Falling asleep at the wheel is more dangerous than driving while blind, and even simple fatigue can result in deadly driver errors. It is beyond infuriating to realize that your injury (or the death of your loved one) was the result of a truck driver pushing past his physical limits in order to pad his income without regard for the safety of others.
Commercial truckers driving on Chicago roads are regulated at both the state and the federal level. These regulations impose restrictions on drivers that are designed to avoid excess fatigue – restrictions on working hours, for example. If you can prove that the driver broke one of these regulations, your claim will be greatly strengthened. That is not the only way to win, however.
Most commercial truckers are independent contractors, not employees. If the driver was an independent contractor, you can claim against the driver, but you can’t claim against the trucking company for the driver’s negligence. If the trucking company overscheduled the driver, however, you might have a claim against the company, which would leave you with two ways to win.
At Malman Law, the numbers stack up in our favor. Over the past quarter-century or so, we have served over 15,000 clients – 95 percent of whom received compensation. Furthermore, 95 percent of our winning clients never faced trial – they won at the settlement table. It all adds up to more than $200,000,000 in compensation over the years.
“This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!” – Cheryl Wagemann
Below are examples of some of the truck accident claims we handle:
No. If you do that, the insurance company will comb through it looking for excuses to deny your claim (they may claim that your injury was pre-existing, for example). Consult your attorney about exactly what information you should release.
Illinois law allows people injured by a defective product to sue not only the manufacturer, but also any merchant in the product’s chain of distribution as long as certain conditions are met.
The Illinois Wrongful Death Act is designed to compensate close relatives of a deceased accident victim as long as the accident is what caused the death. Damages can include:
Punitive damages are not available for Illinois wrongful death claims.
For the most part, no. Normally, the only parts of your recovery that the IRS can tax are:
Speak to a tax attorney about this matter, and be careful about taking an itemized deduction for medical expenses for the year you were injured.
When your batting average for successful claims is .950 as ours is, you don’t need the security of charging by the hour. Our fees don’t become due until the case is over, and they are calculated as a percentage of what you win. What that means is that if you don’t win, you don’t pay. That’s the Malman Law Zero Fee Guarantee.
2 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
NOAH TAFFELPersonal Injury Victim