Peoria Truck Accident Lawyer

Rosenfeld Injury Lawyers LLC Team

There were around 4,283 motor vehicle accidents last year in Peoria, 1,187 of those resulted in injuries [1]. Many of these accidents involve extremely dangerous large commercial trucks. Unlike other car accidents involving only passenger vehicles, trucking accidents often result in much more severe injuries due to the size of the trucks involved.

Truck accident claims tend to be more complex than a regular, run-of-the-mill personal injury claim. Your truck accident case should not be handled by just any personal injury lawyer.

Truck accident cases are considerably different than other car accident cases due to their complexity, the type of insurance involved, and federal and state regulations. It’s important to hire an experienced Peoria truck accident attorney for help seeking justice.

You Have Limited Time to File a Truck Accident Lawsuit in Peoria, IL

The statute of limitations in Peoria, IL, for personal injury, product liability, and wrongful death, is two years from the date of injury or death. If you file your claim after this time passes, it will not be allowed to go through the court system.

While this may seem like a lot of time, it goes by quickly when you’re recovering from a serious injury or grieving. Starting the legal process sooner can help to get you a fair settlement sooner.

Types of Cases That Our Peoria Truck Accident Attorneys Handle

Our personal injury law firm handles a variety of truck accident cases, including:

  • Rollover accidents
  • Jackknife accidents
  • Wide turn accidents
  • Underride accidents
  • T-bone accidents
  • Blindspot accidents
  • Rear-end collisions
  • Head-on truck accidents

The Most Common Causes of Truck Accidents in Peoria, IL

The most common causes of truck accidents in Peoria, IL, are:

  • Fatigued driving
  • Distracted driving
  • Improperly loaded cargo
  • Poor maintenance
  • Reckless driving
  • Poor weather

Do You Have a Trucking Accident Case?

Your Peoria truck accident lawyer will be responsible for proving that the other parties involved in your case had a legal duty of care that they breached. This breach caused your injuries and financial damages.

This may sound somewhat complicated, but in a truck accident case, it can be fairly straightforward. For example, truck drivers must follow hours of service laws and take appropriate breaks. If driver fatigue or distracted driving causes an accident, your truck accident attorney can prove how these actions caused your injuries and damages.

Who Can Be Liable for a Truck Accident in Peoria, IL?

There are multiple parties that can be held liable for truck accident claims. Your Peoria truck accident lawyer can help you determine liability. Some potentially responsible parties include:

  • Truck drivers – A truck driver is often the party held liable for truck accidents, especially if they are found to drive recklessly or while violating federal regulations, such as the hours of service requirements in place for large commercial trucks.
  • Trucking companies – A truck company can be a liable party through vicarious liability or as a result of how its policies, scheduling, loading, or other factors caused an accident.
  • Drivers of other vehicles – If the driver of a passenger vehicle or other vehicles caused the crash, you can hold the driver of that passenger vehicle liable. For example, if they fell asleep from driver fatigue or were recklessly weaving in between traffic and caused a truck accident, it is possible to sue them, too.
  • Auto parts manufacturers – For truck accidents that involve defective parts, it is possible that your truck accident lawyer will be able to file a claim against the auto parts manufacturer that made the faulty part.
  • Maintenance shops – Many trucking companies outsource maintenance shops to ensure that their large trucks undergo proper maintenance. If the truck was not properly maintained and this lack of maintenance caused an accident, it is possible to hold the maintenance company responsible through the legal process.
  • Government agencies – For an accident involving a large truck owned and operated by a government agency, such as a firetruck or garbage truck, the government agencies can be the responsible parties accountable.

Proving Fault in a Truck Accident Case

Under Illinois law, you can recover economic damages against parties that hold less than 50% of the fault under modified comparative negligence laws. You may not be able to recover non-economic damages who do not have the majority of the responsibility for an accident.

Damages That Peoria Truck Accident Victims Can Pursue

There are different types of damages that your Peoria truck accident lawyer can pursue. Which types of damages are available to you depends on your specific case and who is filing the claim.

Economic Damages

Economic damages typically relate to a monetary loss. These can include:

  • Medical bills
  • Property damage
  • Lost wages
  • Counseling
  • Physical therapy
  • Vehicle replacement

Non-Economic Damages

Non-economic damages are not directly related to financial losses but rather calculations based on other factors. Some common non-economic damages include:

  • Pain and suffering
  • Disfigurement
  • Emotional trauma
  • Loss of earning potential

Punitive Damages

In some cases, such as when a truck driver was acting especially egregious, the judge may award punitive damages. These are meant to dissuade similar behavior, punish, or send a message. While this doesn’t happen in most cases, it can increase the total amount of the settlement.

Wrongful Death

If you are filing a truck accident case on behalf of a family member who was wrongfully killed, you can recover compensation for their medical bills, funeral expenses, loss of society, and loss of companionship.

How Much Can Our Peoria Truck Accident Lawyers Help You Recover

Every truck accident case is different. There isn’t a go-to settlement amount for crashes with commercial vehicles.

However, our law firm has a strong track record of recovering substantial settlements. Currently, our average settlement size for truck accident cases is around $12.8 million. In one case, we recovered $18.5 million for a client who suffered from reduced mobility and permanent damage after a head-on collision with a semi-truck.

Factors That Affect Truck Accident Settlement Amounts

While no one can guarantee how much you can receive from a truck accident settlement, there are some factors that can impact settlement amounts. The cost of losses is a significant factor in how much a settlement is worth. The more you have spent on medical bills, lost wages, and other damages, the more you can expect to receive in a settlement.

The severity of your injuries will also play a role in how much you can recover. Cases involving catastrophic injuries will most certainly have higher settlements than cases involving only recoverable injuries.

The availability of commercial insurance carriers can also make a big difference. Most truck drivers are covered under commercial policies they maintain on their own or through their trucking company. The policy limits on these types of insurance plans are much higher than personal auto insurance plans.

The Most Common Truck Accident Injuries

Truck accidents often result in serious injuries. Some of the most common truck accident injuries include:

  • Internal injuries
  • Broken bones
  • Concussions
  • Neck injuries and whiplash
  • Friction burns from seatbelts
  • Lacerations
  • Death

The Time It Takes to Settle a Truck Accident Personal Injury Lawsuit

A truck accident case typically settles in six months or more. However, some factors can reduce or increase this timeframe.

If your lawyer is able to reach a settlement with trucking and insurance companies without going to court, this is typically much faster than going through the court system for a judge’s verdict. Trials require scheduling and preparation. It is unlikely that a courtroom trial will settle within six months of an injury.

Some other factors that can influence how long it takes to settle a truck accident claim include the extent of losses, the availability of evidence, and the strength of the case. A trucking company or insurance carrier is more likely to settle a smaller case quickly to avoid going to court.

The Cost of Hiring a Peoria Truck Accident Attorney

Our law firm works on a contingency fee basis. This means that you don’t pay anything upfront, including a consultation fee. Our consultations are free. If the case is won, we take a percentage of the compensation as payment. That way, you only pay when the case is over and you receive a settlement.

Filing a Truck Accident Claim With Rosenfeld Injury Lawyers

When you want to file a truck accident claim, Rosenfeld Injury Lawyers will help you through the process. The first step is a free consultation so that we can understand your situation and determine whether you have a credible case.

Once we take your case, our next step is to gather evidence, such as the police report, medical records, and witness testimony. This includes consulting with experts to build a case against the truck driver who caused the accident.

Your insurance company and the insurance company of the other driver may offer a settlement. We negotiate with the insurance companies to ensure that any settlement offers are appropriate and that you get the compensation that you are entitled to.

If a settlement cannot be reached, then we prepare to go to trial. Our team builds the best case possible so that the trial is more likely to go in your favor. We are there with you the entire time, telling your side of the story and trying to get you the compensation that you deserve.

Contact an Experienced Peoria Truck Accident Lawyer Today!

Dealing with the fallout from a truck accident may involve legal action. Access to legal services by contacting Rosenfeld Injury Lawyers. Schedule a free consultation to discuss your legal options with Rosenfeld Injury Lawyers by filling out our contact form or calling us toll-free at (888) 424-5757. We have recovered millions for our clients and work on a contingency fee basis, so you don’t have to pay anything upfront for our services.

Related Practice Areas

Resources: [1] IDOT

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.

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