Truck Accident Lawyers Chicago

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Semi-truck involved in a crash awith a mini-van.

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. Our team of skilled truck accident attorneys has the knowledge and resources necessary to investigate your case, identify liable parties, and fight for your rights in court.

Facing the Odds: Legal Dynamics in Commercial Trucking Accidents

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.

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.

Semi-truck reared ended into another truck.

Causes Of Truck Accidents

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 & 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 "Hours of Safety Regulations"

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 (NHSTA) 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 truck accident lawyer preparation team with a successful track record.

INJURIES YOU MAY SUSTAIN FROM A TRUCK ACCIDENT

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

TRUCK DRIVERS AND DROWSY DRIVING

Drowsy driving is a significant but often overlooked cause of truck accidents. Here’s how:

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

Legal Implications of Drowsy Driving

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. Accident victims can pursue compensation for the following:

Medical costs
Lost wages
Pain and suffering
Other damages

What To Do If You Have Been Involved In A Truck Accident

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.

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 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. 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 consultation.

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.

truck with its front end in the grass next to a road

HOW DO YOU DETERMINE LIABILITY IN TRUCK ACCIDENTS?

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, 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.

there is a large wooden wall in the lobby of a building

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 YOU 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 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.

Fighting For Compensation After A Truck Accident

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 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 truck accident 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.

Woman who is sad and holding her face in her hands

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, medication, 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

Non-Economic 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

DO’S 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.

Do’s:

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.

Schedule A Consultation

Importance Of Having A Top Truck Accident Attorney

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 one of our top Chicago truck accident lawyers at no charge, and we only collect legal fees if we win your case.

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 lawyer for your truck accident case in Illinois is recommended, especially if you've suffered severe injuries or significant damages. A lawyer 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.