Chicago Truck Accident Lawyer

A Chicago truck accident lawyer from 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, a Chicago truck accident attorney at Malman Law will fight for maximum compensation:

• We have recovered over 400 million for many of our clients and their loved ones.
• We have more than 25 years of legal service in Chicago.
• No fee unless you win—We come honest from day one. Our goal is to ensure fair compensation for you.
• Malman Law wins 95% of its cases, including truck accident cases.
• Steve Malman has handled over 25,000 cases successfully and collected hundreds of millions of dollars for his clients. He has been instrumental in obtaining multiple seven-figure verdicts and settlements from personal injury cases, including truck accidents.

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What Kind Of Injuries Can You Sustain From A Truck Accident?

Truck accidents are often severe, and you may suffer terrible injuries. Some of the most common ones are:

Back And Neck Injuries

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.

Burns

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.

Internal Injuries

Blunt trauma from a truck crash can cause damage to the intestines, stomach, liver, pancreas, and kidneys.

Broken Bones

A truck crash is powerful; many victims have broken arms, legs, hips, fingers, collarbones, and more.

Head Injuries

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.

Rib Injuries

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. All suffered injuries in a truck accident case have to be studied by a Chicago truck accident lawyer.

How a Truck Accident Attorney Can Help?

If you were involved in a trucking accident in Chicago, it is essential that you contact a 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 its army of lawyers. Highly skilled truck accident attorneys can additionally do the following for the victims:

1. Interview witnesses and get statements from those witnesses soon after the accident
2. Secure all evidence related to the truck accident, and ensure that the black box evidence is properly preserved
3. Subpoena the trucking company’s safety and personnel records of the driver
4. Bring in experts to recreate the accident or the scene of the accident
5. Obtain all maintenance records related to the truck involved in your accident
6. Determine whether there were violations of federal or Illinois state laws concerning driving regulations
7. Discover any past history of trucking company violations
8. Secure and review the police reports pertaining to your trucking accident
9. Thoroughly review your medical records, interview medical personnel when necessary in order to build a solid case on your behalf
10. Secure the driver’s log books in order to determine whether the driver had driven more than the allowable hours.

We have won over 15 million from vehicle accident cases, including truck accidents in the Chicago area. With a free initial case evaluation, we can help explain what your truck accident case would involve and what to expect from it.

What should I do after being in a truck accident?

If you have been involved in a truck accident, there are several important steps you should take to protect your rights and ensure your safety:

• Seek medical attention: Your health and well-being should always be your top priority. Even if you do not believe you have been seriously injured, it is important to seek medical attention as soon as possible. Some injuries may not be immediately apparent, and a delay in treatment could worsen your condition and make it more difficult to connect your injuries to the accident.
• Contact the police: Call the police to the scene of the accident so that they can create an official report. This report can be an important piece of evidence when filing a claim.
• Do not admit fault: It is important not to admit fault or apologize after a truck accident. Even if you believe you may have contributed to the accident, fault determination is complex and should be left to the experts.
• Consult with an attorney: It is in your best interest to consult with an experienced Chicago truck accident attorney as soon as possible. They can guide you through the claims process, ensure your rights are protected, and help you pursue the compensation you deserve.

How Long Do I Have To File a Claim?

In Chicago, the statute of limitations for filing a truck accident claim is generally two years from the date of the accident. However, it is important to consult with an attorney as soon as possible after the accident to ensure you meet all necessary deadlines. Failing to file a claim within the statute of limitations can result in a loss of your right to pursue compensation for your injuries and damages.

Statute of Limitations to File a Chicago Truck Accident Lawsuit

As previously mentioned, the statute of limitations for filing a truck accident lawsuit in Chicago is generally two years from the date of the accident. However, there may be exceptions to this timeframe depending on the specific circumstances of your case. It is essential to immediately consult with an experienced Chicago truck accident attorney to ensure you meet all necessary deadlines and fully understand your legal rights.

How long will my case take to settle?

The time it takes to settle a truck accident case can vary depending on the specific circumstances of the case. Some cases may be resolved through settlement negotiations, while others may need to go to trial. Factors that can affect the timeline include the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. An experienced Chicago truck accident attorney can provide a more accurate assessment of how long your specific case may take to settle.

Dos and Don’ts of Dealing with Insurance After a Crash

Dealing with insurance companies after a truck accident can be complicated and overwhelming. Here are some dos and don’ts to keep in mind:

• Do report the accident to your insurance company as soon as possible.
• Do provide your insurance company with accurate and detailed information about the accident.
• Don’t admit fault or speculate about the cause of the accident.
• Don’t provide a recorded statement to the other party’s insurance company without consulting with an attorney.
• Do document your injuries and damages, including medical bills, property damage, and any other related expenses.
• Do consult with an experienced Chicago truck accident attorney before accepting any settlement offers from the insurance company.

Truck Accident Statistics

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:

• There were 1,337 accidents with trucks in Illinois work zones. Of those accidents, 837 had a semi-trailer attached.
• Large trucks are involved in 9% of fatal crashes in the US.
• Most fatal truck wrecks happen in rural regions during the day.
• 4,014 people died across the US in truck accidents in 2020. 16 percent of those who didn’t survive were truckers, whereas 67 percent were drivers and passengers of regular cars and SUVs, and 15 percent were bikers and pedestrians.
• The number of fatal truck accidents dropped 8% in 2020 across the US.
• Tire defects are responsible for about one-third of truck accidents.

Also, The Insurance Institute for Highway Safety reports that:

• Of two-vehicle collisions that year, 97 percent of those who did not survive the crash were occupying the smaller vehicle (not the truck drivers).
• Commercial truck drivers can legally be behind the wheel for 11 hours straight without stopping, according to federal regulations.
• Over the past ten years, the number of people killed in semi-truck crashes rose by 1/3.
• Tractor-trailers (a.k.a. semi-trucks) cause 3/4 of big truck accidents. Single-unit trucks, like delivery vehicles without trailers, cause about 1/4 of those crashes by comparison.
• A fully-loaded semi-truck can take up to 40 percent longer to reach a full stop than a passenger vehicle. If the roadway is wet or icy, that figure is even greater. Poorly maintained brakes on commercial vehicles can also be a factor contributing to longer stop times.
• The most dangerous roads when it comes to truck accidents are highways and main thoroughfares. These types of roads account for more than half of truck crashes. 34 percent of truck crashes in a year were on freeways, and 15 percent were on side streets.

What Compensation Are You Entitled To In A Truck Crash Lawsuit in Chicago?

Some compensation you could receive includes

• Past and future medical costs
• Lost earnings
• Loss of the ability to earn a living
• Property damage, including vehicle repair or replacement
• Additional costs your auto and health insurance will not cover

The amount of compensation 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.

Can I Still Receive Compensation if I’m Partially Responsible for the Accident?

In Chicago, the legal principle of comparative negligence applies to truck accident cases. This means that even if you are partially responsible for the accident, you may still be able to receive compensation for your injuries and damages. However, your compensation may be reduced in proportion to your degree of fault. It is important to work with an attorney who can help build a strong case and argue for maximum compensation, even if you bear some responsibility for the accident.

How Truck Accident Damages Are Calculated

There are two types of damages in personal injury cases: economic and non-economic. Economic damages refer to your countable losses for:

• Medical bills
• Lost earnings
• Out-of-pocket expenses, such as prescription and doctor visit copays

Non-economic damages are for pain and suffering and mental anguish. Again, your attorney will know what a case is worth. Also, 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.

What Proof Is Needed For A Truck Crash Lawsuit in Chicago

Winning a truck accident lawsuit means proving that the driver, his company, or another entity was negligent. This 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:

• Document as much crash scene evidence as possible. Take photos of all vehicle positions, up close and distant shots of every vehicle, and photos of the overall collision scene. Law enforcement will move the damaged cars, so getting these images is essential.
• Take photos of your injuries if you are able.
• Get eyewitness contact information and statements, if possible.
• Go to the doctor immediately. Delaying to get medical attention even one day can compromise your claim.
• Do not talk to any truck company insurance company directly. Only communicate with them through your attorney.

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 truck accident 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 Chicago truck accident lawyer working on your case must look into the trucker’s contract and duties if the driver is independent.

Types of Truck Accidents

Truck accidents can occur in various ways, and each type of accident presents its own unique challenges and considerations. Some common types of truck accidents include:

• Rear-end collisions
• Jackknife accidents
• Rollover accidents
• Underride accidents
• Wide-turn accidents

Causes of Truck Accidents in Illinois

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:

• Driver fatigue;
• Distracted driving;
• Inexperienced truck drivers;
• Defective or poorly maintained truck brakes and tires;
• Poorly secured cargo;
• Cargo spills;
• Swinging turns;
• Trucker blind spots;
• Lack of underride guard;
• Negligent hiring practices;
• Defective truck parts; and
• Adverse weather

Federal Motor Carrier Safety Regulations and Truck Accidents

Truck accidents are governed by a set of regulations known as the Federal Motor Carrier Safety Regulations (FMCSRs). The FMCSRs cover a wide range of topics, including driver qualifications, hours of service, vehicle maintenance, and cargo securement. 

Violations of these regulations can often contribute to truck accidents, and proving that a violation occurred can strengthen a truck accident case. An experienced Chicago truck accident attorney understands these regulations and how to hold the responsible parties accountable for violations.

Non-Driver Liability in Truck Accidents

While truck drivers are often at fault in truck accidents, other parties may also be liable. For example, the trucking company may be responsible for inadequate maintenance or a failure to properly train or supervise the driver. 

Additionally, the manufacturer of the truck or its parts may be liable if a defect or malfunction contributed to the accident. In some cases, multiple parties may share liability for a truck accident. 

It is important to work with a knowledgeable truck accident attorney who can thoroughly investigate the circumstances of the accident and identify all potentially responsible parties.

Read more: Why choose Malman Law

Our Chicago Truck Accident Lawyers at Malman Law help victims inside Illinois. Our firm is conveniently located near you. We have an office in Chicago at 205 W Randolph St # 1700, Chicago, IL 60606, United States. Find us with our GeoCoordinates: 41.883913918593215, -87.63417857142082.

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