How Do Truck Illinois Accident Lawsuits Work?

Have you ever been caught up in something so overwhelming that you didn’t know where to start? That’s how a lot of people feel after a truck accident. You’re dealing with injuries, paperwork, and calls from insurance companies.

Truck accidents are complicated. The truck driver, the trucking company, and other parties are involved, and figuring out who’s responsible isn’t always clear.

You might find yourself stuck in a mess of legal terms and processes. An experienced truck accident lawyer can help you understand the process. Knowing what to expect could make the difference between getting overwhelmed and getting what you deserve.

Causes of Truck Accidents

Truck accidents happen for various reasons and are often complicated. A tired truck driver might miss a stop sign or nod off behind the wheel, which can lead to a severe wreck. Distracted driving is another common cause – glancing at a phone or a GPS can cause a devastating semi-truck accident.

The truck driver isn’t always at fault. Sometimes, the trucking firm fails to maintain the vehicle properly or overworks employees. Poorly maintained brakes or overloaded cargo can make it almost impossible to control massive trucks. Sometimes, the fault could lie with the truck’s manufacturer if a faulty part caused the accident.

Determining liability can be challenging because multiple parties might be responsible. That’s why truck accident victims often turn to an experienced attorney to help handle their accident lawsuits.

What to Do After a Truck Accident

Truck accidents can turn your life upside down in an instant. Knowing what to do next can significantly affect how your truck accident case plays out. It’s not just about dealing with the physical pain but also the headache of figuring out what to do legally. You might be dealing with truck drivers, trucking companies, or multiple insurance companies.

Seek Medical Attention

After a truck accident, your priority should be getting medical help. You should still see a doctor if you think you’re okay or have minor injuries. Truck accidents can cause hidden injuries that don’t show up immediately, like internal bleeding.

Seeing a doctor immediately isn’t just good for your health; it helps document your injuries. These medical records are crucial if you file a truck accident lawsuit later. They provide evidence of the incident’s impact on your health, which an experienced truck accident attorney will need.

Gather Evidence and Documentation

Collecting evidence is very important in truck accident lawsuits. The more proof you have, the stronger your truck accident claim will be. Start by getting a copy of the police report, which often provides an unbiased account of the accident scene.

If possible, take photos and videos of the accident scene, your vehicle, the vehicle of the other driver, and any visible injuries. Get the contact information of any witnesses. Eyewitness statements can be very valuable later on.

If the truck involved has a black box, your personal injury lawyer can request its data, which could show the truck driver’s speed and actions right before the crash. This information will help your truck accident attorney build a solid case against the other driver, trucking company, or liable parties.

Identify Liable Parties

Determining who’s at fault in trucking accidents can be challenging. It’s not just about the actions of the truck driver. The trucking company might be at fault for pushing the driver to meet tight deadlines or not maintaining the vehicle properly. The manufacturer of a faulty part could be liable.

Sorting this out needs a deep investigation; victims often rely on a truck accident lawyer to handle the investigation. Understanding who’s responsible will ensure you go after the proper parties on your truck accident lawsuit.

File a Lawsuit

You might file a truck accident lawsuit once you know who’s liable. This process starts with drafting a complaint, which is a formal document that explains why you’re suing, who you’re suing, and what you want in compensation.

After the complaint is filed, the defendants are served. Then comes the discovery phase, during which both sides share evidence and information.

Most truck accident settlements are reached during this phase. If a settlement isn’t possible, the case goes to trial, where a judge or jury decides the outcome. Throughout this process, having an experienced lawyer by your side can make handling these truck accident lawsuits easier.

Types of Damages in Truck Accident Cases

When a truck accident happens, the cost can add up quickly. Victims of these incidents are often entitled to different damages depending on their case. The most common type is medical expenses, including hospital stays and surgeries, medication, and physical therapy.

For truck drivers or others who are unable to work because of their injuries, lost wages and loss of future earning capacity can be a big part of the claim. There’s also property damage. Truck accidents can cause severe damage to cars and personal belongings, and you can be compensated for repairs and replacements.

Another significant type is pain and suffering. This is more difficult to calculate but covers emotional distress, anxiety, or the impact the accident has on your day-to-day life.

In cases where the trucking company or truck driver was incredibly reckless or negligent, victims might be awarded punitive damages. These damages might be awarded for drunk driving or ignoring safety rules.

They are meant to punish the wrongdoer and discourage similar behavior in the future. Not every case qualifies for these, but they can significantly increase the value of a truck accident settlement.

Calculating Damages

Calculating damages in personal injury cases isn’t just about adding up medical bills or lost wages. It’s also about determining how serious injuries have changed your life. For example, if a semi-truck accident leaves you unable to work in your field, the impact on your future earning potential will be considered.

Emotional distress, such as anxiety or PTSD from accidents involving commercial trucks, is a factor. Trucking and insurance companies often try to minimize these non-economic damages, which is why a strong case is important.

Federal Trucking Regulations and Their Impact on Lawsuits

Truck drivers and trucking companies must follow strict rules to keep the roads safe. These rules, set by federal regulations, prevent accidents and protect everyone.

They can strengthen a lawsuit against the trucking company when these rules are broken. Knowing how these violations work can prove negligence in a truck accident case.

Hours of Service Violations

Truck drivers are limited in how many hours they can be on the road without taking a break. These “hours of service” rules are supposed to prevent accidents caused by fatigue.

A truck driver exceeding these limits can lead to drowsy driving, which might cause serious injuries. When this happens, it’s solid evidence that the trucking company failed to prioritize safety, which can work in your favor in a lawsuit.

Maintenance Violations

Trucking companies are responsible for keeping trucks in good shape. This includes regular checks on brakes, tires, and lights.

If a company skips these checks or ignores problems, it can lead to dangerous situations. A poorly maintained truck can make a strong negligence case, which shows that the company didn’t take precautions to prevent injuries caused by an accident.

Why You Need a Truck Accident Lawyer

Handling a truck accident case on your own can be overwhelming. There’s so much at stake – medical bills, lost wages, and the pain and suffering you’ve gone through. Dealing with an insurance company is rarely easy.

This is why having a truck accident lawyer by your side can make a significant difference. They know everything about the legal process and can handle the heavy lifting for you.

Investigating the Accident

A lawyer’s first job is digging deep and discovering what happened. This means collecting evidence from the scene, checking truck maintenance records, and even reviewing the truck driver’s history. They’ll talk to witnesses and gather expert opinions.

This thorough investigation helps identify who is responsible – the truck driver, the trucking company, or even a parts manufacturer. With a solid foundation of evidence, they can build a strong case that supports your claim.

Negotiating with Insurance Companies

Insurance companies are known for offering low settlements or even denying claims altogether. A good lawyer will challenge the insurance company and fight for a fair amount.

They understand how to calculate your total damages, including medical costs and lost income, and give you a rough estimate for pain and suffering. A lawyer who deals with the insurance company and other parties can help you receive a fair settlement.

Representing You in Court

Your lawyer will take your case to court if negotiations don’t work. They’ll present your case to a judge or jury and argue for the compensation you deserve.

It’s their job to ensure your side of the story is heard and those responsible are held accountable. Having legal support gives you the best chance of getting the results you’re hoping for.

Settling a Truck Accident Lawsuit vs. Going to Trial

After a truck accident, you might wonder whether to settle or take your case to trial. Each option has pros and cons and is not always an easy decision. Settling can seem quicker and less stressful, but taking the case to court is sometimes necessary to get what you deserve.

Advantages of Settling

Settling a truck accident lawsuit often means you get a resolution faster. You can avoid the lengthy process of going to court and get your settlement sooner. This is helpful when bills pile up or you need money to cover ongoing expenses.

Also, settling means lower legal fees since you won’t have to pay for a drawn-out trial. Settlements are usually more predictable, and there’s less guessing about what a judge or jury might decide. It’s a good way to end the legal battle without additional stress.

Risks of Trial

Going to trial has its downsides. Trials take time, sometimes months or even years. You’re left waiting during that period, which can add extra strain. There’s also the uncertainty. Even if you have a strong case, there’s no guarantee you’ll win or get the amount you’re hoping for.

Plus, the insurance company might fight a tough case in court, making the process more complicated. That’s why it’s essential to weigh the risks and benefits before going to trial.

Reach Out to a Truck Accident Attorney Today!

If you’ve been injured in a truck accident, you need legal help to get the compensation you deserve. With Rosenfeld Injury Lawyers, you get a law firm committed to fighting for your rights every step of the way. We don’t charge you any fees unless we win your case, so there’s no risk in reaching out.

Call our Chicago truck accident lawyers at (888) 424-5757 for a free, no-obligation consultation. You can also fill out our online contact form. We’re available 24/7 to answer your questions and discuss your options.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.