Archive for category: Trucking accident injury law

Cars Have Gotten Safer. Have Trucks?

 

The Insurance Institute for Highway Safety has reported that over the past few decades cars have gotten safer and fatalities have gone down. This trend can be linked to advances in safety features, such as airbags, electronic stability control, and anti-lock brakes, among other technical advances.

While this same technology is also available for trucks and trailers, the trucking industry hasn’t implemented such safety equipment. In United States, only about 3% of the Class 8 trucks—the heaviest ones which includes most tractor-trailers—are equipped with any collision-avoidance technology. In Europe, most such heavy trucks are sold with this technology.

These large trucks are disproportionately involved in fatal accidents. According to the New York Times, these heavy trucks are involved in 1 out of 8 of all fatal accidents and 25% of all fatalities in construction-zone accidents.

The trucking industry claims the cost of these safety technologies hurt their bottom line. The trucking industry, through its chief trade group, the American Trucking Association, continues to lobby Congress against safety laws, claiming expenditures on safety technology will raise rates for shippers and consumers.

Policewoman directs traffic after a truck accident

But what the trucking industry has failed to notice is that stronger safety measures prevent higher insurance rates and also prevent millions of dollars from being spent in resolving injury claims. The Centers for Disease Control and Prevention also estimates $99 billion  to be the annual cost to the economy for truck and large vehicle crashes.

Many of these expenditures can be avoided if Congress were to pass a common-sense safety bill that addresses the concerns of car drivers, truck drivers, and creates a trucking industry that is safer and more profitable in the long run.

At the Dinizulu Law Group, Ltd., we are safety advocates. Those who injure others through their careless actions must be held accountable for their wrongdoing. That is why our team of truck accident lawyers in Chicago has your back. With over 50 years of combined experience, we know the strategies the defense will use to discredit your injuries. But we bring commitment and expertise to each case and help you get results. Set up a free initial consultation with one of our truck accident attorneys in Chicago. Call 1 (312) 384-1920 or 1 (800) 693-1LAW, or reach us by email.

3 Reasons To Go To Jury Duty

 

Juries are an important part of the justice system in America and a pillar of our democracy. Our constitution guarantees citizens receive a fair trial that is overseen by an impartial jury. Not only does this create confidence that our laws will apply equally to all, but this is also one of the purest and most immediate way to participate in our justice system. Watch the video to learn more.

Here are more reasons why you should answer that jury summons:

  1. You are giving back to your country. Many of us have never served in the military for our country. Jury service is one of the few times that we can give back to our country by serving on a jury and ensuring that our system of justice is supported.
  2. We are stronger as a country when we serve on a jury with our fellow man and woman as the conscience of the community.
  3. You will prevent absolute power by the politicians and corporations. This is your time to show what your community finds important to enforce or not enforce through your verdict.

A typically jury is made up of 6 to 12 jurors who are peers. Meaning it’s you and your fellow citizens who are asked to serve on a jury. You may be a laborer or a corporate executive. However, when you sit on a jury, it’s a community of equals that are on a jury, rather than a panel of experts. The case may well be about a union laborer who may have been injured or about a physician whose failed to diagnose a child. Either way, it is a collective jury that is to enforce the law and facts that has been presented to you by the judge and the parties.

It is the jury’s collective reasoned choice to interpret the facts and enforce the law. The jury makes the decision on a case, producing a verdict. These verdicts then become a part of what our communities expects from our doctors, lawyers, corporations, hospitals, and more. They outline what you the jury will expect now and in the future from the conduct of us all.  This method of administering justice prevents absolute power. A jury of 6 to 12 people, who all come from different backgrounds and life experiences, must reach a unanimous decision.

So the next time you get that jury summons, make sure to serve. It may be a hassle, but in the end you, like so many others before you, will have made a huge commitment to our democratic system of government. That small burden is a small price to pay for the privileges and protections of our government and laws. With rights, come responsibilities. Jurors owe it to their fellow citizens to perform this service seriously; justice depends all on the quality of jurors who serve. The survival of your own right to trial by jury depends on the willingness of all to serve, so be part of the system and make a difference.

If you have questions about trial or your own serious injury, contact the Dinizulu Law Group, Ltd. at 312-384-1920 or by email. Our Chicago personal injury lawyers are known for their expertise and tough litigation. Schedule a free consultation with one of our personal injury trial attorneys practicing law throughout Illinois.

What Is A Life Care Plan?

 

For the severely injured, a Life Care Plan is a detailed assessment of the severely injured victim’s needs. It should take into account:

Current and future medical needs: Things like cost of medication, specialized furniture, assisted living professionals, rehabilitation expenses should be included in the life care plan.

Transportation needs: Would the injured victim need to have special equipment for traveling? Recreational opportunities also need to be factored into a life care plan.

Construction modifications to the home: Specialized medical equipment may require changes to the layout of the home. Perhaps an elevator lift is needed. These very large expenses need to be looked at very thoroughly to create a proper life care plan.

In an injury lawsuit for a severely injured victim, the Life Care Plan is instrumental in building your case. It can show to the jury the extent of a victim’s injuries, and the long-term cost of living with such life-changing injuries.  When a Life Care Plan is led by a personal injury lawyer who is well-experienced in litigation and trial, the recovery results could ensure that the injured victim is able to live with dignity and financially independence. Watch the video to learn more.

At the Dinizulu Law Group, Ltd., when our Chicago personal injury lawyers consult with a Life Care Planner, we collaborate with an entire team of medical and financial experts and ensure assessments by doctors, psychologists, counselors, and economists are all taken into account and factored into the Life Care Plan. We do this to ensure all of the injured victim’s needs are considered. This means including present and anticipated future needs into the life care plan. Is future medication included in the plan? Will the medication be supported across providers? The Life Care Plan needs to be a complete and comprehensive document.

Once created, the Life Care Plan is given to the jury so that the jury can fully understand you or your loved one’s needs and recognize your compensation claim as genuine. A skilled and well-experienced personal injury lawyer will help the life care planner get the testimony and documentation from the entire team of medical and financial experts that’s admissible in the court so that the jury may hear all parts of the life care plan.

Many personal injury lawyers don’t understand how important it is to be fully involved in the creation of the Life Care Plan, and as a result, your recovery suffers.

At the Dinizulu Law Group, Ltd., we pay close attention to the life care plan and present our clients’ complete needs in court. We have been thoroughly involved in many very complex life care plans and have advocated for our clients’ complete needs successfully. With over 60 years of combined experience, our Chicago personal injury attorneys are known for their expertise and tough litigation. Contact us by email or call us at 312-384-1920 to schedule a consultation with one of our personal injury trial attorneys practicing law throughout Illinois.

What To Do If You Were In A Truck Accident

Several parties can be held liable for a single truck accident. If you have been injured in a trucking accident, one of the first things you must do before bringing legal action against someone is ensure that you have identified all parties responsible for the accident. If you fail to sue the appropriate parties, then you may lose your right to bring an action against them forever. Although it may appear that the truck driver is ultimately responsible due to speeding or reckless driving, an experienced attorney will know to look at the truck and trailer’s owner, the company that the driver is working for and the manufacturer of the various truck parts, to name a few.

Personal Injury Truck Accident Claim

In addition, the accident could have been caused by someone improperly loading the cargo in the semi-truck. If a trailer is either overloaded or loaded in a way that throws the truck off balance, serious accidents are much more likely to occur and unfortunately, it is usually the other drivers on the road who see the most injuries.

Accidents in Illinois

Illinois is among a handful of states that account for more than half of all truck fatalities in the nation. There were nearly 600 fatalities involving large truck accidents in Illinois in the past five years alone.

In early August of last year, three people tragically lost their lives in a five-car pileup near Ottawa, Illinois. I-80 was closed for hours while crews worked to clear the scene. The wreck involved three tractor-trailers and two passenger vehicles. While one of the semi-truck drivers suffered fatal injuries, the other two people who died were riding in the smaller cars.

The Federal Motor Carrier Safety Administration (FMCSA) collected data showing that from 1975 to 2014 over 200,000 people died in large truck accidents. Many more were injured.

Injuries from Truck Accidents

Injuries sustained in accidents involved with semi-trucks are often devastating. In this August accident, not only were victims subject to the crushing weight of the large trucks, but the trucks also caught fire. It is not uncommon to see individuals with burn injuries, spinal injuries, amputations and brain injuries when they have been involved in such accidents. For those of us fortunate enough not to have been affected by a serious truck accident injury, it is hard to grasp the true cost of these traumatic injuries.

Not only will you have immediate medical costs, but you will likely face costs associated with ongoing health needs and rehabilitation. Studies show that a mild head injury can cost a person $85,000 and a severe injury can cost a person $3 million over the course of their life. Additionally, if you are unable to work, you will lose your source of income.

Illinois Truck Accident Lawyers Are Key to a Successful Personal Injury Case

A skilled Chicago truck accident lawyer is vital to getting you every cent of compensation you deserve if you have been injured in a large truck accident. When you already have to deal with catastrophic injuries or worse, the insurance companies are more likely to lowball you in negotiations. At the Dinizulu Law Group, Ltd., our personal injury attorneys will not let that happen to you. Our personal injury law firm in Chicago has represented well over thousands of clients. With more than 20 years of experience, our truck accident attorneys know exactly how to help you and put your best case forward.

 

19-Year-Old Dies Due To Trucker’s Negligence

 

Sometimes our loved ones suffer as a result of a truck driver’s carelessness.  Sometimes the truck driver denies their fault, and when that happens, their negligence must be proven.  The following example illustrates what must be done in these unfortunate situations.  Watch the video to learn more.

I had a client who had lost a loved one to a truck driver’s carelessness.  Jason was a 19-year-old who was traveling home when he was involved in a collision involving four other drivers.  Minutes from his initial impact, Jason was hit by a semi-truck and died.  The semi-truck driver denied any fault in the collision, and his employer backed him up.

We had to prove that the driving conditions were hazardous and that the driver’s statements were false.

To do this, we got statements from the other drivers involved.  One of the statements said that upon entering the road his speed was the posted 70 mph, but he quickly dropped to 35 mph and even lower to 15 mph before the accident.  Others corroborated that statement.  The truck driver’s speed, according to the on-board recording system, was 63 mph right before the collision, and this was due in part to the use of cruise control.

We also received sworn statements from local law enforcement that stated the road conditions were deemed hazardous, and that there were many other accidents that night.  There is a federal law that mandates speed, and it states that speeds must drop in hazardous conditions.  The defendant’s safety policy stated that cruise control is not to be used during hazardous conditions.

The driver also falsified trip records.  Public law states that drivers may only drive 70 hours in one week.  The data recorded showed the driver completing trips that would need speeds of 86 to 128 mph.  His vehicle’s top speed was 63 mph, which meant he was driving when he wasn’t supposed to be.  Because the driver and his employers were at risk of future prosecution, they agreed to settle for 7 figures before even going to trial.  Watch the video to learn more.

If you have questions about truck driving accidents, please contact our personal injury lawyers by email or call us at 1-312-384-1920 or 1-800-693-1LAW. Our experienced Chicago-based truck accident lawyers are here for you. You may also find more educational videos and media content about truck and auto accident injuries from the Dinizulu Law Group, Ltd. on our media page.

 

Determining the Recovery Value of Truck Accident Injuries

 

Have you been involved in a semi-truck accident? Were you significantly injured as a part of that accident? Are you wondering how to determine the monetary value of your injuries?

Let’s start with a very important point: Semi-truck accidents are handled completely differently than passenger vehicle accidents. You may have commercial policies that apply to your case. Semi-truck policies are mandated and regulated by the federal government. The federal government requires that semi-truck policies carry an amount in the millions because they need larger minimum policies.

How do we come up with a total value for your case? We have several factors that we look at. We will look at total medical bills, lost wages, injury severity, loss of companionship, and pain and suffering. These can give us a clue as to what your total value may be, but you have to note that it is impossible to give you an exact amount until your case has been fully investigated.

A last note, don’t go for the quick settlement that the insurance company will try to offer you. They want to pay you off quickly because they don’t lose as much money that way. If you wait, others factors may come to light that can benefit you and get you the bigger settlement you deserve. You’ll want to have an experienced legal team on your side when facing a case like this. Watch the video to learn more.

If you have questions about semi-truck accident injures, please fill out our contact form or call us at 1-312-384-1920 or 1-800-693-1LAW. Our experienced Chicago-based truck accident lawyers are here for you. You may also find more videos and media content from the Dinizulu Law Group, Ltd. on our media page.

Personal Injury Paralysis From a Truck Accident

Every single time you drive, you risk being seriously injured or even paralyzed. And yes, this could happen to even the most careful driver. In Illinois, paralysis is among the most common personal injury when a car collides with a truck. As a result of these accidents, more serious injuries are often found on the occupants of cars rather than on truck drivers. In Chicago and throughout Illinois, injured victims face significant medical bills, lost wages, pain, suffering and loss of enjoyment of life. Additionally, their family members suffer economic loss, mental anguish and the loss of companionship.

Building a Truck Accident Lawsuit

If you have suffered a life-altering injury, such as paralysis, the various provisions that must be made for your care can be much more expansive than you thought. You may not be able to handle this on your own. A life care planner and an experienced truck accident lawyer is needed to present your personal injury lawsuit to the courts.

At the Dinizulu Law Group, when we consult a life care planner, we ensure that all your anticipated needs will be taken into account. Our personal injury attorneys will confirm that the current and future medical needs are analyzed and supported across all providers. We help ensure the life care planner gets admissible evidence from medical doctors, psychologists and the entire team of experts to ensure that a judge will allow the jury to hear all parts of the Life Care Plan. The plan must include future medication, adaptive furniture, assisted living professionals, rehabilitation, transportation needs, recreational opportunities and construction modifications to the home to accommodate new realities like the need for wheel chair access, an elevator lift, and specialized bathing areas for the seriously injured.

We know if you or a loved one experiences a serious injury that you want the best personal injury lawyer on your case. We at Dinzulu Law Group, Ltd are Chicago accident lawyers with extensive experience in truck accident lawsuits and presenting complicated and individualized life plans to the courts. If you have been injured, contact us today so that we can help you navigate the complex legal processes.

Spinal Cord Injury Association of Illinois

You should also visit The Spinal Cord Injury Association of Illinois if you suffer from paralysis and live in Illinois. This is a non-profit information and support resource for individuals paralyzed by spinal cord injury and their families. You can also learn about the health care and related professionals that serve the paralysis community. Though this resource is located in LaGrange, IL, a suburb of Chicago, it serves the entire state of Illinois. Furthermore, for many additional resources, such as support groups, centers for independent living, state disability resources, and more, please visit the United Spinal Association website.

 

Rules For Ensuring Trucking Companies Properly Secure Their Cargo

 

Many different parties are responsible for securing cargo on a semi truck, and 7% of all serious semi truck accidents are caused by loose cargo.  If you happen to be the person driving behind the semi who is hit with flying debris, you’re going to want to know who is responsible for the damage and injuries you incurred as a result of lack of adequate securement.

The initial shipping company is responsible for ensuring that all cargo is properly loaded into the semi truck following OSHA safety standards.  They can’t take any shortcuts, or else they risk violating OSHA standards, which can have serious consequences for them.  The trucking companies must also make sure that their drivers are properly trained in how to secure loads.  The seller or manufacturer of the securement devices also holds responsibility for properly secured loads.  If their device is faulty, then there is a chance that a load won’t be properly secured.  The manufacturer of the cargo itself also holds responsibility.  They need to make sure that all of the cargo is properly bundled before shipping.

In short, there are multiple companies that are responsible for secure loads in semi trucks.  You need to know which party’s negligence led to the load not remaining secured.  That’s where the help of a truck accident attorney comes in.  Watch the video to learn more.

If you have questions about trucking accidents and determining the responsibility for securing a load, we want you to contact the Dinizulu Law Group, Ltd. Our phone number is 1-312-384-1920 and 1-800-693-1LAW. We are a Chicago personal injury law firm with experienced truck accident lawyers who are here for you.

You may also find more videos about truck accident injuries and our law our firm on our media page.

Electronic Logging Devices Hold Truck Drivers Accountable for Negligence, Recklessness, and Breaking the Law

It’s winter weather and holiday driving can be hazardous on icy roads and skid-prone conditions. Add trucks and semitrailers to the mix and an accident is much more severe when a large vehicle loses control on the road.

When a truck collides which a smaller passenger vehicle, a disastrous injury occurs more often to the occupants of the other smaller vehicle. To protect all drivers, in 2014, the Federal Motor Carrier Safety Administration (FMCSA) proposed and adopted a rule requiring Electronic Logging Devices (ELDs) to be utilized in large trucks. ELDs are akin to those black boxes you hear about in planes, which help investigators understand how and why an accident happened. Similarly, ELDs in commercial trucks electronically record data from a vehicle’s sensors which can be subsequently downloaded.

electronic-logging-devices

Currently, much of a truck driver’s accountability stems from his or her own written records, but the ELDs will ensure that the truck driver can not cheat the system or inadvertently make a mistake. ELDs record speed, when the truck is in motion and other significant pieces of data.

The Trucking Industry Must Utilize ELDs by December 16, 2019

Although the ELD rule was adopted in 2014, the FMCSA understands that changes do not happen overnight. Accordingly, the trucking industry was given a grace period to incorporate the rule into practice and during that period, records could be kept through paper logs, logging software, automatic onboard recording devices or appropriately registered ELDs. The grace period ends December 16, 2019 and on that date, all drivers subject to the rule must use certified and registered ELDs.

While there are exceptions to the rule, in general if the truck driver was originally required to provide logs showing their hours of service then they are subject to the ELD requirement. While some drivers have met this new requirement with skepticism, the FMCSA maintains that ELDs will reduce risk of accidents and will also allow for a more streamlined collection of data.

ELDs can Help Answer Questions About Liability in a Trucking Accident

The ELDs will play an important role in the legal arena, as well. If you or a loved one is injured in a trucking accident, then you will have to prove that the truck driver acted wrongfully in some way. Maybe they were driving too fast, or perhaps they were drowsy. Truck drivers, their employers and their insurance companies oftentimes have a team of lawyers helping them avoid liability and so it is imperative that you also obtain a personal injury attorney right away.

Obtaining evidence from an opposing party can be difficult and is often subject to strict court rules. During a time when you are already reeling from a terrible accident, it is advised that you seek professional legal help. You will need an accident attorney who not only understands the litigation process, but also acts as your advocate during a time when you need it most.

Dinizulu Law Group, Ltd. always provides a free initial case evaluation and will help you pursue the necessary legal action if you have been involved in a truck wreck accident. Our experienced Illinois truck accident attorneys understand the importance of monetary justice when a victim is facing current and future medical bills in addition to being unable to work. A personal injury accident happens in an instant, but the effects can last a lifetime. Please contact us today to find out how we can help you.

Truck Driver Fatigue & Increased Personal Injury Risk for Car Drivers

In 2014, the Federal Motor Carrier Safety Administration (FMCSA) conducted a study to analyze various factors that contribute to crash risk. It comes as little surprise that driver fatigue contributes to many tractor-trailer accidents every year. Between 1975 and 2014, about 185,000 crashes involving large trucks or buses resulted in fatalities and of the nearly 215,500 individuals who lost their lives, most were occupants of smaller vehicles, such as cars.

This data clearly shows that when trucks and smaller vehicles collide, the truck drivers are much less likely to be injured or killed. Unfortunately, truck drivers often fail to adhere to safety mandates required by law and as a result, other citizens on the road face a higher risk.

Costs Associated with Trucking Accident Injuries Can Last a Lifetime

truck_accident_attorney

Injuries sustained in accidents caused by large trucks are often severe and can include loss of limb, brain injury, burns, spinal injury, and immobility. Costs associated with these massive injuries are not limited to the hospital bills incurred right after the accident. Many victims require years of rehabilitation and may never be able to work again. The economic impact can be crippling and that does not even take emotional trauma into consideration. Truck accidents are also often fatal. Many times a loved one lost in an accident is a family’s breadwinner.

If you or someone you know has been injured or worse in a trucking accident, you should seek legal counsel right away. The accident injury lawyers at Dinizulu Law Group, Ltd. have almost 60 years of total experience representing victims of truck accidents. We will help you get the compensation you deserve.

While insurance companies are experts at pointing the finger and talking victims into very low settlement amounts, our experienced trucking accident attorneys request log books and backup data to build strong, credible cases that will withstand the utmost scrutiny in the courts.

We understand that trucking accidents are often catastrophic and life changing. Contact us today so we can help you get the justice you deserve.

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