Improper Truck Maintainence Causing Accidents in Chicago
A large truck can behave like a highway missile when the driver loses control, and the devastation can make the scene of the accident look like the scene of a war zone. Many truck accidents, unfortunately, result from completely avoidable causes such as improper maintenance. If you were injured in such a crash, it’s time to fight back and contact a truck accident attorney at Malman Law.
Employees, Independent Contractors, and Liability
Since most truck drivers are independent contractors rather than employees of the trucking companies they work for, it is generally impossible to win a claim against a trucking company for the negligence of the driver. An accident caused by improper truck maintenance is different, however, because it may be possible to win a claim directly against the trucking company.
Trucking companies are required by federal regulations to maintain their vehicles. Failure to do so can trigger liability for an accident, regardless of whether the driver was an employee or an independent contractor. Maintenance is the responsibility of the trucking company if it owned or leased the truck involved in the accident. The truck driver might also be jointly liable.
Going to Court Is the Last Resort
Achieving an out-of-court settlement is almost always better than slugging it out in court. And settlement will be our aim from the beginning. In fact, over 90 percent of our clients end up bringing home a negotiated settlement. Once in awhile, though, the opposing party is stubborn and we have to go to court. Fortunately, our track record proves we know how to win there.
“Two years ago, I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet.” – Malman Law Client
Some of Our Related Practice Areas
The following are a few examples of truck accident claims we frequently handle:
- Truck Accidents Due to Distracted Driving
- Truck Accidents Due to Driver Fatigue
- Truck Accidents Due to Driver Error
- Truck Accidents Due to Faulty Truck Design
- Back and Neck Injuries From Truck Accidents
- Broken Bones From Truck Accidents
- Head Injuries From Truck Accidents
- Spinal Cord Injuries and Paralysis From Truck Accidents
Frequently Asked Questions (FAQs)
What are my legal options if my spouse died in a trucking accident caused by faulty maintenance?
Illinois allows the personal representative of the deceased victim’s probate estate (typically a close relative named in the will or appointed by the probate court) to file a lawsuit seeking damages on behalf of the victim’s surviving spouse and next of kin. Amounts can be very substantial.
What is “negligence per se” and how can it help me win?
“Negligence per se” is a finding of negligence based on the defendant’s violation of a safety law. Once you prove the defendant violated a safety regulation (by failing to perform maintenance, for example), the court will consider your proof prima facie evidence of negligence. This requires the defendant to prove he was not negligent, typically an impossible task.
Can I also claim against the manufacturer of my automobile if my airbags failed to deploy?
Yes, if the airbags were in “defective condition and unreasonably dangerous” and if their failure to deploy worsened your injuries. Your airbags might have suffered:
- A manufacturing defect;
- A design defect; or
- Inadequate product warnings.
What is a commercial truck’s “black box”?
A commercial truck’s “black box” or Event Data Recorder records information about the trucker’s journey. This information might include:
- Braking status
- Cruise control status
- Lane departure warning events
You can generally compel the defendant to turn over the black box once a lawsuit has been filed, and it can be used as evidence.
We Charge No Upfront Fees – and Our Services Are Free Unless You Win
At Malman Law, there is no such thing as billable hours. Here, we charge by results. You will owe us nothing up front (and not a dime ever) unless you receive compensation for your claim. Our fee structure is set up so that, in effect, it is the opposing party who pays your legal bills – not you. So if even you’re suffering financially, don’t hesitate to contact us.
Let Us Make It Happen for You
If you were injured in a Chicagoland accident that you believe may have been caused by faulty truck maintenance, there is no time like the present to get started pursuing your claim. Call us today at 1-888-836-5975 or simply fill in our online contact form, and we will schedule you a free initial case consultation to discuss your Chicago Accident was Caused by Improper Truck Maintenance. If you can’t come to us, we will come to you.