to blame for your crash. Before filing your claim, it is important to speak to our team of Chicago truck accident attorneys who can provide the legal advice you need.
Types of Truck Accidents
Truck accidents happen in a number of different ways. The most common types of truck accidents are as follows:
- Truck rollovers
- Rear-end accidents
- Head-on collisions
- Jackknife accidents
- T-bone accidents
- Sideswipe accidents
- Wide turn accidents
- Underride accidents
- Unsecured load accidents
- Blown tire accidents
Regardless of the type of truck accident you are involved in, it will result in some of the most severe injuries. If someone else caused your crash, you can file a claim against them to recover the compensation you deserve.
Common Causes of Truck Accidents
Most truck accidents are caused by the negligent actions of another person. Many times, this is the truck driver, but that is not always the case. There are many common causes of truck accidents and they include:
- Distracted driving: Truck drivers are just as likely to text while driving as other motorists on the road. However, this is not the only distraction truck drivers face. They also eat and drink on the road as they are always on the go, and they have to operate many systems while driving the truck. All of these are distractions that can take a trucker’s focus off of the road.
- Impaired driving: Due to the fact that they have to stay on the roads for long periods of time, truckers often use alcohol or drugs thinking these substances will help them stay awake.
- Speeding: Truckers must meet very strict deadlines. Or, they may want to finish their shift early and go home. In either case, truck drivers may speed to deliver loads early.
- Drowsy driving: Truck drivers put in long hours. Despite federal law that regulates how long a trucker can stay on the road, some truck drivers may stay on the road longer than this, which results in drowsy driving. Drowsy driving is so dangerous it has been likened to drunk driving in many studies.
- Cargo problems: Trucks are on the road so they can deliver goods that people use every day. When cargo is overloaded or not loaded properly, it can shift during transport, which can cause a truck driver to lose control of their vehicle.
It is always important to identify what caused your crash so you know who to hold liable for paying the compensation you need afterward.
Determining Liability After a Truck Accident
Determining liability after any accident is challenging. However, determining all of the parties who are at fault for a truck accident is much more difficult than determining fault after a crash involving two passenger vehicles. This is due to the fact that there are many more potential liable parties after a crash involving a truck. They are as follows:
- The truck driver: When a truck driver operates their vehicle in a negligent manner and causes a crash, they can be held liable.
- The trucking company: Trucking companies can also be held liable when they act negligently and it causes a crash. Negligent hiring and failing to properly train truck drivers are just two examples of negligent hiring. Additionally, when an employee of the trucking company, such as the truck driver, acts negligently the trucking company can be held liable for vicarious negligence.
- Truck manufacturers: Truck manufacturers have a legal duty to make sure any vehicle or part they manufacture is free from defects and functions properly. When manufacturers fail in this duty, they can be held liable for paying damages.
- Cargo companies: Trucking companies often use third party companies to load and unload their vehicles. When these companies, and the people who work for them, fail to do their job properly, they can be held liable for a crash.
- Maintenance providers: Just as trucking companies often hire third parties to load their vehicles, they also use other companies to maintain their trucks. When these companies do not adequately perform their job and an accident occurs as a result, maintenance providers can be held liable.
A Chicago truck accident attorney can conduct a thorough investigation to determine which party is liable for your crash so you obtain the fair settlement you deserve.
How Truck Accident Investigations are Conducted
It is critical to speak to a truck accident lawyer as soon as possible after a crash. In the hours following a collision, the trucking company will hire a team of investigators to visit the scene. These investigators will work to serve the trucking company’s interest and may not preserve evidence that is adverse to the trucking company. By contacting a lawyer, you can ensure that important pieces of evidence are preserved so you and your attorney can prove how the crash occurred. Your lawyer may collect many pieces of evidence including:
- Eyewitness accounts and police reports
- Expert witnesses, such as accident reconstruction specialists
- Black box data from the truck
- Other relevant information from the scene, such as skid marks on the road
By working with a lawyer, you can also subpoena important information from the trucking company. Employment records, inspection records, and documentation regarding the maintenance of the truck are just a few important pieces of evidence the trucking company is obligated to provide.
Our Firm has a Proven Track Record Helping Truck Accident Victims
When working with a lawyer, it is critical that they have the expertise to successfully help you obtain the maximum damages you are entitled to. We have helped our clients claim more than $50 million in damages, including the following verdicts and settlements:
- $10,000,000 for a pedestrian who was struck by a CTA bus
- $7,365,000 for a family whose father was killed in a truck accident on the Dan Ryan expressway
- Confidential settlement for a family whose teenage daughter was killed in a trucking accident a the Chinatown Red Line stop
While no one can guarantee specific results in any case, we can put our expertise to work on your case to help you obtain the full and fair settlement you deserve.
Our Truck Accident Attorneys in Chicago Can Help After a Crash
At Kennedy Watkins LLC, our Chicago truck accident attorneys have the necessary experience to help you obtain the full compensation you deserve after a crash. We are available 24 hours a day, 7 days a week, to accident victims throughout Illinois and will travel to you at no charge. You also do not pay anything unless we win your case and because we offer free consultations, you have nothing to lose by contacting us. Call us now at (312) 448-8181 or fill out our online form to speak to one of our experienced attorneys today.
FAQ
About Truck Accidents in Illinois
What Should I Do After a Truck Accident?
The most important thing to do after any truck accident is to seek medical attention. This will prevent your injuries from getting worse and will document the nature and severity of them. You should also take as many pictures as you can of the scene, the vehicles involved, and any pertinent information, such as a stop sign. Exchange information with the truck driver, making sure to obtain their driver’s license number, name, name of the company they work for, and the U.S. Department of Transportation for the trucking company.
How Much is My Truck Accident Claim Worth?
No one can determine how much any specific claim is worth without first evaluating the important facts of the case. However, you can use any loss you sustained as a guideline for determining how much your case is worth. Common damages claimed in truck accident cases include:
- Medical expenses
- Lost income
- Modifications that must be made to your home
- Pain and suffering
- Loss of consortium
- Physical therapy expenses
When determining how much your truck accident claim is worth, it is important to calculate your past, present, and future losses.
How Long Do I Have to File a Truck Accident Claim?
In Illinois, the statute of limitations is two years from the date of injury. If you fail to file your claim within this time, you will lose your legal right to claim any compensation at all.
The Insurance Company Offered Me a Settlement. Should I Accept It?
The answer to this is that it depends on whether it is enough to fully cover the cost of your injuries and other losses. You should never accept any settlement offer before speaking to a lawyer who can advise on whether it is fair or not. In general, settlement offers extended to victims who do not have an attorney are much lower than the victim would have been able to obtain with an experienced Chicago truck accident attorney.
Can I Recover Compensation if I Contributed to the Crash?
In Illinois, you can recover compensation even if you contributed to the crash as long as your percentage of fault is lower than 50 percent. Any damages you receive are then reduced by your same percentage of fault.