Why Truck Accident Cases Are Different
A loaded tractor-trailer can weigh up to 80,000 pounds. When one hits a passenger car, the injuries are often severe: broken bones, spinal injuries, traumatic brain injuries, and worse. Truck cases are also more complicated than ordinary car accidents.
- More than one party may be responsible. The driver, the trucking company, the owner of the trailer, the company that loaded the cargo and the maintenance shop can all share fault.
- Federal safety rules apply. Commercial drivers must follow Federal Motor Carrier Safety Administration rules on driving hours, rest breaks, drug and alcohol testing, inspections and cargo securement. Violations can be powerful evidence.
- Key evidence can disappear. Electronic logging device data, engine "black box" data, dash-cam video, dispatch records and maintenance files may be overwritten or discarded if no one demands that they be preserved.
- The defense is well funded. Trucking companies carry large insurance policies and often have lawyers and investigators working on a crash within hours.
Time matters. The sooner a lawyer sends a written demand to preserve evidence, the more of it survives. If you or a family member was hurt in a truck crash, call Phil as soon as you can.
Common Causes of Truck Crashes
- Driver fatigue and hours-of-service violations
- Distracted driving and phone use
- Speeding for road and weather conditions
- Brake, tire and equipment failures from poor maintenance
- Overloaded or improperly secured cargo
- Wide turns, blind spots and unsafe lane changes
- Jackknife and rollover crashes
What You Can Recover
Illinois law lets injured people recover compensation for the full harm someone else's negligence caused. Depending on your case, that can include:
- Medical expenses, past and future: ER visits, surgery, therapy, medication and ongoing care
- Lost wages and reduced ability to earn in the future
- Pain and suffering, including physical pain and emotional distress
- Loss of normal life: the activities, hobbies and independence the injury took from you
- Disfigurement and scarring
- Property damage, such as vehicle repair or replacement
Common Questions
How long do I have to file a personal injury claim in Illinois?
In most Illinois personal injury cases, you have two years from the date of the injury to file a lawsuit. Claims against a city, county, park district or other local government can have a much shorter deadline of one year, and some require notice even sooner. Talk to a lawyer as early as you can so a deadline does not quietly end your case.
Who can be held responsible for a truck accident?
Depending on the facts, responsibility may extend beyond the driver to the trucking company, the owner of the truck or trailer, the shipper or loader of the cargo, a maintenance company, or a parts manufacturer. Identifying every responsible party matters because each may carry its own insurance.
What evidence matters in a truck crash case?
Electronic logging device records, engine control module ("black box") data, dash-cam footage, driver qualification and drug test files, inspection and maintenance records, and dispatch communications. Much of this is in the trucking company's hands, which is why early preservation demands are important.
What if I was partly at fault?
Illinois uses modified comparative fault. You can still recover as long as you were 50% or less at fault, but your award is reduced by your share of the blame. If you are found more than 50% at fault, you recover nothing. Insurance adjusters know this rule and often try to push more blame onto you, which is one reason to have a lawyer before you give a recorded statement.
How much does it cost to hire Phil?
The consultation is free. Phil handles injury cases on a contingency fee, which means his fee is a percentage of what he recovers for you. If there is no recovery, you owe no attorney fee. Phil will explain the fee agreement in writing before you sign anything.