Truck Accident Lawyer in Chicago

Truck Accident Lawyer Chicago

You don’t need to be a highway patrolman or traffic safety expert to understand that large trucks pose high risks on Illinois roadways.  Anyone who has driven a tractor trailer or has had to share the road with one knows that due to the size, weight and speed of semi-trucks, they need more time and distance to stop or avoid road hazards.  Trucks have larger blind spots, can more easily lose control, and can cause tremendous damage to other vehicles in a collision. In 2021, tractor-trailers and semi-trucks were involved in a total of 11,178 reported crashes, accounting for 3.8% of total crashes, and resulting in 118 deaths and 361 serious injuries.  Those truck crash statistics show an average of over 2 heavy truck-related deaths per week, and almost 1 heavy truck-related serious injury per day in Illinois. If you or a loved one is a truck accident victim, we can guide you in your legal case. Let our team get justice for your injuries and pain and suffering, and hold the responsible party accountable for their actions. Contact our experienced Chicago truck accident lawyer to ensure you receive the full financial recovery you deserve for your truck accident case.

Common Causes of Chicago Truck Accidents

A trucking accident can occur for many reasons. Some of the more common reasons include:

1. Speed – The driver is speeding to meet a tight delivery deadline
2. Truck driver fatigue – The driver is tired due to driving for long periods
3. Distraction – The driver is stressed and tired, not paying enough attention to the other drivers and the road
4. Truck Blind Spots – It is difficult to see blind spots from a large truck
5. Not enough space – The truck driver does not leave enough space for his semi-truck between other vehicles
6. Vehicle failure – Mechanical failure and defective components, such as tire blowouts, brake failure, steering and suspension issues
7. Unsecured/unbalanced loads – When a heavy load on a truck is not distributed correctly or overloaded, it will negatively affect how a truck handles
8. Road debris – Road hazards can cause semi-truck failure or loss of control
9. Inexperienced truck driver – Inadequate training in driving technique, safety concerns, and defensive driving
10. Under the influence –  a truck driver may be impaired (DUI/DWI) or taking drugs in an attempt to stay alert during their long haul. This may increase crash risk.

Who is at Fault in a Truck Accident

Trucking accidents can be quite complicated, and figuring out what caused your truck accident is why hiring an experienced truck accident attorney is important. Semi-trucks are regulated not only on a state level but also on a federal level. Your attorney must understand all of these additional regulations. Figuring out who may have legal liability to the accident victims is equally important. The cause of an accident can give clues to who may have liability for it, but it’s not the only piece to the puzzle. During a truck crash there can be any number of parties liable for truck accident injuries:

Truck (or other) drivers.

We must always look to the truck driver first and determine whether their actions or decisions led to the crash. This is especially true if the trucker drove fatigued or under the influence.

Trucking companies.

If the truck driver was driving during a work shift, the trucking company that employs the truck driver may have liability for driver decisions. Liability will depend if they knew or should have known the driver operated unsafely. If the truck is owned by the company itself, then the company may also have liability for failing to maintain the vehicles.

Shippers, warehouses, loading docks. 

Was the cargo properly balanced and loaded? If there is a shift or imbalance in truck cargo leads to a crash, the party who loaded the truck could face legal liability. Often, this party is a company that ships or stores goods.

Government entities.

State and local governments have an obligation to design and maintain safe roads. If a road design did not properly account for semi-truck traffic, it may pose dangers that can particularly impact large trucks, putting the government at risk for liability.

Truck equipment manufacturers.

Product defect or failure is always a possibility with trucks.  If a manufacturer produces a product that is unreasonably dangerous or latently defective, such as a tire or a hitch, the manufacturer may have liability to anyone harmed by that product. Hiring an experienced truck accident lawyer is the best way to determine who has liability for injuries you or a loved one suffered in a Chicago truck accident.

Truck Accident Cases FAQs

Truck accident cases involving tractor trailers can be chaotic, leading to road closures, causing delays with business and other drivers, but most importantly affecting the lives of victims both injured or killed.

What Should You Do If You Get Hit by a Truck?

If you get hit by a truck, you should immediately seek medical attention. Do not brush off the incident, and instead check-in with a doctor as soon as possible. Your injuries may be severe because trucks are so large compared to other vehicles on the road. Severe injuries from truck accidents can lead to long recovery periods and require fair compensation for medical treatment and various damages. Some injuries take days or more to show symptoms, but doctors may be able to diagnose and treat you quicker. Besides the obvious health complications you want to avoid, seeking medical help is important because it limits the ability of insurance companies to deny your claim. Insurance companies may reject your claim if you do seek out medical attention, but do so much later. Furthermore, you want to document the steps you have taken after the truck accident, for legal and financial purposes. Each driver involved in an Illinois truck crash must file a crash report if the crash caused a death, bodily injury, or led to more than $1,500 in property damage when all drivers are insured. If you’re a driver, you must report the accident to the police. Even if you’re not a driver, it’s essential to call the police. For drivers without insurance, the threshold is $500. If a police officer does not respond to your call, you need to file a crash report with the Illinois State Police within 10 days of the truck accident.

Is Illinois a No-Fault State for Truck Accidents?

Illinois is not a no-fault state for truck accidents. This means that the person or party responsible for the accident must pay the victims for their losses, even if their injuries and losses are minor. Pursuing a truck accident claim involves proving the claim, determining its worth, evaluating damages, and seeking compensation for the financial and personal losses stemming from the accident. Truck drivers in Illinois are required by state law to carry liability insurance, with different insurance limits depending on how the public carrier operates. The level of liability insurance depends on whether travel is intrastate or extends out of the state. For intrastate travel, the following insurance coverage is required:

• $300,000 for household goods
• $750,000 for general freight
• $1,000,000 for oil transport trucks
• $5,000,000 for hazardous substances

Federal and State Regulation

The trucking industry is subject to both state and federal regulations to ensure the safe operation of commercial trucks in interstate commerce.

Hours Of Service Regulations

For example, according to the Federal Motor Carrier Safety Administration (FMCSA), drivers of commercial trucks that are hauling property and goods:

• Cannot start a shift without having had at least ten consecutive hours off duty;
• May not operate a truck after being on duty for 60 hours in a 7-day period, or 70 hours in an 8-day period.;
• Can only drive a total of 11 hours during a 14 hour work shift; and
• Must take a 30-minute break when driving eight hours.

These trucking regulations help prevent fatigue, which can increase the risk of accidents on the road. These regulations are enforced on big rig drivers through various methods, including electronic logging devices, compliance reviews and roadside inspections.

Drug and Alcohol Rules

Federal regulations require everyone with a commercial driver’s license (CDL) and their employers to adhere to strict alcohol and drug testing rules. Drug testing is required by an employer before permitting a CDL driver to operate commercial vehicle. Tests should be conducted after truck collisions, but also upon reasonable suspicion by a trucking company that the driver may be under the influence of drugs or alcohol.

Weight and Length Requirements

Illinois law also regulates the amount of weight a commercial truck can carry, maintenance and repair rules, and driver eligibility. Truck drivers must also know the various weight restrictions for roadways and bridges on state, federal and local routes.

What are some steps I can take to avoid truck-related accidents?

As drivers who have to share the roads, we cannot avoid driving alongside large trucks. We also share a duty and responsibility to take care when on the road with semi-trucks. Many drivers tend to forget how the size and mass of trucks make them more complicated to drive and less nimble to react to road hazards, affecting acceleration, braking, and handling. The following tips can help keep you safe on the road around trucks:

• Watch for truck blind spots:  trucks have multiple blind spots, making it hard to see fellow drivers on the road.  These are called “No Zones” and can be found in front, behind, and on either side of the truck
• Be aware of long stopping distances:   Large trucks and buses need the length of up to two football fields to stop safely. Be aware of the truck’s stopping distances, and factor in the weather and any curves or ramps on the road that may make it more difficult for the truck driver.
• Trucks make wide turns:  Trucks need extra room and time to maneuver sharp turns.  Don’t cut off, drive around, or prevent trucks and buses from turning by crowding in too closely.

What Kind of Damages Can I Get For a Truck Accident Case?

There are several categories of damages that you can collect financial compensation for following a truck crash:

• Lost Wages
• Reduced Earning Capacity
• Pain and Suffering
• Mental Distress
• Medical Bills
• Property Damages
• Vehicle Repairs or Replacements
• Loss of Consortium
• Loss of Enjoyment of Life
• Disability or Disfigurement

Truck crashes usually involve severe injuries. While money cannot fix everything, it gives you financial stability to move forward and focus on recovery. Our truck accident attorneys will not let the insurance company or commercial trucking companies get away without paying sufficient compensation for your settlement. You can also read about this Car Accident.

Free Consultation with a Chicago Truck Accident Attorney

Contact our experienced Chicago truck accident lawyers at Skiba Injury Law for a free consultation if you’re one of the many truck accident victims who have been hurt in a truck accident. Let our team explain your rights and options and the process of filing a claim. We almost always represent clients on a contingent fee basis, meaning that we don’t get paid unless our clients do. Our goal is to get you the maximum compensation possible for your truck or bus accident. Call today and schedule a free consultation!