A motor vehicle collision involving a large commercial truck, 18-wheeler, or semi-truck can be a large-scale disaster. If you or someone you love was recently injured in this type of crash, the Chicago personal injury attorneys at Meyers & Flowers can help you seek justice and full financial compensation using tailored legal strategies.
Our team of talented Chicago truck accident lawyers has been advocating for crash victims in Chicago and around the country for many years. We will use our compassion, commitment to justice, and in-depth knowledge of trucking accident cases to benefit you or your claim. Discuss your specific case and legal rights at no cost during a free consultation in Chicago.
Table of Contents
- Why Choose Meyers & Flowers
- What Is the Statute of Limitations to File in the State of Illinois
- Fighting for Compensation After a Truck Accident in Chicago
- What Is the Average Truck Accident Settlement in Chicago
- What Are Some Causes of Truck Accidents in Chicago
- Common Types of Trucking Accidents in Chicago
- What Are the Injuries One May Sustain From a Truck Accident
- What to Do if You Have Been Involved in a Truck Accident in Chicago
- How Do You Determine Liability in Truck Accidents
- Who Can I Sue in a Truck Accident
- What’s a Semi-Truck “Black Box,” and How Can I Use One in My Case
- What if a Loved One Was Lost in a Truck Accident
- How Are Truck Accident Damages Calculated
- Dos and Don’ts of Dealing With Insurance After a Crash
- How Long Will My Case Take
- Importance of Having a Top Truck Accident Attorney in Chicago
- Truck Accident Statistics for Illinois
- Frequently Asked Questions on Truck Accident Law
- Contact Us
Why Choose Meyers & Flowers as Your Chicago Truck Accident Lawyers?
Meyers & Flowers is dedicated to helping victims and their families navigate this challenging time. Our team of skilled truck accident attorneys in Chicago brings a wealth of experience and resources to investigate each case thoroughly, identify all liable parties and fight vigorously for the justice and compensation our clients deserve.
Clients choose us for many reasons, including:
- Our long track record of success. We have collected billions of dollars in settlements and judgment awards for our clients through our hard work and dedication.
- A proven commitment to client satisfaction. Our truck accident lawyers in Chicago always put their clients first. You will feel seen, heard, and respected by your Chicago truck accident attorney.
- Our team of outstanding trial attorneys. We are powerful negotiators and litigators who handle challenging truck accident cases in Chicago and nationwide.
- Affordable legal fees. You won’t pay us a dime for our services unless we secure financial compensation for your truck accident claim in Chicago. We operate on a contingency fee basis.
We understand the complexities of truck accident cases and are committed to upholding our clients’ rights in court. When you’re ready to learn more, we’re here to help. Contact us today to schedule your free case consultation.
Significant Case Results
$7 Million
Truck Accident
Resolution for six-year-old boy hit by negligent semi-truck driver.
$7 Million
Truck Accident
$7 Million Resolution for Six-Year-Old Boy Hit by Negligent Semi-Truck Driver
Craig D. Brown and Michael W. Lenert of Meyers & Flowers obtained a $7,000,000.00 settlement on behalf of a 6-year-old Illinois boy struck by a commercial semi-tractor trailer while he was riding a motorized scooter.
On September 19, 2017, six-year-old Charlie went over to his friend Johnny’s house in rural Illinois to play after school. Johnny lived on a truck route in a residential neighborhood. Johnny’s great grandmother was at the home to supervise the two boys. While playing in the back yard, Johnny went into the unlocked garage and started driving a 12-volt motorized scooter up and down the driveway. Although Charlie had just learned how to ride a bike two weeks prior, he wanted to take a turn riding the scooter. Tragically, Charlie, not knowing how to control the scooter, began to drive the scooter down the driveway. As Charlie sped down the driveway, he attempted to stop the scooter by dragging his feet. Unfortunately, Charlie was unable to stop and ultimately entered the roadway where he was run over by an 18-wheel semi-tractor trailer.
It is a miracle Charlie survived the crash, but his injuries can only be described as permanent and catastrophic. He suffered multiple orthopedic fractures, internal bleeding, and a complete disconnection of his urethra from his bladder. Furthermore, he suffered a severe traumatic brain injury that caused permanent and substantial cognitive deficits. He underwent dozens of surgeries, but unfortunately, his injuries will leave him dependent on his loved ones for basic needs for the rest of his life.
“Both my wife and I had tragedy strike when our son was hit by a semi tanker,” said Charlie’s father. Though our son made it out alive, we were met with a large healthcare lien from the hospital. We were referred out to Meyers & Flowers and from the beginning of our case the team was understanding with our availability and were willing to help us out in any way possible.” The Meyers & Flowers team led by Craig Brown and Michael Lenert worked on Charlie’s case for over 3 years and investigated every possible legal cause of the crash.
Initially, their efforts focused on the homeowner’s insurance policies. According to Craig Brown, “Johnny’s parents and grandparents were one of the legal causes of Charlie’s catastrophic injuries. Johnny’s parents were negligent because they allowed their young son to have unsupervised access to a dangerous motor scooter. That scooter should have been locked in the garage and not used without adult supervision. Moreover, Johnny’s grandmother was also a legal cause of the crash because she failed to supervise Johnny and Charlie, who were only 6 years old. Fortunately, we were able to convince the homeowner’s insurance company to pay their full $1 million policy at the outset. We used this money to help Charlie obtain the best medical care possible while we continued to investigate all potential causes of action.”
Mr. Brown and Mr. Lenert specifically investigated a potential case against the driver of the semi-tractor and his employer. The driver told the investigating police officer that he never saw Charlie before the impact and that after he felt a bump, he slowed down, looked in his side mirror, and saw Charlie lying in the street. The driver claimed he kept a proper lookout to his right as he was heading down the truck route, but his view of Charlie was obstructed by trees and a minivan that was parked in Johnny’s front yard.
“When I initially contacted the insurance company of the driver, I was told the driver did nothing wrong, that the accident was unavoidable as the driver did not have an opportunity to see Charlie prior to the impact, and that consequently the insurance company was never going to pay to settle the case despite the fact that there was $6 million of liability coverage. Given the carrier’s steadfast refusal to consider the merits of our claim, it was necessary for us to litigate this matter to establish the liability of its insured and convince the carrier that they had grossly misevaluated the claim,” said Craig.
To prove the truck driver could have stopped his 18-wheeler before Charlie entered the roadway had the driver kept a proper lookout, Mr. Brown and Mr. Lenert hired a team of experts who utilized state-of-the-art technology to prove what really happened that tragic day. According to Mr. Brown, “We had our experts drive the same type of truck down that road on the 1-year anniversary of the crash, and they videotaped the visibility from inside the cab. We also flew a drone down the street to capture exactly what the truck driver would have seen when he was driving down the road. Our accident reconstruction expert then helped us establish that the driver should have been able to see Charlie at the top of the driveway when Charlie first began to drive the scooter down the driveway. Through these efforts, we proved Charlie was visible for 7 seconds prior to the time of impact and the driver could have stopped his truck, which was traveling 30 mph, had he reacted properly when seeing Charlie at the top of the driveway.”
“Through the opinions of our retained experts, we were able to create a three-dimensional computer model of the events leading up to the crash. We were able to ultimately establish that if the driver had detected the electric scooter when leaving from the garage or his friend running down the driveway and began to slow, he would have been able to stop prior to reaching the area where the incident occurred.”
Mr. Brown and Mr. Lenert also presented the evidence to several focus groups and conducted a mock trial to learn how potential jurors would most likely interpret the evidence. According to Mr. Lenert, “What became apparent was that we needed to clearly show the jury that the driver of the truck, despite only having seven seconds to react, had ample time to appreciate the hazard of the children playing on the driveway and respond appropriately to avoid this tragedy.”
Shortly before the trial was to be scheduled, the same insurance company that initially denied the claim agreed to pay its full $6 million liability policy. “While we cannot go back in time and prevent this crash and Charlie’s catastrophic injuries, we are pleased that our thorough investigation, analysis, and prosecution of this crash, including the retention of some of the top experts in the country who utilized cutting edge technology, convinced the defense that they should tender their full policy limits as opposed to proceeding to a jury trial. This allowed us to secure a settlement that will allow Charlie’s parents to give their son the best available medical care and treatment for the rest of his life,” said Mr. Lenert.
“Meyers & Flowers is a firm with a dream team of experts for every situation. I know the case with our son was an uphill battle with a lot of grey areas, but they were able to get the job done with experts proving the case from our standpoint. Craig has kept constant contact with me on every aspect of my son’s case and thought of different approaches to evidence that I would have never dreamed of. He even made himself available to come to our house when driving to Chicago wasn’t possible with our busy schedule. The team was very professional and human! They treated us like real people rather than just another client. They listened to our pleas for help, and he made sure to fight for us to better our son’s future,” said Charlie’s parents.
Accident law is complex, with many intricacies to navigate. As a law firm with over 20 years of experience helping victims of auto accidents, we have the skills needed to protect your rights and ensure you are fully compensated both now and in the future. If you or a family member needs additional information on Meyers & Flowers’ experience in car crash or trucking accident litigation, please contact us today at [email protected] or at (630) 232-6333.
$5 Million
Truck Accident
Wrongful death lawsuit won for family of a truck driver killed at a Chicago loading facility.
$5 Million
Truck Accident
$5 Million Settlement for Family of Truck Driver Killed at Chicago Loading Facility
January 19, 2016, seemed like a typical day as Tracy parked his flatbed trailer in the loading zone of an industrial facility on the south side of Chicago and began preparing his flatbed to be loaded with large spools of wire.
As Tracy was in the process of removing equipment from a storage unit on the rear passenger side of his trailer, a semi tractor-trailer left a nearby loading bay, made a left-hand turn around the back of Tracy’s flatbed, and exited the facility along the passenger side of Tracy’s flatbed.
Approximately 15 minutes later, Tracy’s lifeless body was found next to his flatbed. There were no witnesses to the incident, and the driver of the truck denied striking Tracy. The investigating police department did not issue any citations to the truck driver.
Meyers & Flowers partners Craig Brown and Michael Lenert were contacted by Tracy’s wife and five adult children. The family wanted to know if anything could be done to address their father’s senseless death.
“When we initially evaluated this case shortly after Tracy was killed, we knew we had some evidentiary hurdles to clear because there were no witnesses to the occurrence, and Tracy failed to wear a safety vest and take other precautionary measures for his own safety,” said Craig Brown. “Fortunately, Tracy’s family hired us not long after Tracy was killed, so we were able to conduct a complete investigation before crucial evidence was tampered with or lost.”
After thoroughly investigating the incident, the firm filed a wrongful death action against the driver of the truck and the industrial facility. Mr. Brown and Mr. Lenert alleged that the loading facility was negligent because it failed to control truck traffic in the loading area where Tracy was parked. They also alleged that the truck driver was negligent because he should have passed Tracy’s trailer on the driver’s side, not the passenger side, and because he ran Tracy over by driving within approximately 12-24 inches of the side of Tracy’s flatbed.
The Defendants denied Tracy was killed by the truck and also claimed he was responsible for his own death because he was wearing dark clothing without a safety vest in a dimly lit high-traffic area and failed to keep a proper lookout for passing trucks.
The attorneys rejected the defendant’s initial $1.5 million settlement offer during an early settlement conference and began preparing for trial. They worked closely with an accident reconstruction expert, a trucking expert, a forensic pathologist, and a loading dock expert as they developed testimony that supported each of the allegations. The result: the defendants agreed to pay a $5 million settlement to Tracy’s family shortly before the trial was scheduled to begin in Cook County, Illinois.
“From the outset, this case presented many unique evidentiary and liability challenges,” said Mike Lenert. “After completing more than 35 depositions and engaging in extensive motion practice on various pleading and discovery issues, we were ultimately able to secure a fair and just settlement for a wonderful family who lost an incredible husband and father.”
For three years, Mr. Lenert and Mr. Brown worked closely with Tracy’s family to be sure they understood how they were structuring the case and each step they were taking on the family’s behalf.
“There was a lot of appreciation for the fact that Craig and Mike could balance my family’s many voices,” said Jordan, Tracy’s son. “And, the fact that Craig gave me his cellphone number just gave me a sense of security and sincerity with which he operates. I tried not to use it too much, but it meant so much to me that he was willing to give us that number and to be available to us when we needed him.”
With this settlement, the family has some closure and is finding ways to move forward with their lives while honoring their father. “The efforts of Meyers & Flowers have helped us out in a tremendous way,” said Jordan.
At Meyers & Flowers, compassion and vigorous advocacy are the cornerstones of our representation of families who have been forced to deal with unnecessary tragedy. Contact us if we can be of help. We can be reached online or at (630) 232-6333 to request a case evaluation.
$3.5 Million
Truck Accident
Awarded to 25-year-old man injured in a semi-truck collision.
$3.5 Million
Truck Accident
$3.5 Million Settlement For 25-Year-Old Man Injured in A Semi-Truck Collision
Meyers & Flowers partners, Craig D. Brown and James A. McPhedran, recently obtained a $3.5 million settlement on behalf of a 25-year-old man who sustained severe brain injuries after a collision with a tractor-trailer that attempted to make a left turn across a rural highway in Central Illinois.
On August 29, 2017, John was heading southbound on a rural highway when a semi-trailer truck pulled out of the intersection to make a left-hand turn in front of John.
As the sun began to rise that morning, there was thick fog covering the highway, leading to extremely poor driving visibility. Although the commercial truck driver was unable to adequately see oncoming traffic, he attempted to make a left-hand turn heading northbound. “This is a classic example of a professional truck driver failing to comply with FMCSR 392.14, which requires extreme caution in hazardous conditions and obligates the professional driver to discontinue driving when conditions become sufficiently dangerous,” said Brown. As he pulled into traffic, he abruptly stopped his cab once he approached the median to avoid another motorist to his right driving north. His stopping blocked both southbound lanes, creating an unavoidable hazard for John.
By the time John could see the potential danger and attempted to brake, it was too late. The impact of John’s Chevrolet colliding with the left side of the 79,000-pound vehicle resulted in substantial damage to his pickup truck. John suffered a broken leg and a severe brain injury in the collision.
According to Jim McPhedran, “This case was very challenging in several respects. The defense argued that John was at fault because he was driving too fast in the dense fog, and thus, his excessive speed prevented him from stopping in time to avoid the collision. Second, they argued a jury in down state Central Illinois County would be too conservative to award a large, just verdict. Fortunately, we hired expert accident reconstruction witnesses who were able to produce a video recreation that, among other things, illustrated how and why John was not at fault. Also, we were able to demonstrate to the defense that we have obtained many seven figure settlements and verdicts which helped us convince the defense to pay a settlement that was equal to what a jury most likely would have awarded recognizing that in an appropriate case, local juries in Central Illinois can also provide a just verdict to fairly compensate injured persons and their families.”
The settlement was finalized during a mediation in May, several weeks before the trial was set to begin. The $3.5 million payment will help cover John’s lost wages while giving him the ability to maximize his quality of life.
“John is a great young man who had his life changed in an instant by a truck driver’s reckless decision to make a left turn across a rural highway in dense fog. He is now able to afford the best cognitive therapy, which is already helping him recover more quickly. Hopefully, he will continue to get a little better each day and ultimately return to work as a truck driver,” said Mr. Brown.
“We went to this law firm with our hardships, and they reached out and did everything in their power to help us so that we could concentrate on my son and what was needed to bring him back to us,” explained John’s mother.
“I have a deep love for my family, and we wanted only what we could have to help my son get the care he needs to live the best life he can, every day, as he will have ongoing issues for the rest of his life. This law firm and/or staff have done this and more, and we are so thankful. We give our heartfelt blessings to the Meyers & Flowers family.”
If you or a loved one has been involved in a serious car crash or trucking accident, contact Meyers & Flowers today at [email protected], (630) 232-6333, or online to request a free case evaluation.
$3 Million
Truck Accident
Award to family of young man killed in chain reaction crash.
$3 Million
Truck Accident
$3 Million Award to Family of Young Man Killed in Chain Reaction Crash on I-80 In LaSalle County
On August 1, 2016, Octavio was sitting in his work truck stopped in construction traffic on westbound I-80 in LaSalle County, Illinois. Little did he know that several yards behind him, a truck driver had failed to slow his semi-tractor trailer as he approached Octavio and the stopped traffic behind him. The truck driver crashed into a car, which caused a chain reaction collision involving multiple vehicles. Tragically, Octavio and a young engaged couple in another vehicle were killed.
Octavio’s wife turned to Meyers & Flowers partners Jonathan Mincieli and Craig Brown for help with this devastating case as she faced having to raise three small children on her own.
Exhaustive research revealed that the truck driver and his employer only had $1 million of liability coverage. However, Jonathan Mincieli, lead counsel for the firm, was able to establish evidence to prove three other defendants, who did not employ the negligent trucker, were still legally responsible for Octavio’s death.
“By establishing liability against the other defendants through legal principles of apparent agency, joint venture liability, and broker liability, we were able to identify an additional $6 million in insurance coverage that otherwise would have been overlooked,” said Mr. Mincieli.
All four defendants agreed to pay their full $7 million policy limits to the three families who were tragically killed in this senseless crash. Ultimately, Meyers & Flowers obtained a $3 million payment for Octavio’s family, while the other two families received $2.1 million and $1.9 million each.
“I am so thankful through Jonathan’s hard work, we were able to establish liability against companies other than the underinsured truck driver. This man should never be allowed to operate a truck again,” said Mr. Brown. “Because of this award, Octavio’s wife will be able to provide for her children while they continue to mourn the death of an amazing husband and father and rebuild their lives.”
If you or your family have been involved in a serious truck crash, contact Meyers & Flowers. Our attorneys have the experience and skills needed to protect your rights and ensure that you are fully compensated both now and in the future. We can be reached online or at (630) 232-6333 to request a case evaluation.
What Is the Statute of Limitations to File in the State of Illinois?
In Illinois, a plaintiff in a personal injury lawsuit related to a truck accident must file their claim two years from the collision date. If the claim is not filed within this timeframe, the case will be dismissed, and the opportunity to collect damages will be lost. Therefore, it is crucial to contact a Chicago truck accident lawyer as soon as possible and begin working on your case immediately.
Fighting for Compensation After a Truck Accident in Chicago
After a truck accident, you may be entitled to various types of compensation, depending on the circumstances of the accident and the damages you have suffered. Some types of compensation that you may be able to recover include:
- Medical expenses. This includes the cost of medical treatment, hospitalization, rehabilitation and ongoing care.
- Lost wages. If your injuries prevent you from working, you may be able to recover compensation for lost wages and future earning capacity.
- Pain and suffering. You may be able to recover compensation for physical pain and emotional distress caused by the accident.
- Property damage. If your vehicle or other property was damaged in the accident, you may be able to recover the cost of repairs or replacement.
- Punitive damages. In some cases, you may recover punitive damages if the truck driver or trucking company acted recklessly or intentionally.
It’s essential to consider factors such as injury severity, property damage and liability to recover compensation after a truck accident. Meyers & Flowers Law Firm has skilled and experienced attorneys to help. The trucking company’s attorneys aim to limit their financial responsibility, which is not in the victim’s best interest. We prepare a highly detailed list of expenses, supported by expert research, to ensure our clients receive total compensation.
Meyers & Flowers is a top-rated Chicago law firm with experienced attorneys who handle the trucking company’s crash response team and insurance companies. We preserve evidence, interview witnesses, and employ respected experts to reconstruct the accident and prevent blame-shifting to our clients.
What Is the Average Truck Accident Settlement in Chicago?
There is no such thing as an “average” truck accident settlement. Settlement values are based on a long list of factors that are unique to each case. Some claims are resolved with settlements in the tens of thousands of dollars, while other truck accidents result in millions of dollars awarded to severely or catastrophically injured victims and the loved ones of those wrongfully killed.
The most accurate way to get an estimate of how much your particular case might be worth is by consulting with an attorney. A Chicago truck accident attorney at Meyers & Flowers can analyze your losses, including your injuries, medical costs, and many other factors that play a role in determining the value of a case. Then, your truck accident attorney in Chicago can help you prove your losses using clear and convincing evidence. Strong evidence can help improve your case outcome.
As a general rule, trucking accident cases tend to be worth more than average car accidents. This is because these collisions typically inflict more severe injuries and damages on those involved. A greater level of loss equates to more financial compensation needed to make a victim who
Seeking Justice After Truck Accidents
Truck accidents can be devastating and life-changing events. They often result in serious injuries or even fatalities. Meyers & Flowers is dedicated to helping truck accident victims and their families get the justice they deserve. Each skilled truck accident attorney in Chicago on our team has the knowledge and resources necessary to investigate your case, identify liable parties and fight for your rights in court.
Commercial trucking accidents are complex and involve multiple parties, including the truck driver, the trucking company and potentially other entities. State and federal regulations further complicate matters. Passengers in other vehicles involved in these accidents are at a higher risk of fatalities. The trucking industry is monitored for safety, with regulations such as limiting driving hours and requiring breaks.
Meyers & Flowers has experience navigating these cases and works closely with clients to hold all responsible parties accountable and obtain fair compensation. Our goal is to promote safer practices in the commercial trucking industry.
What Are Some Causes of Truck Accidents in Chicago?
In Chicago, driver error is the most common cause of truck accidents, which can result from negligent behavior such as:
- Fatigue: failing to take required breaks and driving beyond regulated hours per day or week
- Drugs and alcohol: taking drugs to sustain energy or consuming even one drink, which is illegal for commercial drivers
- Speeding: violating posted speed limits or driving too fast for road conditions
- Improper training: driving a commercial vehicle without proper training or licensing
Other causes may include:
- Inadequate maintenance of the truck and trailer
- Manufacturer negligence
- Corporate timetables that violate the Department of Transport’s “Hours of Safety Regulations”
Determining the cause of your truck accident is one of the first steps toward seeking justice. Our Chicago car accident lawyers can conduct a comprehensive crash investigation on your behalf.
Truck Drivers and Drowsy Driving
Drowsy driving is a significant but often overlooked cause of truck accidents. Truck drivers’ demanding schedules can lead to fatigue and sleep deprivation, impairing their ability to drive safely. This can result in slower reaction times, poor decision-making and reduced alertness.
Fatigued drivers may struggle to concentrate, stay in their lane, judge distances and react quickly to traffic changes. In extreme cases, they may even fall asleep at the wheel, leading to potentially fatal accidents.
Regulations and Compliance
To reduce the dangers of drowsy driving, the Federal Motor Carrier Safety Administration (FMCSA) has set hours-of-service (HOS) rules. These rules restrict the number of consecutive hours a truck driver can work and require rest breaks to ensure they get enough sleep. For example:
- Drivers can drive for up to 11 hours in a 14-hour work period
- After eight hours of driving, they must take a 30-minute break
- Drivers need at least ten consecutive hours off duty before starting a new shift
Even with these rules, not everyone follows them. Some trucking companies may push drivers to meet tight deadlines, leading them to exceed the limits. Drivers may also push themselves to earn more or finish routes faster.
Truck drivers need to know the signs of fatigue to prevent drowsy driving. Symptoms include:
- Frequent yawning
- Struggling to keep eyes open
- Drifting from their lane
- Missing road signs or exits
If a driver notices the signs of drowsy driving, he or she is responsible for pulling over and resting. Determining fault in a drowsy-driving truck accident can be complicated. For example, if the driver was fatigued and broke HOS rules, both the driver and the company could be responsible.
Common Types of Trucking Accidents in Chicago
Large trucks can crash in unique ways compared to typical motor vehicles. Due to their size, weight, and trailer attachment, big rigs can be involved in a variety of unique accidents. It is often possible to narrow down the cause of an 18-wheeler crash based on the type of crash.
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Involved in a Truck Accident?
A careful analysis of your particular accident can help determine the cause and identify the at-fault party.
Jackknife Accidents
A jackknife accident is a type of trucking collision where the trailer that a large truck is towing swings outward and away from the cab, folding into an acute angle that is similar to the shape of a pocket knife. Jackknife accidents can be extremely dangerous, as the driver of the truck will no longer be in control of the vehicle. This can lead to truck rollovers or pile-up accidents.
Jackknife collisions are often caused by truck driver errors, such as speeding, going too fast around a curve or downhill, and braking too hard. Equipment malfunctions, such as brake failure and tire blowouts, can also contribute to jackknife accidents.
Rollover Crashes
Rollover crashes are a significant cause of truck accidents in Chicago, caused by factors such as:
- Collision with other vehicles
- Miscalculated ramp speed
- Road conditions
- Sudden steering maneuvers
The National Highway Traffic Safety Administration (NHTSA) has recently implemented a rule requiring electronic stability control (ESC) systems on heavy trucks and buses weighing over 26,000 pounds. ESC systems use automatic, computer-controlled braking to prevent rollovers when drivers cannot react quickly enough.
This technology has already proven successful in passenger vehicles and light trucks since 2012. The rule is expected to prevent 40 to 56% of rollover crashes and 14% of loss of control crashes, resulting in approximately 1,600 crashes, 575 injuries and 45 deaths prevented.
If you are involved in a rollover accident, it is crucial to have a relentless truck accident attorney in Chicago to handle future expenses beyond immediate medical costs. Meyers & Flowers has a highly respected Chicago truck accident lawyer preparation team with a successful track record.
Underride and Override Accidents
When a large truck is involved in a rear-end collision in Chicago, it can lead to an underride or override accident. An underride accident occurs when a smaller vehicle slides underneath the taller trailer of a large truck. This type of crash often has devastating consequences, including traumatic brain injuries and decapitations.
An override accident describes a large truck running up and over a smaller car in a collision. This can lead to a deadly situation where the smaller car gets crushed beneath the big rig. Underride and override accidents can be caused by following too closely (tailgating), missing rear-impact guards, truck driver fatigue or distraction, poor visibility, and dangerous road conditions.
What Are the Injuries One May Sustain From a Truck Accident?
Truck accidents often result in severe and life-changing injuries. Most often, the victims that are hurt the worst are those in the smaller passenger cars, not the truck. At Meyers & Flowers, we can help you seek justice for any kind of injury you suffer in a trucking accident, including the following:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Fractures in the arms, legs, ribs and pelvis
- Compound fractures, where the bone breaks through the skin
- Damage to organs like the liver, kidneys, spleen, or lungs can cause internal bleeding and other serious problems
- Whiplash, which can damage neck muscles, ligaments and tendons
- Cuts and lacerations
- Psychological trauma, such as PTSD, anxiety, depression and other emotional disturbances
We will help you seek compensation for the full extent of your losses, including future, foreseeable medical expenses associated with a major injury. Our truck accident lawyers in Chicago can connect you to top doctors in Chicago to optimize your recovery.
What to Do if You Have Been Involved in a Truck Accident in Chicago
In Illinois, local traffic rules can apply if they do not conflict with state regulations. Interstate trucking companies must register with the Illinois Commerce Commission and obtain valid permits to drive on interstate highways.
If you are involved in a collision with a commercial truck, it is essential to take the following steps:
- Seek medical attention. If you or anyone involved in the accident is injured, seek medical attention immediately.
- Contact the police. Call 911 and report the accident to the police. They will investigate the accident and create an accident report.
- Gather information. Collect information from all parties involved in the accident, including their names, contact information, insurance information and license plate numbers.
- Document the scene. Take photos of the accident, including any vehicle damage and injuries sustained.
- Contact an attorney. It is essential to contact an experienced truck accident attorney as soon as possible. They can help you navigate the legal process and pursue your deserved compensation.
- Notify your insurance company. Report the accident to your insurance company and provide them with all relevant information.
- Avoid speaking with insurance adjusters. Consult with your attorney before speaking with insurance adjusters or signing any documents.
By following these steps, you can protect your rights and ensure you receive the compensation you deserve after a truck accident in Illinois.
How Do You Determine Liability in Truck Accidents?
Liability, meaning legal and financial responsibility, is something that must be determined and proven to have a successful truck accident case in Chicago. Understanding liability starts with knowing whether Illinois is a fault or no-fault car insurance state.
Like most states, Illinois uses an at-fault law. With this insurance system, the person most at fault for causing a trucking accident will be held liable for a victim’s damages. Determining liability can be a lengthy process.
Investigating the Scene
The accident scene is thoroughly examined to determine liability. This involves collecting evidence like photos, videos and witness statements. Law enforcement creates an accident report, and experts may be called in to analyze the scene.
Analyzing the Driver’s Actions
The truck driver’s actions before the accident are examined, including fatigue, speeding, distracted driving and substance use, which are common causes of truck accidents. Driver logs, ELDs and onboard cameras can provide important information about the driver’s behavior and adherence to regulations.
Examining the Trucking Company
Trucking companies are frequently responsible for accidents involving their vehicles. Their hiring, training, and maintenance practices and the truck’s maintenance history and safety compliance records are reviewed. Companies that prioritize deadlines or cost-cutting over safety may be held responsible for accidents.
Inspecting the Vehicle
The truck’s condition is crucial. Mechanical failures, poor maintenance, or defective parts can cause accidents. Inspecting components like brakes, tires and steering can determine if maintenance or manufacturer issues were involved.
Reviewing Regulatory Compliance
Federal and state regulations govern the trucking industry for road safety, and compliance with these rules is essential in determining liability. Violations of hours-of-service, weight limits and safety standards can show negligence by the driver or the trucking company.
Considering Third Parties
Sometimes, third parties like cargo loaders, manufacturers, or maintenance providers may also be responsible. For instance, improperly loaded cargo can cause the driver to lose control. If a defective part is involved, the manufacturer may be held accountable.
Non-Driver Liability in Truck Accidents
Liability for truck accidents in Chicago doesn’t always rest solely with the truck driver. Several parties besides the truck driver may be held accountable for a truck accident, including the trucking company, cargo loaders, maintenance providers and vehicle manufacturers. Identifying all liable parties in complex truck accident cases is crucial for ensuring victims receive total compensation for their injuries and losses.
Who Can I Sue in a Truck Accident?
The Truck Driver
The truck driver is often the first party to be considered for liability. For example, if the driver drove negligently in one of the following ways, they can be held responsible for the accident:
- Under the influence
- Fatigued
- Distracted
- Speeding
Driver error is a common cause of truck accidents, and proving negligence is crucial in holding the driver accountable.
The Trucking Company
The trucking company can also be liable for the accident. Companies are responsible for:
- Ensuring their drivers are adequately trained and licensed
- Maintaining their fleet
- Adhering to safety regulations
If the trucking company fails in these duties, such as encouraging drivers to violate hours-of-service regulations or neglecting vehicle maintenance, they can be sued for negligence.
The Vehicle or Parts Manufacturer
If a defect in the truck or its components contributed to the accident, the vehicle manufacturer might be held liable. This could include defects in the following:
- Brakes
- Tires
- Engine
- Other critical parts
Product liability claims against manufacturers are based on proving that a defect existed and caused the accident.
Maintenance Providers
If a third-party maintenance provider performed inadequate repairs or failed to address critical issues, they could be held responsible for the accident. Maintenance records and expert testimony are typically used to prove negligence in these situations.
Cargo Loaders
Poorly loaded or unsecured cargo can cause accidents by shifting during transit and destabilizing the truck. If the accident is due to improper loading, the cargo loading company could face legal action, especially if the load did not comply with safety regulations.
Other Drivers
In some cases, another driver’s actions could have contributed to the accident. If the other driver was driving recklessly, distracted, or violated traffic laws, they could be held responsible for the accident. Determining the actions of all drivers involved is crucial to establishing liability.
Government Entities
Bad road conditions, insufficient signage, or improper road design can lead to truck accidents. In these situations, the government entity in charge of road maintenance may be responsible. Suing a government entity has specific procedures and timelines, so acting quickly and seeking advice from a knowledgeable attorney is essential.
Third-Party Contractors
Trucking companies often hire third-party contractors for tasks like logistics and transportation. If a contractor’s negligence led to the accident, they could be held responsible. It’s crucial to investigate the role of all contractors involved to identify all responsible parties.
What’s a Semi-Truck “Black Box,” and How Can I Use One in My Case?
A semi-truck “black box,” also known as an Event Data Recorder (EDR) or Electronic Control Module (ECM), is a device installed in commercial trucks that records crucial operational data. This data can include the following information:
- The truck’s speed
- Braking patterns
- Engine performance
- Driver activities just before, during and after a crash
Much like the black boxes in airplanes, these devices are instrumental in reconstructing events leading up to an accident, providing invaluable insights into the factors contributing to a collision.
Using a semi-truck black box in your Chicago truck accident case can significantly strengthen your legal claim. For example:
- The data from the black box can help establish critical facts, such as the truck’s speed, brake application before the crash, and any mechanical issues
- This information can be crucial in proving negligence or wrongdoing by the driver or the company
- If the black box data shows the driver exceeded mandated hours of service, it could demonstrate driver fatigue, holding the company accountable for pushing their drivers beyond safe limits
Acting quickly is crucial to using black box data effectively in your truck accident case. The trucking company controls the black box; data alteration or destruction is possible if it is not preserved promptly.
Your truck accident attorney can issue a spoliation letter to legally obligate the company to preserve the data and other evidence. Once preserved, your legal team can work with experts to download and analyze the data, supporting your claim for compensation in court.
What if a Loved One Was Lost in a Truck Accident?
Losing a loved one in a truck accident is a devastating and life-altering experience. Beyond the emotional pain and grief, families often face significant financial burdens. In such tragic circumstances, a wrongful death claim can help provide financial relief and a sense of justice for your loss.
This type of legal action aims to recover damages for various losses, including:
- Medical bills incurred before death
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship
- Emotional suffering
At Meyers & Flowers, our compassionate and experienced Chicago wrongful death attorneys are dedicated to helping families who have lost a loved one due to others’ negligence. Our goal is to ensure that you receive the justice and compensation you deserve, allowing you to focus on honoring your loved one’s memory and moving forward with the support you need.
How Are Truck Accident Damages Calculated?
Truck accident damages are calculated based on several factors that reflect the victim’s losses and hardships. The process involves assessing economic and non-economic damages to determine a fair compensation amount.
Here’s a breakdown of how truck accident damages are typically calculated:
Economic Damages
These are tangible, measurable losses that result from the accident and include:
- Current and future medical bills related to injuries sustained in the accident, such as hospitalization, surgeries, rehabilitation, medications and ongoing treatments
- Compensation for lost wages and potential future earning capacity
- The cost of repairing or replacing damaged vehicles or other property as a result of the accident
Noneconomic Damages
These are subjective losses that are more challenging to quantify but are equally important:
- Pain and suffering. This includes physical pain, emotional distress, mental anguish and the overall impact of the injuries on the victim’s quality of life.
- Loss of consortium. This refers to the impact the injuries have on the victim’s relationships, including loss of companionship, support and consortium with a spouse or family members.
- Loss of enjoyment of life. Compensation for the inability to engage in activities or hobbies enjoyed before the accident due to injuries or disabilities.
- Punitive damages. In cases where the defendant’s actions were particularly reckless or intentional, punitive damages may be awarded to punish the defendant and deter similar misconduct in the future.
Calculating the Damages
Various factors are considered, such as:
- The severity of injuries
- The extent of property damage
- Medical records and bills
- Expert opinions
- The victim’s age and occupation
- Emotional impact
- The long-term consequences of the accident
Dos and Don’ts of Dealing With Insurance After a Crash
Following these dos and don’ts can protect your rights and increase your chances of obtaining fair compensation after a truck accident.
DOS:
Seek Medical Attention Immediately
Your health should be your top priority. Get medical help even if your injuries seem minor. Not only is this crucial for your well-being, but it also ensures that your injuries are documented, which can be necessary for your claim.
Report the Accident
Notify your insurance company as soon as possible. Provide them basic information about the crash, but only give detailed statements once you’ve consulted with an attorney.
Gather Evidence
Collect as much information as possible from the accident scene. Take photos of the vehicles, the road conditions and any visible injuries. Get contact information from witnesses and note any relevant details.
Keep Records
Maintain a file with all relevant documents, including medical records, repair estimates and any correspondence with insurance companies. This can help support your claim and keep you organized.
DON’TS:
Don’t Admit Fault
Never admit fault at the accident scene or to the insurance adjuster. Even a simple apology can be misconstrued as an admission of liability, which could negatively impact your claim.
Don’t Give Recorded Statements
Insurance adjusters might ask for a recorded statement soon after the crash. Politely decline and consult with your attorney before agreeing to any such requests. These statements can be used against you later.
Don’t Settle Too Quickly
Insurance companies may offer a quick settlement that is often lower than you deserve. Do not accept any settlement offer without discussing it with your attorney to ensure it covers all your damages and future expenses.
Don’t Sign Anything Without Legal Advice
Avoid signing any documents from the insurance company without having them reviewed by your lawyer. You might inadvertently waive your rights to further compensation.
Don’t Ignore Medical Advice
Follow your doctor’s recommendations and attend all follow-up appointments. Ignoring medical advice can not only harm your recovery but also weaken your claim, as it may appear that your injuries are not as severe as you claim.
How Long Will My Case Take?
The time it takes to resolve a truck accident case depends on several factors, such as:
- How complicated the case is
- How badly you were hurt
- Whether both sides are willing to make a deal
- How busy the court is
On average, it can take a few months to several years to sort everything out. There will be an investigation and talks to reach a settlement, which can take a few months. If a fair deal can’t be reached and the case goes to trial, it could take a year or more.
Having a skilled truck accident lawyer on your side can make the process smoother and ensure you’re awarded the compensation you deserve.
Importance of Having a Top Truck Accident Attorney in Chicago
Truck accident litigation is complex as there may be multiple negligent parties, including the truck driver, trucking company, truck manufacturer, or a government agency that failed to mark a road hazard. At Meyers & Flowers, we efficiently and aggressively manage all aspects of this type of litigation to obtain millions of dollars in settlements for our clients.
Our goal is to remove the stress from the process, allowing you to focus on recovery and getting your life back. When losing a loved one, we seek total damages for surviving family members to ease the financial burden. Contact us for an initial consultation with a top Meyers & Flowers truck accident lawyer in Chicago at no charge, and we only collect legal fees if we win your case.
Truck Accident Statistics for Illinois
According to the Illinois Department of Transportation (IDOT), there were 12,260 crashes involving large trucks in Illinois in 2019. These crashes resulted in 2,758 injuries and 92 fatalities. Most of these crashes occurred on interstate highways, with I-55 and I-80 being Illinois’s most common locations for truck accidents.
The leading causes of truck accidents in Illinois include speeding, following too closely, driver fatigue, distracted driving, and driving under the influence of drugs or alcohol. It is important to note that these statistics only represent reported truck accidents in Illinois, and the actual number of truck accidents may be higher.
Frequently Asked Questions on Truck Accident Law
What Should I Do If I’m Involved in a Truck Accident in Illinois?
If you’re involved in a truck accident in Illinois, you should first call 911 to report the accident and seek medical attention if needed. Exchange contact and insurance information with the other driver(s) involved and take photos of the accident scene and any damages.
Who is Responsible for A Truck Accident in Illinois?
The responsibility for a truck accident in Illinois depends on the specific circumstances of the accident. It could be the truck driver, the trucking company, or other parties involved in the accident.
How Long Do I Have to File a Truck Accident Claim in Illinois?
Illinois’s statute of limitations for filing a personal injury claim related to a truck accident is two years from the accident date.
What Damages Can I Recover in a Truck Accident Lawsuit in Illinois?
The damages you can recover in a truck accident lawsuit in Illinois may include medical expenses, lost wages, pain and suffering, and property damage.
What Evidence Do I Need To Prove My Truck Accident Case in Illinois?
To prove your truck accident case in Illinois, you may need evidence such as police reports, witness statements, medical records, and photos or videos of the accident scene.
Can I Still Recover Damages If I Was Partially At Fault for the Truck Accident in Illinois?
Yes, you may still be able to recover damages even if you were partially at fault for the truck accident in Illinois. Illinois follows a comparative negligence rule, which means that damages are reduced based on the percentage of fault assigned to each party.
What Is the Average Settlement for a Truck Accident in Illinois?
The average settlement for a truck accident in Illinois varies widely depending on the specific circumstances of the accident, but it can range from tens of thousands to millions of dollars.
What Are the Common Causes of Truck Accidents in Illinois?
Common causes of truck accidents in Illinois include driver fatigue, distracted driving, speeding, improper maintenance, and overloaded or improperly loaded cargo.
Should I Hire a Lawyer for My Truck Accident Case in Illinois?
Hiring a truck accident attorney in Chicago for your truck accident case in Illinois is recommended, especially if you’ve suffered severe injuries or significant damages. A truck accident lawyer in Chicago can help you navigate the complex legal process and negotiate with insurance companies to ensure you receive fair compensation.
What are Illinois’s Accident Reporting Laws?
In Illinois, drivers must report any motor vehicle accident that results in death, bodily injury, or property damage exceeding $1,500 to the local police or the Illinois Department of Transportation within ten days. If the accident involves an uninsured driver, the property damage reporting threshold is reduced to $500. Failure to report an accident can result in penalties, including fines and the suspension of driving privileges.
Contact Our Experienced Chicago Truck Accident Attorneys Today | Request a Free Consultation
If you have been injured in a recent truck accident, put your trust in the Chicago personal injury lawyers at Meyers & Flowers. We are ready to work for you with compassionate personal injury lawyers and high-quality legal resources. You can rely upon our law firm for everything you need to get through this difficult time and look toward the future with hope. Contact us to learn more about your truck accident case during a free consultation in Chicago. Call (630) 576-9696 today.