The Chicago truck accident lawyers at Malman Law will fight for maximum compensation.
If you have been injured or lost a loved one in an accident involving an 18-wheeler, tractor trailer, or other commercial vehicle, the personal injury attorneys at Malman Law will fight for maximum compensation.
If you were involved in a trucking accident, it is essential that you contact an experienced Chicago truck accident lawyer immediately. Your attorney can ensure that no crucial evidence “disappears” following your accident, and that you are not bullied by a large trucking corporation and their army of lawyers. Highly skilled Chicago truck accident attorneys can additionally do the following for victims of a trucking accident:
According to a recent study, there were 22,000 tractor-trailer accidents in Illinois in a recent year. Below are more startling truck accident statistics for the state and country-wide:
Also, The Insurance Institute for Highway Safety reports that:
Not long ago, the U.S. Court of Appeals upheld the rule that allows truck drivers to drive eleven hours at a stretch, as opposed to the ten hours that safety groups – as well as many drivers – advocated for. If you have ever taken a long trip, you know how difficult it is to remain alert after driving for eleven hours straight. Truck drivers do this on a daily basis. As a result, nearly half of all truck drivers admit to falling asleep behind the wheel at least once within the previous twelve months, and 65 percent admit to being chronically over-fatigued while driving. In light of the fact that approximately 4,000 people are killed annually in trucking accidents, with another 100,000 being seriously injured, many are questioning the Court’s decision to allow truckers to continue to drive such long, uninterrupted hours. Even with the allowable eleven-hour limits, tight deadlines and slim paychecks lead many drivers to exceed those rules. Since a large number of fatal truck accidents can be tied to an overly fatigued truck driver, it appears that the economic profits of the trucking industry are being given more importance than the safety of the American public. There are a number of causes of trucking accidents, however, some of the more common causes include:
Truck accidents are often severe, and you may suffer terrible injuries. Some of the most common ones are:
Many truck crash victims suffer whiplash, disc injuries, sprained muscles, and worse. Even a minor neck and back injury can make it difficult to work, enjoy life, and do daily activities you enjoy.
A truck crash is powerful; many victims have broken arms, legs, hips, fingers, collarbones, and more.
Trucks carry at least 100 gallons of fuel, and a crash can ignite it. Plus, many trucks carry huge quantities of fuel or hazardous chemicals. As a result, you could suffer severe burns that devastate you for life.
Some accident victims suffer from concussions. Signs of a concussion include vision issues, confusion, and memory loss. Even if a concussion is minor, it can take months to recover.
Seatbelts save lives but can also cause injuries to the ribs, internal organs, and whiplash injuries.
Blunt trauma from a truck crash can cause damage to the intestines, stomach, liver, pancreas, and kidneys.
While many rib injuries are not life-threatening, they are severely painful. For example, you may have months of pain from broken or fractured ribs.
Some compensation you could receive includes
How much you can receive in a truck crash case depends on the severity of the injuries. Therefore, selecting a skilled and experienced litigator to represent you is important. In addition, the threat of an expensive lawsuit can motivate many insurance companies to offer a fair settlement.
There are two types of damages in personal injury cases: economic and non-economic. Economic damages refer to your countable losses for:
Non-economic damages are for pain and suffering and mental anguish. Again, your personal injury attorney will know what a case is worth. In addition, licensed attorneys can access settlement and verdict databases in your area to see what is being awarded in similar cases.
Some insurance companies may use a multiplier between 1-5 to pay pain and suffering damages. That number is multiplied by your economic damages. However, many insurance companies do not use this system anymore.
Winning a truck accident lawsuit means proving that the driver, his company, or another entity was negligent. Proving negligence requires proving duty of care, the duty was violated, and you suffered injuries and damages.
Commercial trucking companies are required by state and federal law to keep extensive records that can be used to establish liability in court. For example, a truck company must keep updated maintenance records for every vehicle. They also must have records of alcohol or drug abuse by their truckers.
You will almost certainly hire an attorney to represent you after a truck crash. However, there are important actions you can take before your attorney gets involved:
The tractor-trailer driver may be blamed for the crash. But a unique aspect of commercial vehicle accidents is there may be other liable parties. For example, the truck company could be responsible if their training and maintenance were not good enough.
Your attorney may explore the driver’s history and logs. If he was driving too long against federal law, this could be the basis for a lawsuit. The attorney will need to show that the trucker was driving for the company at the time of the accident. The attorney must look into the trucker’s contract and duties if the driver is independent.
At Malman Law, we have represented numerous truck accident victims since opening our doors in 1994. Our truck accident lawyers have the experience necessary to handle complex truck accident cases, and we are committed to ensuring that our clients receive maximum compensation for their injuries and losses. If you have been injured or lost a loved one in a truck accident in the Chicago land area, we will conduct a thorough investigation to determine the cause of the accident, and then we will aggressively pursue claims against all of the responsible parties.
Compensation for a truck accident in Chicago can vary from case to case. This is because each case has its own specific facts. What happened, how it happened, and how you were affected all play important factors in determining compensation. Truck accidents in Chicago fall under personal injury law. It is based on negligence. You may be eligible to receive compensatory damages, money for your medical expenses, money for future medical expenses, and lost wages. There are other types of monetary damages that you may be able to receive, but as noted, every case is different. To have your case evaluated, call Malman Law now for your free consultation.
It is understandable if you are reluctant to hire an attorney when you’re hurt in a truck accident. Unfortunately, most personal injury attorneys operate on a contingency fee basis, meaning your attorney is not paid unless you receive a settlement or award at trial.
It is common for personal injury attorneys to receive between 25% and 40% of your settlement or award. In addition, if the attorney paid fees for expert witnesses and other case costs along the way, that also is deducted from the settlement.
The key is you will not have to pay money upfront to engage the services of a Chicago truck accident attorney.
Drivers of 18 wheelers and most other large trucks are required to take special training courses in order to operate their truck. Whether or not the trucking company could be named as a defendant in a Chicago truck accident will largely depend on:
Many vehicle accident cases end in a settlement. Your attorney will not recommend you settle unless a fair offer is on the table. Truck accidents usually involve severe injuries. You could have months of recovery in front of you. Therefore, it’s important that you receive enough money in a settlement to get back on your feet.
You may be entitled to economic and non-economic damages from your tractor-trailer accident. Economic damages include:
Non-economic damages usually refer to the pain and suffering from the accident. How much should you get for pain and suffering? Unfortunately, there is no precise formula to decide how much you should receive.
If you are involved in a truck accident in Chicago and you’ve been injured, the expenses that you’ve incurred will ultimately depend on the facts surrounding your case. However, you may be able to bring a truck accident lawsuit against the driver, the trucking company, and the truck manufacturer.
Driver. The driver may have been negligent while loading or operating the truck. Loading errors can cause the load to shift during transport. The shifting load can cause a trailer to tip. On some types of trailers, the cargo may fall off and cause a hazard or hurt someone.
Trucking company. In some instances, the trucking company may be at least partially responsible for the accident. However, in order for the trucking company to be a defendant, they must have a legal responsibility for the driver. This means that the driver needs to be an actual employee of their company as opposed to being an owner-operator. Trucking companies who provide trucks to employees are responsible for providing routine maintenance of the tires, brakes, safety equipment, and other parts and components.
Truck manufacturer. When a faulty truck is built by the manufacturer and it is involved in an accident, you may be able to sue the truck manufacturer under product liability laws. Faulty truck designs and mistakes made during assembly are extremely dangerous.
If you were involved in a truck accident in Chicago, make sure that you call the truck accident lawyers at Malman Law. We provide free consultations.
Sometimes, insurance companies are quick to offer a settlement. They know that accidents of this nature can be very stressful and that you’re likely to settle for far less than your claim is actually worth. If you don’t have a Chicago truck accident attorney representing you, they most likely will not offer you a fair amount.
Do not sign anything given to you by the insurance company without first contacting Malman Law. If you sign something, you could lose your right to sue in court. It’s important that you get a fair settlement. Call or contact Malman Law to book your free consultation today.
Many insurance companies will put a quick, low offer on the table to see if you take it. In most cases, your attorney will recommend negotiating for more money. Remember, getting a fair deal can take months. In a truck accident with severe injuries, it is often best to see how much you recover before negotiating a settlement.
Rushing and taking an initial settlement offer could leave you without enough money for your complete recovery.
In Chicago, truck accidents mostly include a commercial truck. In this sort of accident, a commercial truck is an 18 wheeler or other type of large delivery truck. It’s something that most of us think of when we hear the term “big rig.” Other examples include a tanker truck, a cement truck, and any large delivery vehicle that has the purpose of delivering commercial goods. If you were in a wreck that involved a large delivery vehicle, call Malman Law for a free consultation.