Truck Accident Lawyer | Chicago, IL
If you’ve been injured in a truck accident, don’t settle for a fraction of what you’re owed! Fight back with the best Illinois truck accident attorneys. No fee unless we win. Call our office now: (312) 629-1212.
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Car accidents that result in injuries or worse happen every day in the Chicago area, and sometimes these accidents involve large trucks. Trucks including commercial trucks, tractor trailers, and cargo tankers drive through Chicagoland each day and the damage and injuries from an accident involving these trucks can be severe and involve long recovery times. If you or a loved one has been injured in an accident involving a truck, you need to speak to our truck accident attorneys at the Good Law Group.
The Good Law Group is a truck accident law firm that can help victims of truck accidents throughout Chicagoland receive compensation. Our attorneys have experience handling personal injury cases involving truck accidents and we will help build your case to hold the drivers and trucking companies responsible for your injury.
Call The Good Law Group at (800) 419-7606 to schedule a free case evaluation with our truck accident lawyers.
Why Call Our Truck Accident Attorneys
Chicagoland is at the heart of our nation and a major transportation hub. Because of this, many commercial trucks and semis pass through the Chicago area each day, increasing the risk of Chicago drivers being involved in a truck accident. The increased number of cars on the road since the end of the pandemic and traffic congestion that comes with this also makes truck accidents more likely.
If you have been involved in an accident involving a truck that was caused by the driver’s negligence or reckless actions, you should talk to our truck accident attorneys. We will help you hold the drivers and trucking companies responsible for the harm they have caused you and help secure appropriate compensation.
What are the Most Common Causes of Truck Accidents?
There are many potential causes of truck accidents on the roads and highways. According to the Federal Motor Carrier Safety Administration (FMCSA), the following are the main causes of truck accidents:
- Braking problems (14%)
- Driving too fast for conditions (11%)
- Unfamiliarity with the specific road (11%)
- Problems with the roadway (10%)
- Over-the-counter drug use (9%)
- Inadequate surveillance (7%)
- Fatigue (6%)
- Pressure on driver from trucking company (6%)
- Illegal driving maneuver (5%)
- Not paying attention (4%)
The top four causes can be exacerbated by the weather and poor conditions of the roadways and highways which are common issues throughout the Chicago area.
How Dangerous are Accidents Involving a Truck?
The average truck weighs about 8,000 pounds which is twice as much as the average car, while semi-trucks can way up to 80,000 pounds. The difference in weight between cars and trucks, especially large semis and commercial trucks, can lead to serious personal injuries or even death for those in personal vehicles who are hit by trucks.
The following are the most common injuries sustained in an accident involving a truck:
- Head injuries including traumatic brain injuries and concussions
- Internal organ damage
- Burns from fires or explosions
- Neck injuries
- Crush injuries including fractures and compressed nerves
- Spinal cord injuries, herniated discs, and compression fractures
- Joint and tendon damage
- Life-threatening injuries and death
It is also important to consider the risk of additional damage caused by a truck accident including fires, rollovers, flying debris, and chemical spills.
What Should I Do After Being Involved in a Truck Accident?
If you are involved in an accident with a truck, it is important to take the right actions in the aftermath for your safety:
- Seek medical attention: You should seek medical attention as soon as possible after the accident. In most cases, EMTs will be on the scene, and they will be able to start treatment for your injuries. Make sure to get a description of your injuries from a doctor so it can be used for your insurance claim.
- Report the accident: No matter what the truck driver says, it is best to report the accident to the police. The official police report of the accident will help provide proof for your personal injury case.
- Exchange insurance information: While waiting for the police to arrive, exchange insurance and vehicle registration information with the truck driver. The police can get this information if the driver is uncooperative with you.
- Provide the facts for the report: Give the police the facts of what happened so they can be included in the report. If you are not sure if you are injured immediately after the crash, do not say that you are uninjured. You may be sore the next day and realize you have an injury.
- Document the scene: If possible, take pictures and videos of the scene of the accident to document the damage to both vehicles. The photos and video you take will help support your claim.
Should I Settle with the Trucking Company?
The trucking company may call you soon after the accident to offer you a settlement. However, the settlements offered by trucking companies are usually much less than you could receive from an injury claim. They may also offer you a settlement while you are still receiving treatment for your injuries. If you accept a settlement offer before you have finished receiving treatment, you cannot ask the trucking company for more if the settlement you get is not enough to cover the rest of your treatment.
If the trucking company or their insurance provider reaches out to you with a settlement, do not sign or agree to anything until you speak with our semitruck accident lawyers. We can review the settlement and advise you on the best course of action.
Who Can Be Held Liable for a Truck Accident?
If you are injured in a truck accident and seeking compensation, there are several parties involved who you may be able to hold accountable. You can bring a lawsuit against the driver, trucking company, cargo loading company, and parts manufacturers as well as municipal, county, state, or national authorities responsible for implementing trucking regulations and handling road construction and maintenance.
Who you can hold liable for your injury will depend on the nature of the accident.
Truck Driver Liability
Truck drivers are responsible for engaging in safe driving practices, maintaining their vehicles, and properly securing their cargo. If they breach any of these responsibilities and cause an accident, they can be held personally liable for the resulting injuries and losses. You can sue truck drivers if they engaged in negligent behaviors that caused the accident such as speeding, distracted or drowsy driving, not following traffic rules, or failing to maintain their vehicles or secure their cargo properly.
Trucking Company Liability
Trucking companies are responsible for training their drivers to safely operate their trucks and providing regular maintenance and inspections on their vehicles to ensure they are in good working condition. This means that the companies can be held liable if there is an accident involving one of their drivers and vehicles. Even trucking companies that use independent contractors as their drivers could still be held liable for truck accidents.
The court will determine if a trucking company can be held liable for an accident by considering the following:
- Control over the driver
- The nature of the company/driver relationship or contract
- Who sets the working hours and routes
- Method of payment
- Driver’s ability to accept or decline routes
- Insurance coverage requirements for the driver
Cargo Shipper and Loader Liability
In many cases, the cargo on trucks is loaded by the shipper or loader. They may be responsible for packing, sealing, loading, and securing the cargo as well as double checking that the cargo is properly loaded or secured. If an accident occurs due to overloading or the load not being properly secured, you could hold the cargo shipper and loader liable.
Parts Manufacturer Liability
Many accidents involving trucks are caused by tire blowouts, steering issues, and brake failures. If these accidents are determined to be caused by defective parts instead of poor maintenance, then you can hold the manufacturers or distributors of the parts liable.
Government Liability
You may be able to hold city, county, or state governments liable in a couple of different ways. If the accident involved a government owned vehicle, such as a bus, fire truck, or utility truck, you could hold the government agency that owns the vehicle liable. This is because agencies are responsible for the maintenance of their vehicles as well as the training for their drivers. You can also hold government agencies liable for poor maintenance or disrepair of the roadways that caused the accident.
How Much Compensation Can I Get for my Truck Accident?
The amount of compensation you could receive for your truck accident will depend on the circumstances of the accident. The following factors can influence your compensation:
- Severity of injuries: The severity of your injuries can affect your compensation as more severe injuries will require more care and a longer recovery time. The more severe the injuries, the more likely you are to receive compensation. Getting statements from doctors and eyewitnesses can help establish the severity of your injuries.
- Police report: The police report will include an account of what happened as well as a statement of who is at fault. If the driver is found at fault, then you are more likely to get compensation.
- Medical care: It helps to seek medical care immediately after the accident, even if you are not sure you were hurt. You increase your chances of receiving compensation by seeking medical care right away.
Types of Compensation
Victims of truck accidents may receive compensation for three types of damages: economic damages, non-economic damages, and punitive damages:
- Economic damages: These damages are an easily quantified dollar amount to cover medical costs, property damage, out-of-pocket expenses, past and future loss of income, and loss of earning power.
- Non-economic damages: These damages cover pain and anguish including emotional distress, humiliation, scarring and disfigurement, and loss of enjoyment of activities.
- Punitive damages: These are damages meant to punish grossly negligent or intentional behaviors to help prevent similar cases.
There is no cap on the compensation you can be awarded in Illinois.
Can I Receive Compensation if I’m Partially Responsible for the Accident?
If you are found to be partially at fault for the accident, you may still receive compensation under Illinois’ modified comparative fault rule. If the court finds you partially at fault, they will assign a percentage of negligence the represents your liability in the accident. If you are found to be more than 50 percent at fault, you will not be entitled to compensation. If you are found less than 50 percent at fault, the percentage you are assigned is the percentage taken out of your available compensation.
What if My Loved One Died in a Truck Accident?
You may be able to receive compensation if a family member was killed in a truck accident. The executor of the deceased’s estate can file a wrongful death lawsuit and get compensation for the surviving spouse or next of kin. The factors that determine the amount of damages may include your reliance on the deceased and associated grief and mental anguish. The court will determine the amount and distribution of the compensation among the next of kin.
What is the Statute of Limitations for Truck Accident Lawsuits in Illinois?
Under the Illinois statute of limitations, people injured by truck accidents have two years from the date of the accident to file a lawsuit. This also includes lawsuits for wrongful death involving a truck accident. There are a few exceptions to the statute of limitations, but it is best to talk to an attorney and file a lawsuit within the two-year period.
Call the Good Law Group – Auto Accident Attorneys – Chicago and Illinois
If you have been injured in a truck accident in the Chicago area and believe you may be entitled to compensation, call our truck accident attorneys at The Good Law Group. We have years of experience handling truck accident cases, and we can help build your case and recover the compensation you deserve.
Give us a call at (800) 419-7606 to schedule a free case evaluation for your truck accident. You will not pay a fee or out of pocket cost unless we secure compensation.
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