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Chicago Truck Accidents Due to Driver Fatigue

truck driver asleep at wheelFalling 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.

Driver Fatigue and Trucking Regulations

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.

Independent Contractors

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.

Winning Is a Way of Life for Us – in Court and at the Settlement Table

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.

Client Testimonial

“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

Types of Truck Accident Cases We Frequently Handle

Below are examples of some of the truck accident claims we handle:

Frequently Asked Questions (FAQs)

The insurance company asked me to release my entire medical history. Should I do it?



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.

Can I claim against the manufacturer of defective truck brakes if they caused the accident?



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.

What is a wrongful death lawsuit?



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:



  • Grief, sorrow and mental suffering;

  • Loss of financial support;

  • Funeral and burial expenses; and

  • Any other amount the court considers “fair and just.”


Punitive damages are not available for Illinois wrongful death claims.

Can the IRS tax my recovery?



For the most part, no. Normally, the only parts of your recovery that the IRS can tax are:



  • Interest on your compensation that accumulates while you are waiting for your funds to arrive; and

  • Punitive damages (which most accident victims don’t receive anyway).


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.

We Won’t Bill You Unless You Win

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.

Start on the Road to Victory Today

Evidence decays over time along with the memories of potential witnesses. There is no time like the present to get started on your claim. Call Malman Law today at 1-888-836-5975, or fill out our contact form to schedule a free initial consultation. We have someone standing by 24/7 to take your call, and we will come to meet you if you can’t come to us.

Firm Awards & Recognitions

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. 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
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Know Your Rights!

Why People Choose Malman Law

  • Credibility & Experience

    20,000+ Cases over 25 Years
  • Track Record of Success

    Over $200,000,000 Collected
  • Team of Litigation Lawyers

    Real Courtroom Experience