Trucks account for nearly one in seven vehicles traversing through Chicago’s interstate highways, and according to Chicago’s Center for Neighborhood Technology’s records, some highways will support over 30,000 trucks every day.
Considering the massive amount of truckers traveling through Chicago, it makes sense that the city experiences its fair share of trucking accidents. Unfortunately, these types of collisions often result in serious injuries, significant property damage, and potentially life-altering consequences.
If you experience a truck crash in Chicago, then local personal injury attorneys will guide you in identifying your legal options for recovery.
Here at DJC Law, our legal advocates have been litigating similar truck accident cases in Chicago for over 30 years. When you opt to hire a Chicago truck accident lawyer from our firm, you’re choosing to work with an advocate with extensive experience handling truck accident claims and who is prepared to fight for justice in your situation.
Without the help of an attorney, you can still seek out a claim for compensation, but you’ll need to face all the legal hurdles on your own. Typically, you’ll maximize your compensation award, minimize the time you devote to your case, and optimize your case with the help of a lawyer. Learn more about truck accidents, the consequences of them, and how to get started on a Chicago truck accident claim below.
The Reality of Truck Accidents in Chicago
The Illinois Department of Transportation estimates that there were about 810 traffic crashes every day throughout 2021, and truck collisions played a major role in that statistic. Unfortunately, with all the people and vehicles involved, about 9 people were injured every hour.
In general, the best way to avoid a truck or car accident is to stay vigilant while driving. Do your best to obey all traffic laws and give ample space to other drivers. When you get involved in a crash, don’t hesitate to promptly file a police report and get the medical care you need to recover.
What are the statistics for Truck Accidents in Chicago?
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.
What are the main differences between car and Truck accidents?
Consequences of Truck Accident
A truck crash involving much smaller passenger vehicles is likely going to have substantial consequences for the injured victims, and that’s especially true if the trucker was hauling heavy tractor trailers or speeding. Let’s dive into the many consequences of a trucking crash below.
1. Physical Injuries
The most apparent consequence of truck crash is the physical injuries sustained by truck accident victims. The most common truck accident injuries reported by accident victims includes:
- Fractures
- Head injuries
- Spinal injuries
- Internal injuries
- Sprains, strains, bruises
- Road rash
- Broken bones
Severe injuries may require a long-term recovery period, extended medical care, or even permanent disabilities. In general, the more severe the truck accident injuries are, the more substantial the other consequences of the accident will be.
2. Emotional and Psychological Impact
Chicago truck accident victims might also struggle with the emotional and psychological impact of experiencing a semi truck accident. Since driving is an activity that most of us can’t avoid in our daily lives, re-experiencing the trauma of getting behind the wheel can have a detrimental impact on the overall quality of life and mental health of the victim. Some accident victims develop significant anxiety and even PTSD.
3. Financial Burden
Another consequence of truck and car accidents is the immediate and long-term financial burden of your losses. Immediate expenses include your medical expenses, lost wages, the costs of ongoing treatment, an inability to go back to work, and possibly rehabilitation and therapy expenses.
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.
Why Choose DJC Law for Your Truck Accident Case
The team here at DJC law has litigated countless truck accident claims over the years, recovering over $400 million for our clients. Our firm’s specialized knowledge of federal and state trucking regulations combined with our years of experience makes us a solid advocate for you if you’ve recently experienced a truck accident in Chicago.
We diligently pursue justice in all our truck accident cases, and we’re proud of our 99% successful case win rate.
Our past case results speak for themselves. We recently recovered $2.25 million for one of our clients in a trucking accident, and another $2 million settlement for a grieving family who lost their loved one in a commercial truck accident.
An experienced truck accident lawyer will also be able to demonstrate their dedication and personalized approach to every case by producing testimonials from former clients, like this one, “DJC Law really cares about us as individuals and our well-being. They are really good at what they do!” (Gustavo Guerroro)
Preventing Truck Accidents
The number one way of preventing accidents with large trucks, pedestrians, and other motorists is to be as alert and aware while behind the wheel as possible. Truck drivers should always follow state and federal regulations. Trucking companies should do their due diligence in hiring competent drivers and maintaining their trucks.
Everyone can do their part in reducing truck accidents by advocating for improved infrastructure and road safety measures throughout Chicago.
Contact Us
If you’re looking for the right law firm to work with on your truck accident claim, then look no further. Our Chicago truck accident lawyers here at DJC Law are confident that we have the necessary specialized legal knowledge, passion, experience, and dedication to help you pursue a successful claim.
The first time you reach out to our firm, we’ll discuss all the details of your accident and injuries. We’ll go over who you think could’ve caused the crash and what the police may have stated in their police report. Based on these facts, we’ll give you our opinion on whether we think you have the right elements necessary to file a lawsuit.
Are you ready to get started? Schedule a free consultation by leaving your contact details on our online form. You can also visit our Chicago office in person at 140 S Dearborn St. Suite 1610, or give our Chicago branch a call at (312) 442-5555.
What to Do After a Chicago Truck Accident
Accidents involving semi trucks can be completely devastating to unsuspecting motorists who wind up hurt and losing out after getting struck. The injured victim is likely suffering from physical injuries, emotional distress, property damage, and possibly even an inability to return to work right away.
If you’re not sure how to handle these losses, then consulting with the right Chicago truck accident attorneys is your best option. The right lawyer will go over all the circumstances of your crash and help you identify who might be responsible. Without legal help, you’ll need to research all the legal steps you need to take on your own. From filing the right paperwork to securing the proper evidence, you’ll need to invest a significant amount of time and money into litigating your case.
If you decide to pursue a claim and hire a lawyer, then your attorney will help you navigate all the next steps.
Here at DJC Law, you can rest assured knowing that our team will fight to the fullest to secure justice in your situation. We won’t accept a settlement that doesn’t fairly compensate you for what you’ve gone through. Contact us now to schedule your free consultation with our team.