Chicago Truck Accidents Due to Faulty Truck Design
Not all truck accidents are caused by the misconduct of a driver. Sometimes it is the vehicle itself that it the problem – faulty brakes, for example. Products liability law is designed to compensate people who are injured by a defective product, including vehicle components. You don’t have to own the product to recover for an injury it causes you.
Products Liability Law in Chicago
In Chicago, products liability claims are based on Illinois products liability law. A products liability claim can be asserted against a manufacturer or distributor of a defective product – basically, anyone in the product’s chain of distribution. To win, you must show that the product was defective and unreasonably dangerous, and that the defect caused you injury.
A design defect is one of the three types of defects that can trigger liability under products liability law. If you suspect a design defect in a vehicle component, you can proceed under either a negligence or a strict liability theory of liability. Strict liability is generally preferable.
Malman Law Understands Products Liability Claims
Here at Malman Law, we have been practicing personal injury law all day, every day, for nearly a quarter of a century – including many, many truck accident and product liability cases. In that time we have served over 15,000 personal injury clients, enough to populate a small town.
- 95 percent of our clients have won their cases.
- Only about 1 in 20 of our clients have faced trial, the rest receive private settlements.
- Our clients have won over $200,000,000 altogether.
A Word from a Former Client
“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
Practice Areas Related to Truck Accidents
The following are some examples of truck accident claims that we frequently handle:
- Truck Accidents Due to Distracted Driving
- Truck Accidents Due to DUI
- Truck Accidents Due to Driver Fatigue
- Truck Accidents Due to Driver Error
- Back and Neck Injuries From Truck Accidents
- Broken Bones From Truck Accidents
- Head Injuries From Truck Accidents
- Lacerations From Truck Accidents
- Spinal Cord Injuries and Paralysis From Truck Accidents
Frequently Asked Questions (FAQs)
Why does 'causation' matter?
Causation is one of the four elements of a personal injury claim. Even if you were injured by a defective product, you can still lose your claim if you cannot establish that the product’s defect is what actually caused your injury.
What are some defenses against a products liability claim based on a design defect?
There a number of possible defenses, which may or may not be applicable depending on the facts of your case. Below are a few of them:
- The product, although defective, was not unreasonably dangerous
- The product was used in an unforeseeable manner
- Assumption of the risk (the accident was mostly your fault, for example)
What are some of the tricks defendants and insurance companies like to play?
There are too many to count. Some of the most common include:
- Using endless delays to try to get you to miss the statute of limitations deadline.
- Setting an arbitrary deadline to accept an unreasonably low settlement offer.
- Trying to lower the value of your claim because you weren’t wearing a seat belt. Your failure to wear a seat belt cannot be used as evidence against you in court.
Am I required to prove liability beyond a reasonable doubt?
No. “Beyond a reasonable doubt” is the standard for a criminal trial, not a civil claim. In a civil claim, the standard is “preponderance of the evidence”, which is a much easier standard to meet.
You Pay Us Only If You Win
When you win almost all of your cases like we do, you don’t worry too much about the few that you lose. If you don’t win your claim, you won’t be receiving a legal bill from us – our services will be free of charge. Since we charge no upfront fees, we’re not talking about a refund. We mean that you will never owe us anything in the first place. That’s Malman Law’s Zero Fee Guarantee.
Make Time Work for You – Not the Other Way Around
Act quickly. Like people, personal injury claims grow weaker with age. Call us today at 1-888-836-5975, or fill out our online contact form. We are available 24/7 to schedule a free consultation on your case. If you can’t come to us, we will be more than happy to meet you anywhere in Chicago.