Trucking accident injury law | Dinizulu Law Group, Ltd

The Dangers of Truck Accidents in Illinois

May 23, 2019/in Blog, Trucking accident injury law/by Yao Dinizulu

CHICAGO, IL (May 23, 2019)– As more licensed drivers and motor vehicles enter the roadway, it’s no surprise the number of traffic fatalities and injuries will steadily increase over time. The Illinois Department of Transportation reported that tractor-trailers contribute to roughly 11,000 accidents, including 106 accidents being fatalities (2016). Large trucks contribute to a staggering 13 percent of car accidents that occur within Illinois.

Commercial trucks include tractor-trailers hauling freight, construction vehicles, delivery trucks, emergency service vehicles and so forth. As the demand and use of trucks increases, it is important to note that smaller passenger vehicles are simply outweighed by heavy-weighted trucks. Nearly 80 percent of crashes involving trucks take place during the day in clear weather.

Trucks pose an inherent danger to other drivers on the road; in fact, there are specific laws and regulations in place at the federal and state level to ensure truck drivers are properly trained and meet certain standards that qualify them to drive a tractor trailer. Some basic standards all drivers must meet include being tested for drug and alcohol use, how often drivers are driving per day, passing a DOT physical that tests your eyes, ears, overall well-being. Other basic standards include obtaining a valid Commercial Driver License (CDL), all drivers must pass an endorsement test depending on the type of CMV that will be driven, and the truck must pass an air brakes test (Federal Motor Carrier Safety Administration, 2019).

Due to the pressures to meet company deadlines, trucking companies and drivers violate the safety rules and regulations put in place to protect us all from harm. A study conducted by the FMCSA found that over 66 percent of crashes involving trucks involved regulatory, brake, or marking violations. A trucking company could also be held accountable for “negligently hiring” an unfit driver who was not properly trained or a had bad driving history and caused a crash.

In the event that a loved one is killed in a trucking accident, family members may pursue a wrongful death claim. The Wrongful Death Act (740 ILCS 180/0.01) states whenever the death of a person shall be caused as a wrongful act, neglect or default of others, a person can pursue the negligent party at fault to recover any loss or damages due to their loved one’s death. Personal injury lawsuits following a truck collision intend to compensate the victim or their loved ones for harm resulting from the negligent acts of the trucking company providing damage of death, disfigurement, paralysis, burns, loss wages, medical costs and pain and suffering.

The statute of limitations limit how long you have to file a lawsuit. As such, it is important that you inquire with an experienced attorney immediately to preserve your legal rights. Our, experienced truck accident attorneys at Dinizulu Law Group, Ltd. will identify the help you need. With more than 50 years of combined experience, our legal team has protected and brought justice to victims and their families throughout Chicago and Illinois. Due to limitations and regulations, trucking accidents differ from car accidents and our attorneys will need to begin working on the case right away. Reach out to us online or by calling 312-384-1920 to further discuss your legal options.

Chicago Truck accident by overloaded cargo

Truck Freight Tonnage Highest in 2018 – What It Means for Highway Safety & Truck Accidents

February 11, 2019/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

In 2018, the amount of cargo carried by the for-hire trucking industry rose 6.6 percent from 2017. This gain is the largest year-by-gain in freight tonnage since 1998.

As the trucking industry continues to transport larger loads of cargo, it is important to be mindful of the safety standards that come into play. Because a heavier and larger vehicle will take longer to stop, it is important that truck drivers and the trucking industry are properly following these rules put in place by the Federal Motor Carrier Safety Administration (FMCSA). These rules are:

Cargo loads must be properly secured following the respective industry standards.

A cargo load must not exceed the weight requirements for the particular truck the cargo is being loaded onto.

The truck driver, as a part of his shift, is required to inspect the cargo load, and make sure it’s securely loaded prior to driving that truck. Remember, truck drivers are required to undergo cargo safety training as part of their truck driver training in order to obtain a CDL license.

That being said, many trucking companies choose to bypass regulations for personal gain. These companies may take on more deliveries than they can safely complete. Or they may overload a truck beyond its maximum weight capacity.

When the trucking industry engages in such reckless practices, they are endangering the lives of their employees as well as everyone who shares the roads with trucks. When these companies make deliberate choices that compromise the safety of their truck drivers and others on the roadways, these companies must be held accountable before the law.

Imagine not being able to work or send your child to college due to an accident injury that’s caused by someone else’s negligence. No one who has suffered harm through no fault of their own should have to go through this. Our Chicago truck accident attorneys are here for you. Contact us at 1 (312) 384-1920, or 1 (800) 693-1LAW, or by email for more information. With over 50 years of combined experience, we will fight for your full and fair compensation.

FMCSA Exempts Truckers From California Meal & Rest Break Rule

January 21, 2019/in Blog, Trucking accident injury law/by Yao Dinizulu

In 2011, California passed a law requiring truck companies to provide their truck driving employees a “duty-free” 30-minute meal break for drivers who worked more than five hours a day, as well as a second “duty-free” 30-minute meal break for drivers who worked more than 10 hours a day.

The Federal Motor Carrier Safety Administration (FMCSA) just recently on Dec. 21, 2018 announced that California’s meal-and-rest break rules are preempted by federal hours-of-service regulations. The push for this ruling came from the American Trucking Association (ATA), a lobbyist group that represents the interest of trucking companies.

By attacking this regulation, the ATA wants to prevent similar measures from being enacted across other states. Asking for a meal break for truck drivers in not an unreasonable request. As workers, most of us are guaranteed meal breaks due to federal, state, and local labor laws. It’s only fair that truck drivers also have this right.

Not only does this rule create a better working environment for truck drivers, but it ensures safer driving on our highways. Due to the long hours they work, most truck drivers are forced to eat while driving. As their focus shifts off driving, crashes become more likely. An FMCSA study found that distracted driving was the leading factor in crashes. The study found that nearly 80 percent of crashes involved some form of distracted driving in the 3 seconds before the crash.

Distracted truck drivers cause injuries to themselves as well as to those who share the roads with them. When the trucking industry pushes for these types of rulings, they are showing zero concerns for their employees, the truck drivers, who may face life-threatening injuries as a result of these policies.

But you should know that you have options if you or your loved one was injured by a distracted truck driver. The Dinizulu Law Group, Ltd. has helped thousands of families arrive at a place of security and stability. The verdicts & settlements our Chicago truck accident attorneys have achieved on behalf of injured clients have helped many in their time of need. An injury caused by the fault of others shouldn’t be a blueprint for how you and your family live out the rest of your lives. To get help, schedule a free initial consultation with one of our Chicago IL truck accident lawyers by calling 1 (312) 384-1920 or 1 (800) 693-1LAW or reach us by email. Contact us today for more information.

Truck Accident Prevention & Safe Travel For The Holidays

December 21, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

Many of us are traveling during the holidays to see family and friends. While it’s exciting to see loved ones again, it’s important to keep safety rules in mind as highways get more congested. Retailers and online stores rely on trucking companies to keep their shelves stocked or get inventory delivered to customers before Christmas. Therefore, many trucking companies are rushing to make deliveries on time. As this time crunch happens, it’s still very important that trucking companies and truck drivers are following the safety rules that are in place by the Federal Motor Carrier Safety Administration (FMCSA).

The FMCSA states that truck drivers are not to work beyond their regulated hours of service. But during this holiday season, it may be tempting for trucking companies to cut corners and accept more delivery routes than what they are able to safely manage. This opens up the door to sleepless truck drivers on our roadways, truck drivers who may not be properly trained, or truck drivers who forego cargo and safety checks before starting their route.

These kinds of oversights are not just simple mistakes. Loose or falling cargo on a highway where traffic travels at 80 miles per hour is a recipe for disaster. The truck driver, as well as surrounding cars, have little time to react in these situations. Furthermore, due to the sheer size trucks, larger vehicles take much longer to stop than an average sedan. As a result, if a sleepless truck driver makes a slow or delayed judgment in braking or slowing speed, the resulting accident can be life-threatening or create life-long injuries for the hurt victims.

Truck drivers need to be careful on the road for both their own and others safety. When truck companies cut corners, they jeopardize the safety of their employees as well as our community members. Imagine not being able to send your child to college because of an injury that keeps you out of work. The Dinizulu Law Group, Ltd. has helped thousands of families arrive at a place of security and stability. The verdicts & settlements our Chicago truck accident attorneys have gotten for injured clients have helped many in their time of need. An injury caused by the fault of others shouldn’t be a blueprint for how you and your family live out the rest of your lives. To get help, schedule a free initial consultation with one of our Chicago IL truck accident lawyers by calling 1-312-384-1920 or 1-800-693-1LAW or reach us by email.

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Preventing Truck Accidents in Winter Weather

December 7, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

As you may already know, winter weather requires us to be more careful on the roadway. To stay safe we can:

Drive at a reduce speed
Brake slowly and appropriately so as not to skid
Watch out for icy surfaces, especially on bridges
Clean snow and ice off our windshield properly before getting behind the wheel

While it’s important to be alert and control our vehicles properly during winter, truck drivers have an additional responsibility to drive safely due to the sheer size of these vehicles. Truck drivers have what’s called the “hours of service.” This means that according to the Federal Motor Carrier Safety Administration (FMCSA), truck drivers can only drive a certain amount of hours before they must rest and sleep.

If a trucking company forces its drivers to drive beyond their regulated hours of service, not only are they breaking the law, but such companies are putting the safety of their employees and others on the roadway in jeopardy. It’s not uncommon to hear of truck companies that push extra deliveries on its truck drivers, forcing the employee to work beyond the regulated hours of service.

If you or your loved one was injured in a truck accident, know that it might not be your fault. Factors such as the truck driver’s alertness, failure to reduce speed, properly observe surroundings among others could be the reason behind a truck crash. Furthermore, know that some trucking companies make a deliberate effort to bypass safety regulations in order to save on expenses. In such instances, the Dinizulu Law Group, Ltd. is here for you.

With verdicts and settlements reaching up to millions, our Chicago truck accident attorneys have over 50 years of combined experience in fighting for injured victims just like you. Conveniently located in downtown Chicago, we offer free initial consultations. Schedule yours at 1-312-384-1920 or 1-800-693-1LAW or by email to learn more.

How Can “Black Boxes” Help in Your Truck Accident Case?

October 19, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

When you think of black boxes, you may typically think of them as being linked to an airplane crash. Anytime a plane crashes, the plane’s black box can be used to investigate the cause of a crash and prevent the same from happening again.

A similar investigation can also be carried out using a commercial truck’s black box in the case of a truck accident. Referred to as ELDs (electronic logging devices), these black boxes capture significant information that help explain the cause of a truck crash. This includes:

Driver speed (including average speed)
GPS coordinates
Steering position
Braking activity, including whether the brakes were applied
Whether seatbelts were in use
Whether the driver slammed on his or her brakes

Since Dec 2017, most trucking companies are required to have an ELD installed in their commercial vehicles that has been registered with the FMCSA (Federal Motor Carrier Safety Administration).

While this black box is available in a majority of trucks, in the case of your truck accident the truck’s insurance company will oftentimes never volunteer this data to you. It takes a personal injury law firm with skilled and knowledgeable truck accident attorneys to gather this information for you.

When hiring a truck accident attorney in Chicago or elsewhere, it’s important to ask the personal injury firm in Chicago or elsewhere what type of resources they have available and what kind of experts they work with? At the Dinizulu Law Group, Ltd. we work with well-qualified truck experts who can perform the necessary black box downloads and then interpret this data in a meaningful way.

These findings become critical in truck accidents involving disputed liability. When the truck company disputes fault and refuses to accept responsibility, as they often do, our experts’ findings have helped many recover fair compensation for their injuries. Check out our verdicts and settlements page to see these results. For a free, initial consultation with one of our Chicago truck accident lawyers, contact us at 1-312-384-1920 or 1-800-693-1LAW or by email.

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Vehicle Failure: A Main Cause of Truck Accidents in Chicago & Nationwide

September 14, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

Truck accidents often occur because the parts in the truck are not in proper working order. Laws and regulations in place require trucking companies to maintain their vehicles, conduct thorough inspections, and ensure that vehicles are safe before they get on the road. Sadly, this is not the case. Often times, truck companies make a deliberate choice to skip inspections and perform fix ups in order to finish deliveries on time or they may take on more deliveries than they can safely handle. When these companies choose to bypass safety regulations for personal gain, it the safety of everyone who shares the road with these large vehicles that’s threatened. Imagine losing a loved one because a defective truck that should have been pulled off the road simply wasn’t.

There are several factors that make a truck defective and lead to crashes. The Federal Motor Carrier Safety Administration (FMCSA) studies truck safety and the causes of truck accidents. They found among the most common causes of vehicle-related accidents are:

Brake Problems

Federal regulations allow trucks carrying cargo to weigh up to 80,000 pounds. When trucks are required to brakes, trucks can take over 20-times the stopping distance as a car. When required to brake suddenly, this weight may be too much and overpower the ability to stop when needed.

Add to these risks brakes that are not inspected thoroughly, even after long stretches of driving, and truck crashes become likely. FMCSA’s study on truck crashes revealed brake failures account for 29% of truck accidents. Imagine 29% of truck accident injuries and fatalities as avoidable if truck companies routinely maintain the brakes on their vehicles.

Tire Problems

FMSCA has specific regulations in place to help avoid truck accidents caused by tire problems. These standards require trucks’ tire treads to have a certain depth and quality, which vary based on the tire’s location on the truck. For example, while rear tires may be slightly worn – or even re-capped or re-treaded to save money – front steering tires must be new and in good quality.

Therefore, many trucking companies re-cap or re-tread tires rather than purchase new, expensive ones. This factor, along with improper or uneven tire wear or tire pressure, can cause the tires to heat up and shed layers. When layers break off a truck at highway speeds, they can cause the trucker or other drivers to swerve in reaction. If tires burst altogether, truckers can lose control. The accidents that results from these causes are oftentimes deadly.

Cargo Shift

Cargo is required to be secured and evenly load as per FMCSA’s rules. As the truck travels down a road, internal shifting of the cargo can seriously effect the truck’s overall stability. For example, if cargo is loaded too far back in trailer, or too high up, the trailer might not move as per the driver’s expectations. The results can be disastrous, especially during tight turns or emergency maneuvers. As a result, the truck driver could lose control of the entire vehicle, causing injury to himself and to many other drivers around him.

At the Dinizulu Law Group, Ltd., our truck accident attorneys in Chicago are familiar with the tactics truck and insurance companies use to avoid responsibility. If your loved one was harmed in a truck accident caused by vehicle failure, know that there are options for you. With over 50 years of combined experience and millions recovered in verdicts and settlements, our truck accident lawyers in Chicago are here for you. Call us at 1-312-384-1920 or 1-800-693-1LAW or reach us by email.

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Truck Accidents Often Turn Deadly Due to “Underriding”

August 31, 2018/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

There were close to 4,000 fatal truck accidents in 2016, according to the Insurance Institute for Highway Safety. This number has been on the rise since 2009, and is expected to continue rising unless safety rules and other preventive measure are put in place.

Most truck crash fatalities result in the death of a passenger car driver, a motorcyclist, a bicyclist or a pedestrian. Many times, these fatalities are due to a car or a smaller vehicle underriding the truck from the side. While rear guards are mandated on trailers, this law hasn’t been update since 1998.

It was in April 2014 that the National Transportation Safety Board (NTSB) issued a recommendation to the National Highway Traffic Safety Administration (NHTSA) that all new trailers have side protection systems. Nothing has changed since then until now.

Last December, Congress members introduced The Stop Underrides Act of 2017, a bipartisan bill requiring all large trucks, trailers, and semi-trailers to have side guard protectors. The bill would further update rear guard protection requirements to also apply to all large trucks, trailers, and semi-trailers. The bill was introduced by Sen. Kirsten Gillibrand (D-NY) and Sen. Marco Rubio (R-FL) and Sen. Bill Nelson (D-FL). Along with the Senate, an identical bill was also introduced in the House, by Rep. Steve Cohen (D-TN) and Rep. Mark DeSaulnier (D-CA). Since then the bill has been sitting in committees who have so far refused to take any further action on this safety issue.

The American Trucking Association (ATA), the lobbying arm of the trucking industry is expected to obstruct this bill as it would require the trucking industry to spend money on updating safety equipment. The ATA’s agenda is to have as few safety rules and regulations in place as possible to grow the trucking industry’s profits. They seem least concerned about fatalities they can help prevent. As a result, it’s our community members and their loved ones who must suffer from the consequences from tragic accidents again and again.

The ATA will look for reasons to block this bill. Their efforts include large donations to members of Congress who will support their agenda. Average families and our community members who lose the most from these tragedies often don’t have the funds to promote their own safety. Therefore, it is important that we raise our voices and remain engaged in these issues. Not only should we vote, but we should know our politicians’ position on safety rules. What does their voting record say about safety rules? Would this candidate help ensure my loved one can be safer? Awareness and engagement is what offers solutions and improves our communities.

Raise your voice if you or a loved one has been hurt in a truck accident. The Dinizulu Law Group, Ltd. is here to help injured victims and their families at their time of need. Our truck accident lawyers have helped thousands of families arrive at a place of financial security and stability after a devastating injury. We can be reached at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email.

Highway Construction Companies Must Keep Drivers Safe

July 16, 2018/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

Our client was a passenger of a vehicle being driven through a poorly lighted construction site. It was extremely dark, and the placement of the construction barrels appeared to create a lane of traffic. As a result, the driver of the vehicle struck the exposed end of a median wall. Starting only with the Smart Crash Traffic Report, our attorneys began our own investigation. Watch the video to learn what happened.

From one line in the accident crash report we learned that the Crash Reconstruction officer had determined that the configuration of the orange construction barrels, suggested that there were three lanes of travel instead of two, leading the driver into a concrete crash barrier for an underpass.

We filed a lawsuit and learned that this road used to have four lanes and was currently under construction lead by the general contractor K-Five construction whose subcontractors were Highway Safety, the subcontractor responsible for temporary safety control devices, and Midwest Fence, the subcontractor responsible for the selection and implementation of the crash cushions.

A crash cushion typically is those big yellow barrels with black tops that are placed on the highways when you are getting off a highway. Those crash cushions are created to soften the blows when drivers don’t see the concrete walls, especially when dark.

According to the design plans designed by Graef-USA, for the Illinois Department of Transportation– K-Five construction was to implement this construction site following the Federal and State Highway Construction Rules of the Road – which were being done to expressly address a history of crashes in to the concrete barrier wall at that overpass.

We learned that the Highway construction rules mandated, a flashing arrow board was supposed to be placed in front of this third lane — the driver went down, type III barricades were to line the lane along with orange construction barrels for 100 yards and finally they were mandated to have crash cushions for any new construction sites. None were present on the day of the crash. The only traffic devices that remained on the roadway were a few random barrels, which were not properly placed.

Had K-Five construction chosen to follow the rules they were required by IDOT– by maintaining proper traffic control devices our client would be alive today to care for his family. This case settled for a significant amount.

If you have questions about roadway construction accidents, call 1-312-384-1920 or 1-800-693-1LAW or reach us by email. With over 50 years of combined experience and millions recovered in verdicts and settlements, let our experienced car and truck accident attorneys in Chicago help you. Visit our firm’s media page, where you can view more videos and media content from the Dinizulu Law Group, Ltd.

Dinizulu Law Group, Ltd.
221 North LaSalle
Suite 1100
Chicago, IL 60601
1-800-693-1LAW
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info@dinizululawgroup.com

Is Driver Safety in Jeopardy? A Push Towards Increased Cargo Weight in Trucks

July 9, 2018/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

The federal government, through the Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) requires that the trucks that operate on our roadways carry loads weighing no more than 80,000 lbs. While a few exceptions and higher weight limits apply to certain vehicles, most trucks must follow this 80,000-lb. cargo limit.

But over the course of the past few years, interest groups for the trucking industry have repeatedly lobbied Congress for increased weight limits. Their demands include raising the cargo limit to 91,000 or even 97,000 lbs.

If Congress were to pass legislation enacting such a measure, it would be a disaster for highway safety and our declining infrastructure. Each year, approximately 44,000 accidents occur due to sleep loss. According to the CDC, many of these accidents are truck accidents caused by sleep loss. When you increase the load carried by trucks, the more serious these accidents become and there are greater fatalities on our roadways. And this is without taking into account the state of our infrastructure.

A 2017 report by the American Society of Civil Engineers grades our infrastructure at D+. Engineers estimate that a fully loaded truck—a five-axle rig weighing 80,000 pounds, the interstate maximum—causes more damage to a highway than 5,000 cars.

Some road planners say that this damage is even higher, that it would take close to 10,000 cars to equal the damage caused by one heavy truck. When the trucks are overloaded, as many of them are, the damage is exponentially worse. Increasing a truck’s weight to 90,000 pounds creates a 42% increase in road wear.

And this road wear is already happening. Enforcement for the current 80,000 lb. cargo limit is already lacking. There are far fewer cargo weighing stations than what’s needed to enforce trucks to comply with the existing weight limit. Furthermore, many weighing stations are operational only part-time, whereas trucks are on the roads all hours of the day.

As a result, often times trucking companies try to bypass regulations and transport overloaded cargo. When this happens, it is our community members that suffer. As drivers, passengers, bikers, or pedestrians, we share the road with trucks every day. When overloaded trucks cause accidents and injury to us or our loved ones, know that you’re not alone. The Dinizulu Law Group, Ltd. will fight for you.

With over 50 years of combined experience, our truck accident attorneys in Chicago are committed to getting you results. Whether it’s a large chain trucking company or a small independent carrier that caused you harm, we will get you the justice and compensation you deserve. Check out our recent verdicts and settlements, or call us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or reach us by email.