Chicago Truck Accident Lawyers

Common Causes of Truck Accidents

When you experience a truck accident that results in losses, you need to promptly identify what caused the crash, since that will determine who is legally liable. If you’re not sure, then experienced truck accident lawyers can help you launch an investigation into the incident. Since semi and tractor trailer accident situations typically result in substantial losses, it’s worth your time to diligently pursue and collect evidence to demonstrate who or what caused the collision.

1. Driver Negligence

The number one cause of truck accidents is driver error committed by the truck driver or other vehicles. Some of the most common types of negligent driving behaviors include distracted driving, driving under the influence, speeding, driving aggressively, or failing to adhere to traffic laws. Truck drivers can be considered negligent if they commit hours of service violations intentionally and they get involved in a crash. Truck drivers are more likely to feel fatigued when they aren’t taking appropriate rest breaks.

In one recent truck collision in Cook County, a truck driver slammed into the Harlem Avenue overpass and overturned into a lane of traffic.

If you believe another driver’s negligence caused your trucking accident, then personal injury lawyers can help you identify who to seek coverage from in your specific situation.

2. Mechanical Failures

Large commercial trucks can also become unstable when mechanical failures happen. Accidents involving a mechanical failure can be extremely dangerous, since it causes the driver to lose control and the vehicle to act in unexpected ways.

Recently, a mechanical failure caused a trucker to drive off of I-80 and smash into an apartment building. No one was seriously injured, but there was significant property damage.

Some of the most common mechanical failures include brake failures, tire blowouts, and engine malfunctions. Trucking regulations require a trucking company to properly maintain its fleet and truck part manufacturers to create safe products, so an accident victim whose injuries were the result of a defective part or a poorly maintained truck has legal recourse.

3. Improper Loading

Truck accidents can also occur when cargo has been improperly loaded onto commercial trucks. Overloading and uneven loading leads to shifting cargo. Shifting cargo leads to a rollover accident.

In one recent rollover crash, a semi truck’s load flooded across a roadway and backed up traffic on I-94 for hours.

4. Road Conditions

A Chicago truck accident might also be caused by road conditions. Potholes, debris, construction zones, and uneven surfaces all contribute to serious truck accidents. The government agencies responsible for your local roads could be held responsible for your losses if you can prove they knew about the dangerous condition and failed to correct it.

5. Weather Conditions

Truck drivers must also often contend with adverse weather conditions. Rain, snow, ice, and fog can all contribute to reduced visibility for both truck drivers and other motorists. This can easily lead to a trucking accident. Unless trucking companies required employees to drive into a serious threat, negligence may not be responsible for this type of crash.

6. Other Factors

Semi truck accidents can also occur as a result of inadequate training and experience, a violation of traffic laws and regulations, or other factors. If you need help determining what caused your crash, then a lawyer can help you investigate the situation fully.

The Legal Process for Truck Accident Victims

Considering the many consequences you’ll experience after a truck crash, you may need to file a truck accident case for financial reimbursement. Personal injury law in Illinois allows you to file a truck accident lawsuit against a negligent party that caused or contributed to your crash.

You’ll need to know what to know after experiencing a truck accident and how to properly file your legal claim. Typically, your best option is to consult with a truck accident attorney about the legal process involved in getting your rightful compensation.

1. Initial Consultation

First, you will need to outline all the details about your crash, your injuries, and your losses to your truck accident lawyer. Our team here at DJC Law will immediately start analyzing what happened to identify who could potentially be responsible for the accident. We’ll also consider the extent of your losses. If we think a truck driver, truck companies, a part manufacturer, or other drivers might be responsible, then we’ll help you get started on gathering evidence and documentation to back up your claims.

2. Investigation

Next, we’ll fully investigate what happened and seek out the best possible evidence to prove your case. Some of the most common types of evidence in semi or tractor trailer accidents includes eyewitness accounts, police statements, medical records, reports from accident reconstruction experts, truck driver logs, black box data, maintenance records, and statements from medical professionals.

Knowing in advance what you’ll need to file a truck accident lawsuit is a huge advantage during this investigative stage. An experienced accident lawyer will be sure to thoroughly review everything in a way that preserves evidence and strengthens your case.

3. Filing a Claim

The next part of the truck accident claims process is the act of officially filing your truck accident claim with your local court. Your personal injury case will involve significant paperwork, but the right Chicago truck accident attorney can aid you in compiling the strongest possible case. Under the statute of limitation laws in Illinois, you will only have up to two years from the date of your accident to file your official paperwork and serve the paperwork to the other party.

4. Dealing with Trucking Companies and Insurers

Once the other party reviews your evidence, they will likely send it to their insurance company or their own injury lawyers. You may be contacted by an insurance adjuster or a legal representative from the other party. If you hire a commercial truck accident attorney, then they will field any questions about your claim for you. Your lawyer will also help you navigate any confusing insurance policies. When the other party wasn’t insured or you experienced a hit-and-run, you may need to investigate the options of filing an uninsured or underinsured motorist claim through your own provider for additional compensation.

5. Litigation

The next phase of your Chicago truck accident claim involves litigating your case. An experienced truck accident attorney will be braced for pre-trial motions and the discovery process where the other party investigates your claims. Your lawyer will employ negotiation tactics and attempt to reach an agreement. If the other party isn’t willing to settle fairly, then your lawyer should be willing to take your case to court.

6. Settlement Tactics

Our truck accident attorneys here at DJC Law are well equipped to evaluate initial settlement offers, refuse lowball offers, negotiate a fair settlement, and secure just compensation for your damages. When you experience a serious injury and the accident was caused by someone else, your settlement offer should accurately reflect your losses.

Types of Compensation Available

There are three main forms of damages you can seek compensation for in a personal injury lawsuit. In most truck accident claims, you’ll be eligible to file for economic and non-economic damages. If the other party was grossly negligent or intentionally caused the crash, then it might be possible for you to also file for punitive damages. Below, we’ll go over each of these types of compensation, but if you have specific questions about the value of your claim, it’s best to consult directly with a personal injury lawyer. Typically, you’ll only be able to receive an award that matches what you’ve actually lost. If punitive damages are awarded, then you might receive more than you lost, but this only happens in very rare circumstances.

1. Economic Damages

After getting hurt in an accident, you should seek out timely medical treatment. Not only does this protect your physical health, but it also ensures that your right to file a claim is upheld. As you’d expect, though, you will incur medical costs for your care. These medical bills will be considered a form of economic damages that you can seek reimbursement for in a truck accident claim.

That’s not the only financial loss you’re likely to endure, though. You might need additional medical care in the future. Plus, your injury could cause you to miss time off of work or cause you to lose the ability to ever return to the same field of work. On top of that, your car is probably in need of repair, too.

Local truck accident lawyers can help you further identify and document these economic losses. Economic losses are the actual financial expenses you’ll pay to recover from the crash.

2. Non-Economic Damages

Your truck accident might also lead to specific non-economic damages, especially if the accident resulted in catastrophic injuries. Non-economic damages are the losses you endure that are more difficult to place a financial value on, such as pain and suffering, emotional distress, or a loss of enjoyment of life. You can recover compensation for these losses, but it might take a lawyer’s help for you to properly estimate the value of your losses.

3. Punitive Damages

An accident involving egregious acts of negligence or willful misconduct could result in the issuance of punitive damages. Courts will award punitive damages in a semi truck accident case when the responsible party acted without regard to your safety, and they do not seem remorseful about what happened. To prevent the responsible party from acting so recklessly in the future, a court might levy punitive damages to financially penalize the guilty party.