accident lawyer | 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.

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.

What is the Number One Cause of Truck Accidents?

December 22, 2017/in Blog, Car accident injury law, Personal injury claim, Personal injury law, Trucking accident injury law, Video/by Yao Dinizulu

Driver fatigue is an extremely common problem in the trucking industry. A study done by the Federal Motor Carrier Safety Administration found fatigued drivers are the #1 cause of truck collisions.

When these tired and overworked truck drivers cause accidents, as you may know, these are not minor accidents. Car drivers and passengers who are in a collision with a truck are very likely to suffer serious life-long injuries or even death.

There are rules in place to prevent these deadly accidents. The Federal Motor Carrier Safety Administration regulates the hours truck drivers can spend on the road per day and per week. Watch the video to learn more.

The law is that truck drivers can work:

A maximum of 70 hrs. in 8 days if their employer operates every single day of the week. If the employer is closed any day of the week, then truck drivers can work up to 60 hrs. in 7 days.
Within these 60 or 70 hrs in about a week, truck drivers must only work a maximum of 14 hrs. per day. Only 11 of these 14 hrs. can be behind the wheel. After a truck driver has driven the maximum of 11 hrs., they must rest for 10 hrs. straight before starting work again.
After working for 8 days or 7 days as per the limit of days that applies to them, truck drivers can only restart work after resting for 34 hrs.

These safety rules were created based on many studies that examined the needs of truck drivers so that they can be alert on the road. They are safety rules that every trucking company should live by to protect us all from danger and mayhem. But many companies force their drivers to skirt these safety rules. Truck companies oftentimes push their drivers to work past the set driving limits in an effort to take shortcuts. This undermines the safety of us all. It creates an environment of fatigued and stressed drivers who are high risks on the road. These exhausted drivers end up injuring not just themselves, but our community members who will suffer more severe and oftentimes irreversible injuries or death.

Truck driver fatigue continues to harm individuals and their families. If you are watching this video because you have your own questions or have a loved one injured due to a fatigued truck driver, you shouldn’t feel alone. Contact the Dinizulu Law Group, Ltd. at 1-312-384-1920 or 1-800-693-1LAW. We are here to answer all your questions and help you navigate through this difficult time.