CHICAGO, IL – Truck accidents can be life-altering and result in severe injuries, property damage and even fatalities. Due to commercial trucks massive size and weight, trucks pose a high risk to other drivers on the road.
The legal aspect surrounding truck crashes can be complex and require specialized knowledge and a skilled truck accident lawyer.
Truck accidents can occur for a variety of reasons, such as driver negligence, mechanical failures, improper cargo loading or weather conditions. Understanding the causes and dynamics of truck accidents is crucial for building a strong legal case. Some common factors contributing to truck accidents may include:
- Driver fatigue from long hours of driving and tight deadlines which impair their ability to react quickly to potential hazards on the road.
- Improper cargo loading leads to unstable or loss of control.
- Negligent driving behavior, including speeding, distracted driving, driving under the influence of alcohol or drugs, or aggressive maneuvering can all contribute to truck accidents.
- Mechanical failures, such as tire blowouts, brake failures, inadequate maintenance or faulty steering mechanisms can result in serious or fatal accidents.
Truck Accident Litigation Process
Truck accident litigation involves legal proceedings to determine liability, seek compensation for damages and provide justice to the victims. Some key points to consider include:
Establishing Liability
Determining liability in a truck accident is a complex process due to the involvement of multiple parties. While the truck driver is a common party held responsible, other entities may also share liability which includes the trucking company that can be held accountable for negligence in hiring, training or supervising the driver.
Other entities that can be held liable include the vehicle manufacturer if the mechanical defect contributed to the accident.
Gathering Evidence
Building a strong case relies heavily on the collection of compelling evidence. A skilled attorney will investigate the valuable information to help build your case including braking, the truck’s speed at the time of the accident and other parameters prior to the accident.
Your attorney will also request eyewitness testimonies to help establish the sequence of events and provide additional insights like photographs, measurements and reconstructions will provide a clearer understanding of the circumstances surrounding the truck crash. Your attorney will also want information regarding maintenance records, driver logbooks and other relevant documentation to establish liability or negligence.
Discussing Insurance Coverage
Trucking companies are typically required to carry substantial insurance coverage due to the significant damages truck crashes can cause. You need to hire a skilled truck accident attorney who understands insurance policies to ensure that resources are utilized to compensate victims adequately. Additionally, negotiating with insurance companies can be challenging because they will try to minimize the claim or shift the blame onto other parties.
Understanding the statute of limitations
Every jurisdiction has a statute of limitations, which sets a time limit within which a legal claim must be filed. It is important to be aware of and adhere to this deadline. In Illinois, the statute of limitations for truck accidents is two years and begins at the point when the cause of the injury was discovered. In some cases, the statute of limitations may be paused for a period, if the plaintiff was a minor, or mentally incompetent at the time of the accident.
Failing to file a lawsuit within the statute of limitations can result in the loss of the right to seek compensation; therefore, it’s critical to consult with an attorney as soon as possible after a truck accident to ensure they take legal action within the necessary timeframe.
Seeking Expert Assistance
Truck accidents can involve complex legal, technical and procedural intricacies. Hiring an experienced truck accident attorney who has in-depth knowledge of regulations, and precedents and has the resources to experts and medical professionals who can testify and provide expert opinions will benefit your claim.
Compensation and Damages
If you or your loved one are a victim of a truck crash, you may be entitled to various types of compensation and damages, such as:
- Medical expenses
- Pain and suffering
- Lost wages and future earnings
- Property damage
- Punitive damages
Talk to the Truck Crash Experts at the Dinizulu Law Group
If you or your loved one was injured as a result of an Illinois truck accident, our team of trusted truck accident lawyers is here to help you. Our firm goes above and beyond to handle your concerns and fight for the compensation and justice you deserve.
Contact us online or call us at (312) 384-1920 for a free consultation now!