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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.

Intoxicated Motorcyclist Hospitalized After Slamming into Semi Truck on Rte. 59

July 9, 2018/in Blog/by Yao Dinizulu

Accidents are happening all around us. During the early morning hours and even late at night, drivers are getting involved in preventable accidents that result in them suffering from life-threatening injuries that have the potential to affect them for weeks, months, and even years. But, with drivers engaging in behavior that is both distracting and dangerous, we can only expect to see the number of roadway accidents continue to rise, that is unless drivers begin implementing safety measures that will help keep them safe and avoid an accident. Read more

Truck Accidents and the Unfortunate Injuries Victims Often Suffer From

January 8, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

Among all types of vehicular accidents, those involving trucks tend to be the most severe. Trucks are not only traveling with hundreds of pounds of product on their vehicle, but the vehicle itself usually weighs over 30,000 pounds. The impact of a truck accident is enough to leave an individual suffering with some of the harshest injuries. In this article, we discuss spinal cord injuries as this is a common injury a truck accident victim suffers from.

Commercial Truck Accidents are Among the Deadliest Types of Automobile Accidents

December 1, 2017/in Blog, Personal injury law, Trucking accident injury law/by Yao Dinizulu

A tragic truck accident occurred just a few weeks back leaving three people dead and one critically injured. The accident involved a semi tractor-trailer and a 2012 Chevrolet passenger car. The occupants who didn’t survive the accident were 19-year-old Julius J. Green, Precious M. Horace, 19, and Monteene D. Taylor, 21. The last passenger, who managed to survive the collision, was said to be in critical condition at Advocate Christ Medical Center. According to the Chicago Tribune, the occupants of the Chevrolet were not wearing their seatbelts and one person was partially ejected from the vehicle.

18-Year-Olds Now Allowed to Drive 18-Wheelers

November 10, 2017/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

Last year, the Federal Motor Carrier Safety Administration, which monitors safety regulations for the trucking industry introduced a three-year pilot program to allow 18-21 year-old drivers haul large trucks and tractor trailers across state lines. Why is this considered a good idea?

According to the CDC, teen drivers are already disproportionately prone to fatalities when driving cars, and 18 to 21-year-olds are already allowed to drive trucks, but not across state lines. This law based on state line restrictions is an arbitrary way to control how long a teen truck driver can be on the road. For example, a drive from Chicago to Southern Illinois may well be over 300 miles, while a much shorter drive from Chicago to Gary, Indiana is about 30 miles. The latter of these two drives is not allowed for teen truck drivers because they would be crossing state lines. However, it is just as risky, if not more so, when teenagers are allowed to haul large vehicles for the longest of distances within their states. Therefore, it would be safer for everyone if teen truck drivers would be limited to driving a set number of miles rather than being restricted on crossing state borders.

The new pilot program limits truck drivers under 21 to drive 100 miles into neighboring states, but this policy still has its flaws. This pilot program begs the question for how long would these teen drivers be driving in total? If a teen truck driver is traveling 100 miles in the neighboring state, this is in addition to what distance driven from the home state to get to the neighboring state?

Furthermore, the pilot program is using a very selective sample as a generality for the average teen truck driver. The 18 to 21-year-olds selected for the pilot program are military veterans who drove trucks as part of their service. The problem with using this sample group is that most of these veterans would be 21 or closer to 21, because the military starts to admit recruits at 18 years of age.

Another problem is that it’s very different working for the nation’s security as opposed to a for-profit trucking company that’s looking out for its bottom line. When rushed by their customers and bosses, young truck drivers are more likely to make deadly mistakes. Eric Penucci, a veteran truck driver interviewed by NPR said, “There’s a lot of stress in the trucking business. All customers are in a hurry to get their stuff. Traffic causes delays. Truck drivers need to be experienced, calm under pressure, and able to make good decisions.”

The trucking industry is facing a shortage of drivers, which may only get worse. Older and experienced drivers are retiring or leaving the industry altogether. Future truck drivers may be overworked, underage, and less-knowledgeable on roadway safety. These factors create fatalities on our highways that will only grow unless safer policies are put in place.

I am a truck accident lawyer in Chicago and often times I am dealing with the tragedy these accidents bring to families and communities. If you or your loved one was injured in an accident involving a truck you shouldn’t feel alone. Get the help and legal representation that will help you or your loved one move forward. Committed to your needs, our truck accident attorneys understand what you may be going through. The Dinizulu Law Group, Ltd. is available to answer all your questions and help you navigate through this difficult time. Our number is 312-384-1920 and 1-800-693-1LAW, or reach us by email at info@dinizululawgroup.com.

Cars Have Gotten Safer. Have Trucks?

November 3, 2017/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

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.

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.

What Are Punitive Damages?

July 21, 2017/in Blog, Car accident injury law/by Yao Dinizulu

When it comes to personal injury lawsuit in Illinois, there are two typical types of damages that can be given in a verdict: compensatory damages and punitive damages. The main purpose of compensatory damages is to try and make a victim whole. It’s to fix what can fixed or make up for what could not be fixed. An injured victim may be facing debilitating injuries and disability. In addition to these significant physical and emotional injuries, they may have lost wages, medical bills, and much more. Such injuries and costs fall under compensatory damages.

However, punitive damages are different. Punitive damages are meant to stop a wrong doer from continuing to do wrong. If a person or a business shows through their own actions that they are devaluing the sanctity of life and limb, Illinois law has offered the community a remedy that can be used to stop this dangerous conduct before it harms us all.

The dangerous conduct may have only harmed one person superficially, but this damage is intended to stop the wrong conduct before it worsens. Punitive damages are meant to be a deterrent to the defendant and other similar wrongdoers for their reckless behavior. Unfortunately, many wrongdoers are encouraged to rectify their conduct only through a punitive monetary verdict. It’s these punitive damages that force them to take preventative measures before they harm more people in our community.

At the Dinizulu Law Group, Ltd., we understand that even one injury is too many. During trial, we often seek punitive damages so our communities are safer and our citizens are protected from the reckless behavior of others. 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

May 19, 2017/in Blog, Personal injury law, Trucking accident injury law, Uncategorized/by Yao Dinizulu

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.

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

April 28, 2017/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

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.